What is the ground for racial discrimination in the workplace?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What is the ground for racial discrimination in the workplace?

I am a 20 year old white male. I was arrested for a DV about 1 1/2 years ago. I spent 1 night in jail and was subsequently suspended from my retail job for 5 months and 5 days because of this. I missed only that one night in jail. A black American male a few years older than me was arrested for the same crime and spent 2 nights in jail. He was inquired for by the police at work and, as far as I know, arrested there as well. He received no suspension.

Asked on June 19, 2012 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Racial discrimination is not merely that, say, a caucasion and an African American are treated differently; it's that there is no other reasonable explanation for the differential treatment other than race. If the the other employee has a different position, more seniority (worked there longer), different or better experience/education, or even just is a personal friend of management, that could explain the different treatment; or if you  had had conflicts with supervisors or co-workers, or other disciplinary issues at work, that could also explain the difference. If there is no other explanation, and particularly if the management is non-caucasion, then it may be racial discrimination and you may wish to speak with an empoyment law attorney to discuss the matter in more depth.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption