Procedures to Follow When Racial Discrimination Has Occurred
Author: Anna Lee
Racial discrimination has been a growing topic of concern. It can happen at work, at school, or just walking down the street. By better understanding what racial discrimination is and how to act when you're experiencing it, you can be better prepared for getting a much-needed remedy for the situation. What Is Racial Discrimination?Racial discrimination is defined as treating someone unfavorably due to their race or personal characteristics regarding their race. These personal characteristics can include things like facial features, skin color, and hair texture. Racial discrimination even encompasses the unfavorable treatment of an individual who is married to or associated with a person of a specific race. In most cases, racial discrimination is thought of as happening at work. This isn't always the case. While work does make up a greater portion of the harassment complaints, it's not the only place discrimination happens. It can happen at school, at the store, or in another place. Regardless of where you're experiencing racial discrimination, you can file a complaint to have the offensive person legally dealt with. A good racial discrimination lawyer will be able to direct you to the right place to file your complaint regarding where the discrimination occurred.Discrimination At WorkAs West Coast Employment Lawyers will tell you, the law forbids any sort of discrimination when it comes to employment. This includes all individual aspects of employment such as hiring, pay, job tasks, firing, promotions, fringe benefits, training, and layoffs, to name just a few key areas. If you've experienced racial discrimination from a business, then you should ask an experienced employment attorney to assist you in filing a claim. Charge Of DiscriminationA charge of discrimination is a statement that you sign stating that your employer, labor organization, or union participated in employment discrimination. This complaint will be submitted to the U.S. Equal Employment Opportunity Commission, or EEOC for short. You'll need to file this charge of a discrimination complaint with the EEOC before you'll be capable of filing a job discrimination lawsuit against your employer. You can start your charge of discrimination online via the EEOC Public Portal. Once you submit your online inquiry, you'll be interviewed by a member of the EEOC. This is where you can discuss the specifics of the situation and work on formulating the best approach for addressing the problems that you experienced. It's important to note that a charge of discrimination must be filed within 60 days or fewer from the time the discrimination happened. Local FEPAsApart from filing with the EEOC your racial discrimination lawyer can assist you in filing with the local agencies who handle state laws regarding anti-discrimination in the workplace. These are known as FEPAs or Fair Employment Practices Agencies. Some of these agencies will file a complaint with the state of EEOC so you don't have to worry about filing a complaint at the federal level. Discrimination At SchoolEducational institutes are given the responsibility to protect their students and their rights to have a safe learning environment. When unlawful discrimination occurs, the Office of Civil Rights is there to enforce the federal civil rights that students have. Discrimination that happens at school falls under Title VI of the Civil Rights Act of 1964. If you've experienced a civil rights violation, you can file a complaint with the U.S. Civil Rights Division. This division works to enforce the civil rights laws throughout a variety of different contexts. In the Civil Rights Act of 1964, there is a section specifically devoted to discrimination regarding education. It's listed under the Educational Opportunities Section. This section protects discrimination based on race at public schools and higher learning institutions. An experienced employment attorney will also assist you in understanding your rights given to you by the Equal Educational Opportunities Act of 1974. This act essentially requires school districts and states to provide English Language Learner or ELL students with services to assist in overcoming their language barrier. Filing A ComplaintYour West Coast Employment Lawyers can assist you in filing a complaint with the U.S. Department Of Justice Civil Rights Division. You'll want to be careful to submit your complaint to the Educational Opportunities Section for quicker response times. These complaints don't need to be filed on any official form. Rather, they can be accepted by e-mail, phone, fax, or traditional letters. You'll just need to contact the Educational Opportunities Section of the U.S. Department Of Justice Civil Rights Division to submit your racial discrimination complaint. Once your complaint is submitted, the U.S. Department Of Education will investigate your complaint. There may be a possibility for out of court settlements if your civil rights have been violated. If a settlement is not reached, they will assist you in the litigation process for the federal courts. They'll also work with other federal and state agencies, including the Office For Civil Rights to ensure that educational institute works to meet their obligations in the future. Discrimination At Other PlacesAs you learned there are specific complaint submission requirements for people regarding racial discrimination in the workplace and at school. This is because these tend to be two of the most common places where racial discrimination is experienced. However, racial discrimination can happen anywhere. When it does, you have rights to file a complaint to get the situation remedied. If you've experienced discrimination in places other than work or school, you can contact your local FBI field office to file a complaint. These offices are available around the clock and have a Civil Rights Division to handle racial discrimination issues. You can stop by one of your local field offices or opt for submitting a written copy of your complaint to the Criminal Section of the FBI in Washington, DC. When submitting your complaint, it's best to include as many details about the situation as possible. If you have witnesses, be sure to notate their information and submit any photographs that could be helpful for their investigation.Remember Information Is KeyRegardless of how you're filing your racial discrimination complaint, it's important to realize that the more information you can include with your complaint the better. when you submit your complaint, the office will need to evaluate the entire situation that happened. Having witness contact information can go a big way in assisting the appropriate investigating agency in crafting a reproduction of events. If you experience racial discrimination, due yourself a favor and look around for others who can support your story. Whether it's a passerbyer on the street or another student in class that witnessed the discrimination go down, they can be a big help for your case. Also, realize that the investigation process can take some time. You should be prepared to emotionally undergo a long investigative process before you get to see justice. Remember that everyone is innocent until proven guilty in our country.When getting ready to submit a complaint, it's a great idea to talk with a local attorney. They have experience in racial discrimination suits and can easily guide you through the whole process. It will be extremely helpful to have someone with the right experience by your side as it will save you a bunch of time researching the legal realm regarding racial discrimination.