Facing Race Discrimination on the Job? Learn How to Protect Yourself
Kentucky and Ohio Employers cannot discriminate against employees or applicants because of their race. Even if you are an at-will employee, you have rights. Kentucky, Ohio, and Federal law prohibits employment discrimination because of race.
Race discrimination happens when an employee is treated unfairly because of their race, color, or ethnic background. It can appear in hiring, discipline, promotions, job assignments, workplace comments, or differences in expectations and opportunities. Many workers in Kentucky and Ohio face situations where they feel judged or singled out for reasons that have nothing to do with their skills or performance. We understand that this creates stress and uncertainty and makes it difficult to feel supported at work. Every employee deserves fair treatment, equal opportunities, and a workplace that respects their identity and contributions. When race discrimination occurs, it is important to know that protections are in place and guidance is available.
Kentucky and Ohio Employers Cannot Discriminate
Against Employees Because of their race!
What to Do if You Suspect Race Discrimination?
If you believe you are facing race discrimination at work, take steps that protect both your rights and your well being. Start by documenting what happened. Write down dates, times, comments, decisions, and any changes in how you were treated. Save emails, texts, schedules, and any written policies that relate to your job. This information helps create a clear record.
Next, consider reporting the issue through your company’s internal process if you feel safe doing so. Many workplaces have human resources departments or reporting systems for discrimination concerns. Keep copies of anything you submit.
If the situation continues or you do not feel supported, speak with an experienced employment attorney who understands Kentucky and Ohio law. A lawyer can explain your rights, review your documentation, and guide you through your options. You do not need to handle this alone. Support is available, and there are clear steps that can help you move forward.
Title VII of the Civil Rights Act of 1964 (Title VII)
Title VII prohibits employment discrimination based on race and color. Title VII also protects employees and applicants from harassment because of an employee’s race, color, national origin, religion, sex, and retaliation.
“It shall be an unlawful employment practice for an employer. . .to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin”
42 U.S. Code § 2000e–2
Most private employers that employ at least 15 employees working at least 20 weeks a year and public employers must follow the requirements of Title VII. Unfortunately, Title VII’s protections do not apply to independent contractors (are you an independent contractor?).
Employers (the company) can be held accountable for discrimination, retaliation, and harassment under Title VII. However, courts will not typically hold managers, officers, supervisors personally liable under Title VII. Employers can even be liable when customers harass employees under a Third-Party Harassment Theory.
Title VII prevents employers from making adverse employment decisions because of an employee’s race, color, national origin, religion. Examples of adverse employment decisions are:
- Terminating an employee
- Forcing the employee to quit (known as Constructive Discharge)
- Demoting an employee
- Failing to promote an employee
- Refusing to hire an employee
If an employee suffered an adverse employment decision because of an employee’s race, color, national origin, religion they can bring a claim under Title VII.
To make a claim under Title VII, the process begins with an Equal Employment Opportunity Commission “EEOC” charge before a lawsuit cannot be filed until the employee files this charge with the EEOC. During the EEOC process, there is an opportunity to resolve and settle the claims. If a resolution cannot be reached, the EEOC process ends with a right-to-sue letter. After the employee receives the right to sue letter, they have 90 days to file a lawsuit. It is very important to speak with an experienced employment lawyer before you file an EEOC charge of discrimination.
Section 1981 of the Civil Rights Act of 1866 (Section 1981):
“All persons . . . shall have the same right . . . to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens[.]”
42 U.S.C.A. § 1981
Section 1981 is a federal civil rights law that protects individuals from race discrimination in the making and enforcing of contracts. In the workplace, this means employers may not treat employees or job applicants differently because of race when it comes to hiring, firing, promotions, pay, assignments, or any other part of the employment relationship.
Section 1981 also protects employees from retaliation if they speak up about race discrimination. Unlike some other discrimination laws, Section 1981 applies to employers of any size, and it allows employees to seek strong legal remedies when their rights are violated.
Section 1981 does not apply to discrimination by Local, State, or Federal Government. Section 1981 does not require an individual to file an EEOC charge before filing a lawsuit.
Kentucky Civil Rights Act: KRS §§ 344.010 to 344.990
The Kentucky Civil Rights Act (KCRA)prohibits employment discrimination based on race and color.
The KCRA applies to employers employing at least 8 (15 for disability and pregnancy) employees that work at least 20 weeks a year. Generally, individual supervisors cannot be held personally liable in their individual capacities for violations of the KCRA. (Conner v. Patton, 133 S.W.3d 491, 493 (Ky. Ct. App. 2004).
Unlike Title VII, employees are not required to file a charge a charge of discrimination with the Kentucky Commission on Human Rights before they file a lawsuit.
Ohio Civil Rights Act: R.C §§ 4112.01
Ohio law prohibits employment discrimination based on race and color.
The Ohio Civil Rights Act (OCRA) covers any Ohio employer with four or more employees within the state (R.C. 4112.01(A)(2)).
Supervisors of private employers can be held individually liable for violations of the OCRA (Genaro v. Central Transp., Inc., 703 N.E.2d 782, 785 (Ohio 1999)). However, the Supreme Court of Ohio has held that this individual liability does not extend to supervisors or managers of public employers or political subdivisions (Hauser v. Dayton Police Dep’t, 17 N.E.3d 554, 556-57 (Ohio2014)).
Employees are not required to file a charge with the Ohio Civil Rights Commission before they file a lawsuit.
Proving Employment Discrimination:
Most of the time, there is no “smoking gun” evidence of employment discrimination. Courts in Kentucky and Ohio allow for circumstantial evidence of discrimination. Courts use the McDonnell Douglas Corp v. Green “burden-shifting analyze” to determine if an employer discriminated against an employee. The Burden Shifting Analysis looks at other employees (not in a protected class) to see if they were treated better than the discriminated against the employee.
If your employer discriminated against you, act now.
Contact Our Employment Attorneys For A Case Evaluation
It is that simple. You need to act. At Thompson Legal, our Kentucky and Ohio employment law attorneys have experience achieving justice for those employees who have been wronged. We have experience taking on large and small companies to achieve justice for employees who were wronged. Call or text us today at 502-366-2121 for a case evaluation if you have any Kentucky or Ohio employment issues.