In a country founded on the ideals of freedom and justice for all and trademarked as a “melting pot” we should be constantly celebrating our diversity and individuality. Instead the history of our country has been marked by periods of great racial discrimination, inequality, and privilege. Over the years there have been laws instituted that disenfranchised American Indians, immigrants, and blacks. In a country with a history of segregation, near-elimination of a particular group, and standards of distinct racial categories, theories of race are still deeply embedded in our everyday lives.
At the law firm of Massey & Duffy, our lawyers take racial discrimination in the workplace seriously and will aggressively handle your case. Racial discrimination can take many forms, if you think you are being treated differently than a co-worker based on your color, race or national origin please contact us immediately. The employment lawyers at Massey & Duffy will vigorously pursue your claim against your employer. Our Gainesville employment attorneys have years of experience dealing with the most difficult workplace discrimination.
We handle a wide range of employment law matters
- Race discrimination (Title VII)
- Retaliation claims
- Gender discrimination and sexual harassment (Title VII)
- Disability discrimination (ADA)
- Age discrimination (ADEA)
- Family Medical Leave Act (FMLA)
- Occupational Safety and Health Act (OSHA)
- Other illegal and wrongful termination claims
Race-based employment discrimination takes many forms
In 1964 the Civil Rights Act was passed, making it illegal for an employer to discriminate based on race. This law also makes it illegal to discriminate because an employee is married to or spends time with people of a specific race. We have come a long way since 1964, but racist ideals are still ingrained in many Americans. At Massey & Duffy, PLLC we fight for the rights of people who have been the victims of racial discrimination, harassment based on race, and other prohibited acts in the workplace. These protected areas include:
- Pay rate
- Employer may adopt policies that appear neutral but in reality disproportionately affect members of a particular race
- Overlooked for promotion
- Restriction of long-term career opportunities
- Determine whether or not to hire an applicant based on race
- Breach of any term or condition of employment
Our experienced attorneys are dedicated to determining the appropriate course of action. We take the time to fully understand all aspects and locate all factors which contributed to your discrimination claim in order to determine which parties should be held liable. You have rights and deserve full compensation. Our legal team will conduct a thorough examination of the case in order to ensure that our clients’ rights are fully protected. Rest assured that our employment lawyers will listen carefully and review the unique circumstances of your case.
About Section 1981
Section 1981 has been interpreted to protect persons based on race, regardless of the amount of employees involved. That is one of the key differences, and advantages, Section 1981 has over Title VII and Fla. Stat. Sect. 760. Section 1981 proves as follows:
(a)Statement of equal rights
All persons within the jurisdiction of the United States shall have the same right in every State and Territory 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, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.
(b)“Make and enforce contracts” defined
For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.
(c)Protection against impairment
The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.
What is Retaliation
An employer cannot fire, demote, discipline or take adverse actions against any employee from complaining about the infringement of their or another employees’ rights to be free from discrimination. Federal and Florida laws prohibit an employer from retaliating against an employee that opposes an unlawful activity. Opposing a practice the employee reasonably believes is made unlawful by one of the employment discrimination statutes is protected activity. This includes protection from retaliation for filing a charge, testifying, assisting, or participating in any manner in an investigation, proceeding or hearing under the statute. If you feel you have been retaliated against, contact us today to schedule your free consultation with an experienced retaliation lawyer.
For more information on race please visit:
- American Anthropological Association: Race (https://www.understandingrace.org/home.html)
- S. Equal Employment Opportunity Commission Race/Color Discrimination (https://www.eeoc.gov/laws/types/race_color.cfm)
- United States Census Bureau (https://www.census.gov/topics/population/race.html)
Contact an experienced race discrimination lawyer
As part of our commitment to our clients, we always provide personalized and caring service. At the law firm of Massey & Duffy, we have a philosophy of respect and integrity coupled with an uncompromising pursuit of justice. These values are demonstrated every day in the way we practice law. Our clients can rest assured that we will represent them aggressively and with the compassion that they deserve. If you have a racial discrimination issue, please contact our Gainesville Florida lawyers today.