If HR is aware of racial discrimination and tries to shut down your complaint, you may have grounds for filing a claim of racial discrimination with the appropriate state or federal body. Human Resources (HR) departments are expected to help protect employees from being treated unfairly, including racial discrimination. However, if your HR department tries to dismiss or discourage you from making a claim, it is important to recognize your rights and what action you should take next. Understanding how to identify racial discrimination and the tactics HR may use to silence your complaint can help you build a strong case against such unfair practices.
What is Racial Discrimination?
Racial discrimination in the workplace is when an employee is treated unfavorably because of their race or their personal characteristics linked with race, like hair texture, color of skin, or facial features. This can emerge in many ways, such as hiring decisions, the offering of promotions, job assignments, pay level, and termination. It is important to be aware of the signs of racial discrimination so that you can protect your rights and take the right action.
How to Identify Racial Discrimination in the Workplace
Identifying racial discrimination is not always easy, but there are certain behaviors and patterns that may indicate its presence. These include:
- Unequal treatment by consistent negative treatment compared to work colleagues of other different races.
- Racial slurs, derogatory comments or jokes made by supervisors or co-workers.
- Company policies that affect disproportionately employees of a certain race.
- Retaliation and other negative consequences faced by an employee after reporting racial discrimination.
Ways HR Might Try to Shut Down Your Claim
HR departments could use various tactics to try to stop you from pursuing your racial discrimination claim. Understanding the following tactics could help you recognize when HR is not acting in your best interest.
- Downplaying the severity of incidents as minor or just misunderstandings and not discrimination.
- Proposing to handle the issue internally without involving external authorities or legal counsel.
- Asking you to sign a confidentiality agreement that would stop you from discussing the discrimination outside the company.
- Using gaslighting, i.e. by making you doubt your experiences by suggesting that you are overreacting or misinterpreting these acts of racial discrimination.
- Advising you against seeking legal assistance by claiming it will complicate the matter or damage your career prospects.
Build Your Case
To counter HR's attempts to shut down your claim, it is necessary to build a strong case with a lot of evidence.
Gathering Evidence
- Keep detailed records of all acts of discrimination, such as dates, times, locations, and names of those involved.
- Collect witness statements from coworkers who witnessed the discrimination.
- Make a note of any obvious discrepancies in performance evaluations that indicate bias or unfair treatment.
- Keep a record of events when you were treated differently than colleagues of other races in similar circumstances.
To establish that HR is aware of the discrimination but not taking any action you should make sure you have the following:
- all written complaints made to HR;
- any emails or written responses about your complaint;
- records of any meetings with HR, including who was present and what was discussed.
Seek Legal Representation
By meticulously documenting your experiences and HR's responses, you can build a strong case that not only reveals the presence of racial discrimination but also HR's failure to address it appropriately. Consulting with a racial discrimination attorney can add strength to your case and help you navigate the complexities of an employment discrimination claim.
Fill out the Free Case Evaluation to get connected with an independent attorney who subscribes to the website and may be able to help you with your case.
