Rutherford County, TN
Our team of employment lawyers represent workers in Rutherford County, TN. We have filed numerous lawsuits against companies for claims of race discrimination, retaliation, and hostile work environment.
Race discrimination in the workplace often includes racially offensive slurs said by coworkers and/or supervisors, but it can also permeate the work environment in more subtle ways such as being treated unfairly in regards to performance evaluations, promotional opportunities, or pay compared to other employees.Discrimination and Harassment Claims
One of the most common legal issues in Tennessee concerns racial discrimination and harassment in the workplace. Federal and Tennessee laws prohibits discrimination and harassment that is based on an employee’s race. These laws also prohibit employers from retaliating against an employee who complains about such discrimination or harassment.
There are short deadlines in which you must act to preserve your legal claims. So, if you and/or coworkers are being treated differently based on your race, immediately contact Rickard Masker, PLC online or at the number above.Racially Hostile Work Environment
Experiencing racial harassment at work can be traumatic and extremely stressful. However, you do not have to tolerate this type of misconduct by supervisors or coworkers out of fear of losing your job. Federal and Tennessee law prohibit severe or pervasive harassment based on your race.
A hostile work environment based on race is when you are subjected to severe or pervasive racially offensive language and/or physical threats that create an abusive work environment that interferes with your ability to perform your job. Courts assess many factors in analyzing whether or not a particular work environment is hostile in the legal sense.Workplace Retaliation
Despite statutory protections, employees are fearful of retaliation if they report racial harassment or discrimination at work. Retaliation claims are the most frequently filed claims every year with the U.S. Equal Employment Opportunity Commission. Some employers violate the law by targeting employees based on a protected class for discipline and termination. For example, some employers are quick to promote one racial group while being quick to discipline a different one.Proving Racial Discrimination Claims
A frequently asked question is, how are discrimination claims proven in court? The first method is through direct evidence, which consists of any information that proves discrimination in and of itself. For example, if your boss openly stated that you are fired because of your race, that statement would be direct evidence. As you can imagine, direct evidence is rarely available in discrimination cases.
The more common method of establishing discrimination claims is through circumstantial evidence, which means proving a fact by reasonable inference. Often, the reason your employer gives you for the termination just doesn’t make sense. For example, your employer tells you that you’re being laid off as part of a reduction in force, yet no one else is let go. Or maybe the employer’s reason is poor performance, but you were never disciplined or coached about your performance despite the company having a progressive discipline policy. Such inconsistencies may be used as circumstantial evidence to show that the employer’s stated justification is fake in an effort to hide unlawful discrimination or retaliation.
Circumstantial evidence in employment cases comes in many forms, including:
- Timing: You report workplace racial discrimination and are terminated mere weeks later without warning or prior discipline;
- Shifting justifications: An employer gives different reasons at different times for your termination;
- Worse treatment: White employees are treated more favorably, including promoted faster and rarely disciplined;
- Racially discriminatory remarks: Derogatory comments by a decision maker can show racial animus;
- Subjective reasoning: The justification for your termination is, for example, “Unable to meet Company expectations” or “Not a fit”;
- Negative treatment of others: Others in the same protected class are also mistreated based on their race;
- Failure to follow policy: There is a progressive discipline or workplace investigation policy that the company ignores.
By looking at all of the surrounding circumstances of your termination, you may be able establish your claim of race discrimination. If you believe you are being subjected to discrimination, retaliation, or other wrongful treatment in the workplace, contact our Nashville-based employment lawyers right away.Do Not Wait – Call Today
When an employment law violation occurs, there are often many options available to address the issue. A knowledgeable discrimination lawyer servicing Rutherford County can help you understand all legal and non-legal options to figure out the best action plan for moving forward.
If you have suffered from discriminatory behavior at work, contact our firm online or at the number above.