It is also illegal for employers to create a hostile environment based on race and/or national origin.  Racial or ethnic slurs, jokes, insults, graffiti or other comments or conduct based on an employee’s race, color, or national origin constitute unlawful harassment.
 

Title VII of the Civil Rights Act of 1964: The Act prohibits discrimination on the basis of race, color and national origin.

Section 1981 of the Civil Rights Act of 1866: The Act prohibits race discrimination in employment.  § 1981 applies to discrimination against groups of any race, such as African Americans, Latinos, Asians, Arabs, and Caucasians.

While Title VII and Section 1981 overlap, there are some important differences.  An employment lawyer can explain how these laws apply to your situation.

Representative Cases

A large percentage of our cases involve race and national origin discrimination, harassment, and retaliation for complaining about discrimination.

Generally, privacy concerns and confidentiality provisions in settlement agreements prohibit us from identifying cases, named parties, and the existence and terms of settlement agreements.  What follows are a few examples of cases we have litigated and/or negotiated to a favorable resolution.

Failure to Promote:

U.S. Court of Appeals for the Seventh Circuit.  Action filed against the State of California Board of Equalization alleging national origin discrimination based on failure to promote.  At trial, the jury found that the employer failed to promote our client, an auditor, because of his national origin (Pakistani).  The appeals court upheld the jury verdict.  Appellate decision reported at 200 F.3d 1035 (7th Cir. 2000).

Action filed against a global communications corporation alleging race discrimination and retaliation.  Our client, a high performing Pakistani employee, alleged that the employer repeatedly passed over him for promotions in favor of his less qualified Caucasian and American-born peers and that after he complained of discrimination, the employer retaliated by giving him unwarranted write-ups, lowering his overall performance rating and attempting to solicit criticism about him from his co-workers.  No. 05 C 0838, U.S. District Court, Northern District of Illinois.

Employer, a large national retail store, had a pattern and practice of selecting Caucasian employees for managerial positions without first posting the positions, and hiring a few token minorities for less prestigious managerial positions (security and stock room).  Our clients, an African American and a Hispanic, were passed over for managerial positions despite their high performance ratings, in favor of less qualified Caucasians.

Race Discrimination and Retaliation:

Action filed against a nursing home facility alleging retaliation.  The employer accused our client of performance problems and terminated her after she complained of race discrimination.  No. 03 C 1186, U.S. District Court, Northern District of Illinois.

Action filed against a bank alleging discrimination and retaliation.  Our client, an African American assistant vice president, complained of race discrimination after she was passed over for a promotion.  After she complained, the employer took away her managerial responsibilities.  The court denied the employer’s motion for summary judgment on the retaliation claim.  No. 01 C 2290, U.S. District Court, Northern District of Illinois.

Action filed alleging race discrimination and retaliation.  Employer terminated our client immediately after she notified her employer of intent to file EEOC charge.  No. 00C 3023 U.S. District Court, Northern District of Illinois.

Different Terms and Conditions of Employment:

An automobile services employer subjected its African-American employees to different terms and conditions of employment by monitoring their attendance more closely, holding them to higher standards, and disciplining them more harshly.  A Caucasian manager made racially offensive jokes and comments.  After our client complained of race discrimination, the employer terminated her.

Hostile Environment:

A Caucasian manager subjected our client to a hostile environment by calling her “sista” after she repeatedly asked to be called by her given name; making comments and jokes about her race and skin color; and chiding her for not being knowledgeable about Kwanzaa.

If you have concerns about race or national origin discrimination, feel free to contact us.