Best Ohio Race Discrimination Attorney Answer: Does an African-American employee have a claim for race discrimination if her African-American supervisor says that he has “too many black” employees? Can I sue for employment discrimination at work if my supervisor is the same race as me? What should I do if I was fired today and replace with a White person?
Okay, so you are an African-American employee working at a company somewhere in Texas. One day, you hear your direct supervisor say to you and other employees, “I have too many black employees” working for me. Soon thereafter, you are fired from your job. Great evidence for a race discrimination claim right? Well, what if your direct supervisor is also African-American? Is it still considered an impermissible race-based comment if the person making the comment is the same race as you and the same race as the individuals who are the subject of the comment? At least one Court says that such a comment, by an African-American supervisor is sufficient to create a question of fact supporting a race discrimination claim.
All employees are protected under Title VII of the Civil Rights Act of 1964 and Ohio’s R.C. § 4112.02(A) from being discriminated against or retaliated against by their employers on the basis of race.
Specifically, Title VII prohibits race discrimination in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment, on the basis of race, color, religion, sex or national origin. Similarly, Ohio Revised Code § 4112.02 prohibits discrimination based on race, color, or ancestry.
In addition, the Ohio Fair Employment Practice Act, R.C. § 4112.01 et seq., prohibits employment practices that discriminate or retaliate on the basis of race. This law also prohibits an employer from retaliating against any person because that person has opposed an unlawful discriminatory practice, made a complaint, testified, or assisted in any investigation, proceeding, or hearing under this law.
In Turner v. The Hershey Co., a federal district court in the Southern District of Texas denied the employer’s motion for summary judgment seeking to dismiss the employee’s race discrimination claim against her former employer. Specifically, the plaintiff, Yolanda Turner was employed with Hershey for about eight years until she was terminated in 2011. During her employment, Turner’s direct supervisor was Russell Williams, an African-American male. After terminating Turner in 2011, Williams hired and replaced Turner with a Caucasian female.
Thereafter, Turner filed a lawsuit claiming that Hershey terminated her in violation of Title VII based on her race. In a motion for summary judgment filed by Hershey, the company argued that it had a legitimate reason for terminating Turner and that she could not establish pretext. In response, Turner argued that Williams told African-American employees that they “were being targeted for termination because they are black.” Moreover, other employees corroborated Turner’s testimony that Williams frequently told them that he had “too many black employees”.
Based on this evidence, the Court denied Hershey’s motion for summary judgment, concluding that it did not matter that Williams was African-American, and that fact did not preclude Turner’s race discrimination claim from going to a jury. Rather, Williams’ comments, regardless of his race, were sufficient to constitute evidence of racial animus, which according to the Court, could convince a jury that Williams’ decision to termination Turner was motivated by her race.
If you feel that you are being discriminated based on your race, whatever race that may be, then call the right attorney. Race discrimination includes being harassed, fired, wrongfully terminated, discriminated against, demoted, wrongfully disciplined, and denied wages. When you call the right attorney to schedule a free and confidential consultation at 866-797-6040, you will meet with a race discrimination lawyer from Spitz, The Employee’s Law Firm who will help you determine the best way to pursue your legal claims.
The materials available at the top of this race discrimination page and on this employment law website are for informational purposes only and not for the purpose of providing legal advice. If you are still asking: “What should I do …”, “I’m being discriminated against …”, “my boss is discriminating against me because …” or “How do I …”, your best option is to contact an Ohio attorney to obtain advice with respect to race discrimination questions or any particular employment law issue. Use and access to this employment law website or any of the links contained within the site do not create an attorney-client relationship. The legal opinions expressed at or through this site are the opinions of the individual lawyer and may not reflect the opinions of Spitz, The Employee’s Law Firm, attorney Brian Spitz, or any individual attorney.