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How To Prove Racial Discrimination at Work

Although open racism in the workplace is becoming increasingly rare, many job applicants and employees still suffer discrimination based on race. Biased hiring processes, racially selective promotions, and covert racism occur in organizations of all sizes. Sometimes employers are aware of racist practices and try to cover them up. And sometimes workplace racism is so ingrained that employers aren’t even aware of it. It can be hard to prove you experienced racial discrimination at work since employers come up with various excuses to avoid accusations of racism. A skilled racial discrimination attorney in Kansas City can help you document workplace racism and fight for justice. 

Different Types of Racial Discrimination

In addition to federal laws against workplace discrimination, Kansas has robust state laws protecting employees from racism. These include the private sector and regulations prohibiting discrimination in State employment Despite this, workplace racism can be extremely pervasive. Every year, employees encounter racial discrimination at work, which can appear as:
  • Open or covert racial slurs, offensive jokes, race-based insults, or hostility in the workplace against members of certain minority groups
  • Covertly applying separate performance standards to minority and non-minority employees
  • Firing a minority employee for doing (or failing to do) something that wouldn’t have ended in termination for a non-minority worker in the organization
  • Refusing to hire or promote a minority employee despite them having all the necessary qualifications 
  • Company policies that appear neutral but disparately impact members of a specific racial group

Proving You Experienced Workplace Racism

When you claim you suffered workplace racism, the burden of proof is on you. The available evidence is usually indirect, and you can be sure the employer will dispute it. For instance, let’s say you applied for a promotion within your organization, for which you qualified based on an individual assessment of your skills and experience. Your employer denied you the promotion and chose someone from a non-minority group for the position. Depending on your case, this could serve as “prima facie” (“on its face”) evidence of workplace racism. If the employer denies their decision had anything to do with racism, you’ll need additional proof. For instance, you could show that your qualifications made you a better fit for the position than the person who was promoted. You could also point out discrimination patterns within the organization, like a consistent lack of people from your racial group in senior positions. 

Do You Need a Racial Discrimination Lawyer?

Proving race-based workplace discrimination can be complicated. You’ll have a much better chance of success working with an attorney well-versed in racial discrimination laws.  An experienced attorney can tell you whether you have a case, help you source evidence, and explain your options for seeking legal recourse. A racial discrimination lawyer can also ensure you fulfil all requirements when you file a complaint with the Equal Employment Opportunity Commission.

Contact Dugan Schlozman If You Believe You Suffered Racial Discrimination in the Workplace

Did you suffer racial discrimination at work? Contact us at Dugan Schlozman, Attorneys at Law. Our experienced lawyers know how to handle all types of employment litigation, from racism in the workplace to overtime payment claims.  Call 913-374-6351 or fill out our online form to schedule a consultation.

Our Location

Dugan Schlozman LLC
8826 Santa Fe Drive, Suite 307
Overland Park, KS 66212

6320 Brookside Plaza, #243
Kansas City, MO 64113

Phone: 913.374.6351
Fax: 913.904.0213

Mark Dugan: [email protected]
Heather Schlozman: [email protected]