If you believe you’ve been a victim of racial discrimination in the workplace, contact Higgins Law Firm, PLLC at (515) 619-9148 for a confidential consultation. In the meantime, we’ve provided the answers to some frequently asked questions below:
While unfair things may happen in the workplace, it doesn’t necessarily mean they were acts of discrimination. Because of this, many people aren’t sure if they have a valid racial discrimination claim at first.
Here are some hypothetical situations that depict racial discrimination.
However, these are just a few examples of racial discrimination. Every case is unique, which is why it’s best to consult with a racial discrimination attorney first. An experienced attorney can evaluate your case and determine if you may have a valid claim for racial discrimination.
Yes. The law states that discrimination on the basis of race or color is illegal, so it doesn’t matter whether you’re white or a racial minority. White employers can still file a claim for racial discrimination in the workplace, as long as they have a valid claim.
Yes, it can be. “Colorism” still counts as discrimination, even if you and the other party are both the same race. Even if colorism isn’t involved, racial discrimination may still occur if both parties are the same race.
Yes, as long as you have a valid claim. Employees and job applicants who are bi-racial or multi-racial are still protected under state and federal laws for racial discrimination.
There are no laws that prevent employers from asking employees or potential employees about their race.
However, race-related questions may indicate an intent to discriminate (excluding situations when employers are complying with Equal Employment Opportunity laws that require reporting an employee’s race).
If you suspect you were the victim of racial discrimination during a job interview, it’s best to consult with an experienced attorney who can evaluate your claim.
Yes. A race discrimination complaint originated out of the State of Iowa needs to be filed with the Iowa Civil Rights Commission (ICRC) or the Equal Employment Opportunity Commission (EEOC)before you are allowed to file a lawsuit in court. You can request a “right-to-sue letter” from the ICRC after your complaint has been on file for 60 days.
You only have 300 days from the date that you first found out about a discriminatory incident to file with the Iowa Civil Rights Commission. Your case will also be filed with the EEOC when federal laws apply, and the EEOC also has a time limit of 300 days from the date of the discriminatory incident.
There is no fee required.
While it’s understandable that some employees might want to file a claim anonymously, it’s not possible. But don’t let this stop you from filing. If you believe you have a valid claim for racial discrimination, you deserve to get the compensation you’re entitled to.
When filing a claim with the EEOC or Iowa Civil Rights Commission, your employer will be notified shortly after the claim is filed. And when you file a lawsuit in court, your employer will need to be served with the complaint. So, in either case, your employer will be notified about who filed the claim.
Because of this, you should hire a racial discrimination attorney to handle your claim. Having a knowledgeable attorney representing you makes going up against an employer much less intimidating, especially if it’s a large corporation. An attorney can also fight on your behalf and negotiate the highest settlement possible.
Legally, no. It is illegal for an employer to harass you in any way, retaliate, or fire you simply because you reported discrimination. Even if the Commission or the court finds that there was no racial discrimination, you are still legally protected.
If you recently filed a claim for racial discrimination and were fired, you may be entitled to compensation.
After filing a complaint about racial discrimination with the Iowa Civil Rights Commission, you can expect:
Administrative Rules provide that right-to-sue letters are not be issued in cases after findings of “no probable cause” have been made by Administrative Law Judges, conciliation agreements were reached between parties, notices of public hearing were served by the Commission, over two years have passed since a case was closed administratively, or a finding of “not timely filed” or “no jurisdiction” was made by Administrative Law Judges.