Race / Color Discrimination
Two separate federal laws make it illegal for an employer to discriminate against an employee or job applicant because of race or color. Those laws are Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981. Title VII forbids an employer with 15 or more employees from discriminating against a person because of his/her race or color. Section 1981 forbids any employer, regardless of the number of employees, from discriminating against a person because of his/her race or color. Discriminatory acts forbidden by these two laws include: an employer deciding to fire, lay off, suspend, demote or refuse to promote or hire an employee or job applicant, or providing lesser terms or conditions of employment (including wages or benefits) to an employee or job applicant, where the decision is motivated in whole or in part by the race or color of the employee or applicant.
A race discrimination claim brought under Title VII must be asserted against the employer within 180 days of the unlawful employment action and must first be filed with the Equal Employment Opportunity Commission (EEOC) or, if the claim pertains to an employer located in the State of Tennessee, the Tennessee Human Rights Commission (THRC).
Race discrimination claims brought under Section 1981 have a longer statute of limitations. For most Section 1981 claims, the lawsuit must be filed within four years of the unlawful employment action. (There is a shorter filing period for some Section 1981 claims, for example, failure to hire claims and certain failure to promote claims; the exact timeframe for these claims varies depending on the state within which the employer is located.) Notably, there is no requirement that the employee submit his claim to the EEOC before filing a Section 1981 lawsuit. Also, unlike Title VII, a Section 1981 claim is not subject to statutory limitations on the amount of money damages that the aggrieved employee can recover. Constitutional rules, however, may still limit the employee’s recovery.
A worker employed by a Tennessee employer is also protected from race or color discrimination by the Tennessee Human Rights Act (THRA). If a worker makes a claim under the THRA, he/she must file a complaint with the Tennessee Human Rights Commission within 180 days after the discriminatory event or file a lawsuit under THRA within one year of the event.
- Age Discrimination
- Americans with Disability Act (ADA)
- Civil Servants – dismissal from employment without cause
- Employment Contracts
- ERISA / Employee Benefits
- Fair Labor Standards Act (FLSA) claims – overtime; wage and hour
- Family Medical Leave Act (FMLA)
- Harassment Based on an Employee’s Race, Color or National Origin
- Malicious Interference with Employment Relationship
- National Origin / Ethnicity Discrimination
- Non-Compete and Non-Solicitation Issues
- Polygraph Disputes with Employers
- Pregnancy Discrimination
- Race/Color Discrimination
- Religious Discrimination
- Retaliatory Discharge and Other Forms of Retaliation Against Employees
- Separation Agreements / Severance Packages
- Sex/Gender Discrimination
- Sexual Harassment
- Tennessee Human Rights Act
- Uniformed Services Employment and Reemployment Rights Act (USERRA) – military leave claims
- Whistleblower / Illegal Activity Claims
- Workers' Compensation Retaliation Claims
If you or someone you know in the North Mississippi/West Tennessee area is in need of representation or legal advice from an experienced employment lawyer, contact the attorneys of Stroud & Harper, P.C., by making a toll-free call to (866) 359-4878. Or, if you prefer, complete the Free Online Case Evaluation form, which you can find on the Areas of Practice page.