Race discrimination in the workplace occurs whenever an employer considers an employee or job applicant’s race, color, or national origin in:

• hiring;

• terminations;

• transfers;

• demotions; or

• referrals.

Common examples of workplace race discrimination include not hiring candidates of a certain race, not promoting candidates of a certain race, or use of profane, offensive, or derogatory terms in the workplace. In a real-world example, the U.S. Equal Employment Opportunity Commission (EEOC) (which works to fight racism in the workplace) has brought cases against employers where African American employees were referred to with terms such as “n****r,” “monkey,” and “boy.” Race harassment or race discrimination often involves mocking employees’ accents and using derogatory slurs.

At the Employment Law Center of Maryland, we frequently see workplace race discrimination coupled with workplace sexual harassment, including supervisors who touch and/or make sexually suggestive comments to employees of a certain race.

If you are a victim of race discrimination at work, contact a skilled Maryland race discrimination lawyer today for a confidential lawyer consultation.

There are actually two federal laws covering workplace race discrimination in Maryland: Title VII of the Civil Rights Act of 1964 (Title VII) and Section 1981 of the Civil Rights Act of 1866 (Section 1981).

Title VII prohibits Maryland employers from considering race in:

• hiring

• terminations

• transfers

• demotions

• negative referrals

Like Title VII, Section 1981 prohibits race discrimination at work, but has some important differences:

• Section 1981 only applies to workplace race discrimination (not discrimination based on age, sex, etc.)

• Section 1981 prohibits race discrimination in workplaces of any size (whereas Title VII only applies to employers with at least 15 employees)

• Section 1981 does not have a statute of limitations for workplace race discrimination; however, Maryland’s two-year statute of limitations does apply to Section 1981 claims

• There is no limit on punitive damages you can be awarded under Section 1981

At the Employment Law Center of Maryland, we pusue workplace race discrimination cases under both Title VII and Section 1981 in U.S. Federal District Court for the District of Maryland. Contact us today to speak with a Maryland race discrimination lawyer.

Both employees and job applicants are protected under workplace race discrimination laws.

However, workplace race discrimination laws don’t necessarily apply to every employer. For example, Title VII’s prohibitions on race discrimination at work don’t apply to employers with less than 15 employees. Like Title VII, Maryland’s Md. Code, State Gov’t § 20-606 (Title 20) does not apply to employers with less than 15 employees.

Especially if you work for a smaller Maryland employer, you should speak with a Maryland race discrimination lawyer to determine which law(s) may apply.

Title VII protects against workplace race discrimination by giving certain employees the right to pursue legal claims against their employer in either administrative or federal courts.

Title VII’s protections against racism in the workplace are broader than you might think, and cover things like:

• marriage with a member of a particular race;

• use of a spouse or partner’s name that is associated with a particular race;

• membership in schools, churches, temples, or mosques generally used by persons of a particular race or national origin; and

• membership in an organization which promotes the interests of certain races or national groups.

At the Employment Law Center of Maryland, we pursue Title VII workplace race discrimination cases in U.S. District Court for the District of Maryland. Contact us today to speak with a Maryland race discrimination lawyer—for free.

Intentional race discrimination at work is generally known as a “disparate treatment” claim.

The particulars of a disparate treatment (i.e., intentional race discrimination) claim are that:

1. the employer treated the applicant or employee differently than other applicants or employees not within that individual’s protected class; and

2. the employer’s differential treatment was intentional.

When you bring a disparate treatment claim under Title VII, you’re alleging that your employer treated you differently than others because of your race, color, or national origin. Most importantly, if you’re alleging intentional race discrimination, you need to be able to show intent—that your employer meant to discriminate against you.

If you’re a victim of intentional race discrimination at work, we’re here to help. Contact us today to speak with a Maryland race discrimination lawyer.

Yes, you can be discriminated against by someone of the same race as you.

Title VII makes it unlawful for an employer to “discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race…” A person is discriminated against when he or she is singled out and treated less favorably than others similarly situated on account of race.

In other words—the discriminator’s race doesn’t matter, it’s your race that matters. And if a condition of your employment has been changed due in part to your race, that constitutes workplace race discrimimination.

If you’re facing racism in the workplace, contact us today for a free, confidential consultation with a Maryland race discrimination lawyer.

Racial jokes or slurs in the workplace are not themselves against the law; however, if their use in the workplace is either “severe” or “pervasive,” they could constitute a hostile work environment, which is against the law.

Workplace racial harassment becomes unlawful where (1) enduring the offensive conduct becomes a condition of continued employment, or (2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a race discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under a workplace race discriminaton laws; or opposing employment practices that they reasonably believe discriminate against individuals in violation of these laws.

Petty slights, annoyances, and isolated incidents (unless they are extremely serious) will not generally rise to the level of being illegal. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to a reasonable person or worker. For example, a single innapropriate joke or remark is generally not serious enough to be unlawful; however, repeated jokes or remarks could satisfy the “pervasive” requirement, making them unlawful.

It can be difficult to determine whether racial jokes or slurs are simply rude, improper, or against the law. At the Employment Law Center of Maryland, we analyze racism in the workplace cases closely to determine whether any laws have been broken. Contact us today for a free, confidential consultation with a Maryland race discrimination lawyer.

While it’s not a term we generally use at the Employment Law Center of Maryland (discrimination is discrimination), reverse discrimination is a term for discrimination against members of a dominant or majority group, in favor of members of a minority or historically disadvantaged group. In other words, a”reverse” workplace race discrimination claim is one brought by a non-minority employee.

Title VII, along with Maryland’s Title 20, make workplace race discrimination illegal regardless of what race is being discriminated against. If you’re facing race discrimination in Maryland, reverse or otherwise, contact us today for a free, confidential consultation with a Maryland discrimination lawyer.

A job application can ask you to identify your race, but only for lawful purposes. In other words, it’s how the employer uses that information that matters.

For example, some Maryland employers may ask questions about race to collect data for the government showing they are attempting to interview and hire diverse candidates. However, asking about race is always risky for an employer, and employers should ensure that recruiters aren’t able to see information about race.

If you are concerned that an employer has used your job application to discriminate against you because of your race, contact us today for a free, confidential consultation with a Maryland race discrimination lawyer.

Generally, you do not need direct evidence of workplace race discrimination.

More often than not, an employee will not have direct evidence of an employer’s discriminatory intent, and instead has to rely on circumstantial evidence to prove thier case. Circumstantial evidence is evidence that, by itself, does not directly prove a fact of consequence, but allows the judge or jury to infer the existence of the fact. For example, a Hispanic applicant suing an employer for race discrimination could produce circumstantial evidence in the form of records showing that the company has never hired Hispanic applicant for the position the applicant sought, despite having had several qualified Hispanic applicants over the years.

At the Employment Law Center of Maryland, we use the civil discovery process (e.g., subpoenas, depositions) to obtain both direct and circumstantial evidence of workplace race discrimination. race, Contact us today for a free, confidential consultation with a Maryland race discrimination lawyer.

You can file a complaint of racial discrimination at work with either the U.S. Equal Employment Opportunity Commission (EEOC) or the Maryland Commission on Civil Rights (MCCR).

You’ll need to file your complaint of race discrimination with the MCCR within six months of the discrimination (this doesn’t apply to complaints of workplace race harassment, which must be filed within two years of the alleged harassment). Upon filing, the MCCR will start an investigation into your complaint. If there is direct or circumstantial evidence that you are a victim of discrimination and/or harassment at work, the EEOC or MCCR will attempt to settle the matter through conciliation. If the parties cannot reach an agreement to settle the case, the case may be scheduled for hearing before an administrative law judge, where an agency attorney will prosecute your case against the employer. If the investigation cannot show that there was discrimination or harassment, the complaint will be dismissed.

Whether or not the EEOC or MCCR finds that you were discriminated against, you have the right to file a race discrimination lawsuit in either federal or Maryland state court. At the Employment Law Center of Maryland, we file race discrimination lawsuits in every Maryland federal, state, and administrative court. Contact us today for a free, confidential consultation with a Maryland race discrimination lawyer.