Race Discrimination

Race Discrimination in Employment is Unlawful

Federal and Colorado law prohibit race discrimination in employment.

Murray Law welcomes the opportunity to provide experienced counsel and representation to persons subjected to race discrimination in employment. Steven Murray has successfully represented individuals subjected to race discrimination and employment discrimination in lawsuits before United States District Courts.

Race Discrimination Law

Title VII of the Civil Rights Act of 1964, as amended, is a federal law prohibiting race discrimination in employment. Title VII applies to employers with 15 or more employees.

The Colorado Anti-Discrimination Act [CADA], a Colorado law, prohibits race discrimination in employment. The CADA applies to employers with one or more employees.

Section 1981 of the Civil Rights Act of 1866, as amended by the Civil Rights Act of 1991, prohibits race discrimination in employment-prohibiting race discrimination in the enjoyment of all benefits, privileges, terms, and conditions of employment.

A Section 1981 claim has advantages in comparison to a claim under Title VII or CADA. Section 1981, unlike Title VII and CADA, including but not limited to: (1) does not require a claimant to file an administrative claim with the EEOC or state government, i.e. the Colorado Civil Rights Division [CCRD], before filing a lawsuit; (2) does not require the employer to have a minimum number of employees to be sued for race discrimination; and (3) does not contain any limitation on the amount of an award of compensatory or punitive damages.

Race discrimination includes adverse employment actions taken because of race, including but not limited to:

  • Failure or Refusal to Hire.
  • Discharge.
  • Discipline.
  • Actions impacting the terms, conditions or privileges of employment.
  • Posting and advertising of employment positions, recruiting process, interviewing, or selection process.
  • Employer decisions re: Compensation, wages, or benefits.
  • Promotion, demotion, or job assignments.
  • Limiting, segregating, or classifying employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his or her status because of such individual’s race.
  • Denying a person employment opportunities because of race, based on a person’s associations and relationships with other persons.
  • Denying a person employment opportunities because of racial stereotypes.
Retaliation

Title VII and the CADA prohibit employers from discriminating against an individual, through retaliation, because the individual opposed any practice unlawful under the law, i.e. opposing race discrimination in employment, or the individual made a charge, assisted, testified or participated in any investigation, litigation, or proceeding under the law.

Legal protection against retaliation is broad-covering a wide range of conduct. For example, an employer cannot take an adverse action against an individual because the individual made an informal complaint of race discrimination to his or her supervisor, or because the individual participated in an investigation, conducted by the employer or government agency, of race discrimination in the workplace.

Harassment/Hostile Work Environment

An employer may not subject an employee to harassment or a hostile work environment because of race.

Administrative Proceedings

A person seeking relief for race discrimination under Title VII or the CADA must file an administrative charge before filing a civil action in court. A charge of race discrimination must be filed with the U.S. Equal Employment Opportunity Commission [EEOC] within 300 days of the discriminatory action. The aggrieved individual may also file a charge with the Colorado Civil Rights Division within 180 days of the last discriminatory action. The filing of discrimination charge with either agency is deemed jointly filed with both agencies.

An individual asserting a race discrimination claim under Section 1981 is not required to file an administrative claim with the EEOC or CCRD before filing a lawsuit to enforce the claim.

Conclusion

Murray Law welcomes the opportunity to provide dedicated legal counsel and representation to any person who believes that he or she has been deprived of the vital legal right to be free from race discrimination in employment. Please contact Steven Murray at 720-600-6642.

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