According to Survey on Racism, Discrimination and Health: Experiences and Impacts Across Racial and Ethnic Groups, a 2023 national study, these are the percentages of people who reported that they have experienced discrimination within the past year:
- White People = 38%
- Black People = 54%
- Latino People = 50%
- Asian People = 42%
Yet, believing that you were discriminated and proving it are two totally different things.
The key to proving discrimination is that you can demonstrate an adverse employment action with respect to available of a job, or a term, condition, or privilege of employment, that occured BECAUSE of your race.
The fact that you are black and something bad happens to you at work is not discrimination. However, the fact that something bad happens to you at work BECAUSE you are black is discrimination.
The best way to prove that the adverse action occurred BECAUSE of your race is by having:
- A comparator of a different race, in the same position, with the same essential job functions, who did not have the same adverse employment action or compensation;
- Experienced a hostile environment in terms of discriminatory speech that was documented or witnesses - saying something to you that was offensive and tied to your race, like the N-Word;
- Received false reasons for the actions taken - you can prove they are pretextual; or
- Actions taken that expressly violate a company policy or procedure.
If you believe you may have been a victim of workplace discrimination, the first step is understanding whether your experience meets the legal test. Use our Discrimination Case Checklist to see how your situation measures up, and then contact Lieb at Law to discuss your rights and options. Our team is here to help you determine if you have a case and fight for the justice you deserve.
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