Racial Harassment – Hostile Work Environment
Murray Law welcomes the opportunity to provide experienced counsel and representation to individuals facing racial harassment.
Federal and Colorado law prohibits racial harassment in employment.
Racial harassment is unlawful race discrimination.
Employees working in any position or occupation, holding any authority in any sector or industry, are protected against racial harassment.
Private sector employees and federal, state, and local government employees have the right to be free from racial harassment.
Murray Law represents clients asserting race harassment claims in federal and state court lawsuits, filing discrimination charges with federal, state, and local government agencies, and arbitration and mediation proceedings.
Steven Murray has successfully represented employees asserting racial harassment claims in actions before multiple United States District Courts, including the United States District Court for the District of Colorado, and mediation proceedings.
Federal and Colorado Law
Racially offensive conduct includes slurs, insults, jokes, threats, other verbal comments, physical contact, or intimidation of a racial nature or racist symbols, such as displaying a noose in the workplace.
Title VII of the Civil Rights Act of 1964, as amended, is a federal law prohibiting racial discrimination in employment, including racial harassment.
Title VII applies to employers with 15 or more employees.
The Colorado Anti-Discrimination Act [CADA] prohibits race discrimination, including race harassment and a hostile work environment based on race.
Section 1981 of the Civil Rights Act of 1866, a federal law, prohibits race discrimination and racial harassment.
A Section 1981 claim has advantages over claims under Title VII or Colorado law. ADA. Section 1981, unlike Title VII, allows a person to file a lawsuit:
- (1) Against an individual, not just an employer.
- (2) Against an employer with any number of employees.
- (3) Without filing an administrative charge with the EEOC or state government agency.
- (4) Without the case governed by any “cap” or maximum amount of compensatory or punitive damages awarded.
Discrimination by Customers & Workforce
Customer preference is never a justification for race harassment in employment.
The law prohibits employers from permitting racially hostile work environments based on the bias and prejudice of co-workers, customers, clients, or patients.
Elements: Harassment-Hostile Work Environment Claim
The specific elements of a racial harassment or hostile environment claim depend on the facts. This claim includes these general elements:
- The conduct was unwelcome.
- The conduct was offensive.
- The conduct was racial or directed against a person because of the person’s race.
- The conduct was sufficiently severe or pervasive to alter a term, condition, or privilege of employment by creating an abusive working environment.
- The complainant perceived the environment to be abusive or hostile.
- A reasonable person in the complainant’s circumstances would consider the working environment to be abusive or hostile.
Murray Law welcomes the opportunity to provide dedicated legal counsel and representation to any person facing racial harassment or a hostile work environment based on race. Please contact Steven Murray at 720-600-6642.
Find Out if You Have a Case
Fill out the contact form or call us at 720-600-6642 to schedule your free consultation.