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Race Discrimination in the workplace – Two ways to assert the claim.

Posted on : October 25, 2016
race discrimination in the workplace

Race Discrimination in the Workplace

Title VII Remedies

One way to pursue a race discrimination in the workplace claim is to seek remedies pursuant to Title VII. This is the federal law that prohibits several types of discrimination in the workplace, including discrimination based upon race. Title VII requires that an employee first file a charge of discrimination with the Equal Employment Opportunity Commission (“EEOC”).

It is important to recognize that Title VII places some strict deadlines on when a claim can be asserted. Generally speaking, Title VII requires that the charge of discrimination be filed within 180 days after the discriminatory act took place. In addition, once the EEOC issues a “right to sue” letter, the employee must commence a lawsuit within 90 days.

Section 1981 Remedies

Another way to pursue such a claim is pursuant to Section 1981. Although Section 1981 only applies to race discrimination, it provides a significantly longer deadline, meaning that although a race discrimination claim may be time-barred under Title VII, it may be possible to bring essentially the same claim under Section 1981.

In addition, it is not necessary to file a charge of discrimination with the EEOC before going to court on a Section 1981 claim.

It is also possible to file a lawsuit pursuant to both Title VII and Section 1981 but, again, the employee must first proceed through the EEOC on the Title VII claim before filing a lawsuit.

For more information on Title VII and Section 1981 Discrimination in the workplace laws, click Title VII and 42 U.S.C. Section 1981 to view an earlier blog post.

To speak with one of our Attorneys about your Discrimination Claim, call 601-202-1111 today.


Pepper & Odom Law Firm

571 Highway 51, Suite B. Ridgeland, MS 39157

601-202-1111

Original content by: Attorney Craig Panter of Panter Law Firm

 

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