Examples of Racial Disparate Treatment in the Workplace
Harsher Discipline
Employees of one race receive more severe punishment than others for the same infractions. For example:
- A Hispanic employee and a white employee arrive late once. The Hispanic employee is suspended without pay, while the white employee faces no discipline.
- An employer enforces its own discipline policy more severely against one race than another.
Unjustified Termination
An employer fires an employee of one race for a violation while letting employees of a different race stay employed:
- A Black and a white employee both break a warehouse pallet of equal value. The Black employee is fired, while the white employee only gets a warning.
Unequal Pay
Employers pay employees of one race less for the same work and qualifications. For instance:
- Hispanic employees are paid less than white coworkers for the same job.
- A more experienced Black employee is paid less than a less-qualified white coworker.
Failure to Promote
A qualified employee of one race is repeatedly passed over for a promotion in favor of a less-qualified employee outside of their protected class.
If any of these happened to you, we’re here to hold your employer accountable and fight for justice.
Laws Protecting Workers from Racial Discrimination in Florida
Federal and state laws make racial discrimination illegal, which means you are able to pursue a claim to recover damages in Florida. These laws include:
How to Prove a Disparate Treatment Racial Discrimination Claim
To prove racial discrimination, you must show:
- You belong to a protected class.
- You suffered an adverse employment action (e.g., a termination, suspended without pay, or demotion).
- Your employer treated coworkers outside your protected class more favorably.
- You were qualified for the job.
What Evidence Can Prove Racial Discrimination in Florida?
Strong cases rely on evidence like:
- Employment records showing disparities in pay, discipline, promotions, or terminations.
- Comparisons of similarly situated employees who received more favorable treatment.
- Emails, text messages, or documents that suggest racial bias in decision-making.
- Performance reviews showing a history of positive work evaluations before being unfairly terminated or demoted.
- Witness testimony from coworkers or supervisors who observed discriminatory treatment.
At Kaplan Employment Law, our racial discrimination claim attorneys help you collect and present the strongest evidence to prove your case.
Steps to Take If You Experience Racial Discrimination at Work
1. Document Every Incident
Write down every discriminatory action, including dates, details, and how employees of other races were treated differently.
2. Collect Relevant Communications
Save texts, direct messages, emails, performance reviews, and other documents that support your claim of discrimination.
3. File an Internal Complaint
Follow your company’s complaint procedure and explicitly use the phrase ‘racial discrimination’ in your report and say that you are willing to cooperate fully.
4. Speak with a Racial Discrimination Attorney
An experienced Weston employment lawyer can help you navigate the legal process and fight for your rights. Kaplan Employment Law is here to fight for your rights and ensure your employer is held accountable.
What Compensation Can You Recover in a Racial Discrimination Case?
Victims of racial discrimination have the right to seek justice and recover compensation for the harm they’ve suffered.
Back Pay and Lost Wages
If you were fired due to racial discrimination, you can recover:
- Back pay (lost wages from the date of termination).
- Future lost earnings if your career was impacted.
- You must mitigate damages by applying for new jobs.
Emotional Distress
If you’ve suffered mental health effects from discrimination and sought medical treatment, you may be entitled to compensation for emotional harm.
Punitive Damages
In extreme cases, courts may award punitive damages to penalize the employer for egregious discrimination.
Attorney’s Fees
If your case goes to trial and you win, the employer may be ordered to cover your legal fees.
