Race Discrimination

Cleveland Attorneys: Ohio Lawyers

Black African American Discrimination

Although we would like to believe otherwise, recent news shows that, racism is still a large problem in our society. Fortunately, the race discrimination attorneys at The Spitz Law Firm are here to represent employees who have been discriminated against on the basis of race and color, in violation of Section 1981 of the Civil Rights Act of 1866; Title VII of the Civil Rights Act of 1964; and under Ohio R.C. § 4112.02.

Under these law, an employee cannot be denied equal employment opportunity because of that employee’s racial group or perceived racial group, race-linked characteristics (hair texture, color, facial features), or marriage to or association with someone of a particular race, ethnicity or color. Federal and Ohio race discrimination laws further prohibit employers from making decisions based on stereotypes and assumptions about abilities, traits or the performance of certain racial or ethnic groups. These laws apply regardless of whether the discrimination is directed at African-Americans, Whites, Asians, Latinos, Arabs, Native Americans, Native Hawaiians, multi-racial individuals, or persons of any other race, ethnicity or color.

Memorial Statute in Cleveland skyward

There are generally two basic types of race, ethnicity and color discrimination claims: (1) disparate-treatment discrimination is when race is a motivating factor in how an employer treats individual employees; and (2) disparate-impact discrimination is when an employer’s purported neutral policy or practice has a significant negative impact at least one racial groups, and the policy or practice is either not job-related and consistent with a business necessity, or there is a less discriminatory alternative that the employer has refused to adopt it.

Although racial discrimination takes many forms, you should immediately call The Spitz Law Firm if you have encountered any of the following examples of racial discrimination or race based harassment:

  • The company precludes or limits an employee’s opportunity for job advancement based on race. We have seen racially motivated situations where white workers were hired and/or promoted despite lower test or interview scores; where African American employees with more training, experience and/or education are passed over in favor of Caucasian employees; or where managerial positions were only open to employees who shared the same race as the majority of the customer base.
  • Managers created, promoted or knowingly allowed a hostile work environment through racially hostile action such as putting nooses on an employee’s locker.
  • The boss created, promoted or knowingly allowed a hostile work environment through racially repeated use of offensive language such as the n-word, boy, spade, Buck Wheat, Aunt Jemima, Uncle Tom, coon, n-lover and others. Yes, we have actually dealt with all of the above.
  • Employers discriminated against an employee because of that employee’s association by marriage or friendship with people of a certain race or ethnicity. We have seen this when interracial employee couples change an address on benefit or tax forms that tips the employer off that they are cohabiting.
  • Employers created, promoted or knowingly allowed a hostile work environment through repeated racially motivated jokes. For example, our race discrimination lawyers have seen jokes about protecting your wallet because the black guy is coming; jokes about being paid bonuses in watermelons; and crude jokes about why white women date black men.
  • Employers subjected particular races to higher review standards or harsher disciplinary actions. Our race discrimination attorneys have seen black managers fired for the actions of subordinates, who were never disciplined. We have seen black area managers held to different performance standards than white counterparts, and then denied raises or face termination based on the unequal standards.
  • Employers segregate employees or assigning particular jobs based on race. Our attorneys have dealt with employers that only hired African Americans to be dishwashers because it was a black job; and bosses that would not allow blacks to be waiters or maitre de at high scale restaurants. Segregation occurs where African-American salespeople are assigned to “Black Ghettos” while Caucasian salespeople are assigned to affluent White neighborhoods.
  • Racial classifications are used by the employer on applications or interview form either overtly or by designated code. For example, we have seen employers “slyly” use such codes as chocolate and vanilla, BM (for black mama), and GP (for ghetto person). Remember, even white employees that are fired, demoted and/or otherwise retaliated against for objecting to or complaining about such racial discriminatory practices have a claim for under both federal and Ohio laws.
  • The position a minority racial group or group were eliminated during company layoffs, but most of the employees of a different race were able to keep their positions or were reassigned to other positions.

Both Ohio and Federal law prohibits an employer from retaliating against an employee that has engaged in protected activity, including opposing a practice the employee reasonably believes is made unlawful by one of the employment discrimination statutes or of filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing under the statute. Thus, an employer cannot fire, demote, discipline or take other adverse actions against any employee from complaining about the infringement of their or any other employees’ rights to be free from racial discrimination.

If you feel like your employer has wrongfully discriminated against you or someone you know based on race, call The Spitz Law Firm for immediate help. Call the right attorney today at (216) 273-3742 for a FREE and CONFIDENTIAL initial consultation.

Because we know that many clients are not able to afford the costs of litigation up front, we take on more cases on a contingency fee basis than most firms. Contingency fee agreements mean that the client need not pay any fee for legal services unless and until our employment attorneys recover money and/or results on your race discrimination claim.

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