Racial discrimination in the workplace can take many forms, from overt acts of racism to subtle biases that affect hiring, promotions, or working conditions. If you believe you have experienced racial discrimination at work in Florida, you may have legal options available to protect your rights.

What is Racial Discrimination in the Workplace?

Racial discrimination occurs when an employer treats an employee or job applicant unfavorably because of their race, color, or certain characteristics associated with race. This can include:

• Refusing to hire or promote based on race
• Paying lower wages or providing fewer benefits to employees of a certain race
• Harassment based on race, including racial slurs, offensive comments, or displaying racist symbols
• Enforcing policies that disproportionately impact employees of a certain race without a legitimate business need

Legal Protections Against Racial Discrimination

In Florida, employees are protected from racial discrimination by both federal and state laws:

1. Title VII of the Civil Rights Act of 1964 (“Title VII”): This federal law prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees.
2. Florida Civil Rights Act (“FCRA”): This state law provides similar protections to Title VII and generally applies to employers with 15 or more employees.

Steps to File a Racial Discrimination Complaint

1. Contact an Employment Lawyer

Before taking any steps, consult with an experienced employment lawyer. At BT Law Group, our attorneys can guide you through the process of initiating and then litigating a race discrimination claim, including providing valuable assistance from the beginning. We can help you:

• Evaluate the strength of your case
• Understand your legal rights and options
• Develop a strategic approach to your case
• Ensure all necessary steps are taken to protect your interests

By involving an attorney early, you can avoid potential missteps and maximize the chances of a favorable outcome.

2. Document the Discrimination

With the guidance of your attorneys at BT Law Group, gather and organize evidence of the racial discrimination you’ve experienced. This may include:

• Detailed notes of discriminatory incidents, including dates, times, locations, and witnesses
• Any written communications, such as emails or texts, that demonstrate discriminatory behavior
• Performance reviews or other employment records that may support your claim
• Names and contact information of potential witnesses

Your attorneys can help you identify what documentation is most relevant and how to properly preserve this evidence.

3. Review Your Company’s Policies

Review your employee handbook or company policies for information on how to report discrimination internally. Many companies have specific procedures or requirements for reporting such issues.

4. Report the Discrimination to Your Employer (If Appropriate)

In some cases, it could be advisable to report the discrimination to your employer before filing a formal complaint with an administrative agency. This gives your employer an opportunity to address the issue and may be necessary to show that you took reasonable steps to resolve the situation internally.

Follow your company’s procedures for reporting discrimination, which may involve notifying your supervisor, HR department, or a designated compliance officer. Be sure to document this report, including when and to whom you made it and any response you received. Further, if you are retaliated against for complaining about discrimination, it could support a retaliation claim under Title VII or the FCRA.

5. File a Charge with the EEOC or FCHR

Prior to initiating a lawsuit in court, you are required to file a Charge of Discrimination with either:

• The U.S. Equal Employment Opportunity Commission (EEOC), or
• The Florida Commission on Human Relations (FCHR)

Your lawyers at BT Law Group can help prepare the Charge and will ensure that your Charge is filed correctly and within the required timeframes.

6. Navigate the Investigation Process

Once your Charge of Discrimination is filed, your attorneys will guide you through the agency’s investigation process, which may include:

• Responding to agency requests for information
• Preparing for and participating in interviews
• Reviewing and responding to your employer’s position statement
• Identifying and preparing witnesses

7. Explore Mediation and Settlement Options

If mediation is offered, your attorneys will represent you in these proceedings, working to negotiate a potentially favorable settlement. If a settlement offer is made at any point in the process, your lawyers will help you evaluate the offer and decide whether to accept it or continue pursuing your claim(s).

8. Consider Filing a Lawsuit

If your Charge of Discrimination is not resolved through the administrative process, your attorneys will discuss the option of filing a lawsuit in court. If you decide to proceed, your lawyer will:

• Ensure you meet all filing deadlines
• Prepare and file your lawsuit
• Represent you throughout the litigation process

Throughout each of these steps, having experienced employment law attorneys from BT Law Group by your side can help you navigate the process. BT Law Group will handle the legal work, allowing you to focus on your well-being during this challenging time.

Protecting Yourself from Retaliation

It is generally illegal for an employer to retaliate against you for filing a discrimination complaint or participating in an investigation. Retaliation can include actions such as demotion, pay cuts, or termination.

If you experience retaliation after filing a complaint, document it carefully and report it to your lawyers at BT Law Group. You may have additional legal claims based on the retaliation.

Get Help With Your Workplace Discrimination Case

Filing a racial discrimination claim against your employer can be challenging, but it is an important step in protecting your rights and promoting a fair workplace. If you believe you have experienced racial discrimination at work, do not hesitate to contact the experienced employment law attorneys at BT Law Group. The Firm can provide a confidential consultation to discuss your situation and help you understand your options for pursuing justice.

Remember, every situation is unique, and the outcome of a discrimination claim can depend on various factors. An experienced attorney can help you navigate your claim and work toward the best possible resolution.