The past year has been a year of reckoning for America’s deep-rooted problem of systemic racism. With protests, activism, and positive policy actions being taken on all levels, it is hoped that racism and racial discrimination can be eroded completely. In the meanwhile, instances of race discrimination in employment are still widespread and continue exist. If you have been discriminated against at the workplace you should consult with an Oregon race discrimination attorney at Meyer Employment Law.
There are several laws in Oregon at both the federal and the state level that prohibit racial discrimination at the workplace in the scope of hiring, promotions, or termination. In this article, we will mention about some of these and the basic mechanisms that are in place for you to file claims against any such discrimination. However, before taking any action against your employer you should hire expert Oregon discrimination attorneys so that they can help you with the detailed legal perquisites and requirements that need to be filed in a claim.
The federal law prohibiting discrimination is the Title VII, Civil Rights Act 1968. This law strongly bars discrimination at the workplace based on a person’s race or color. Additionally, it also prohibits any kind of discrimination because of nationality, sex, or religion. The Title VII protections against racial discrimination are applicable on various aspects of employment including hiring, termination, promotion, denial of fringe benefits, or harassment due to race. Title VII also gives protections against retaliation by employers against employees who put forth complaints about racial discrimination in the workplace. This protection applies to anyone whether they were victim of racial discrimination or they merely complained about it. The law also allows employees to sue their employers in civil courts. Additionally, it also allows employees who have been a victim of racial discrimination to file a complaint for violation of any of the provisions of Title VII with the Equal Employment Opportunity Commission (“EEOC”). After a complaint is filed, the EEOC does its own investigation with regards to the complaint. An important point to note here is that employees in Oregon have to file a EEOC complaint before initiating a legal claim in the civil court on a Title VII claim. The filing of this complaint must be within 300 days in the state of Oregon.
Unlawful discrimination in Oregon state law has been defined as “To discriminate means to make a distinction between individuals or groups based on common characteristics, real or perceived. Certain kinds of discrimination are unlawful. Oregon civil rights laws generally prohibit making decisions in employment, housing, places of public accommodation and career schools because an individual is a member of a class protected by these statutes.”  Similar to the anti-discrimination law at the federal level, the state of Oregon also has a state law that prohibits discrimination at the workplace. The law is codified in ORS section 659A.030. This law is like the federal law, but it provides broader protections than the federal law. The federal law only applies to employers who employ more than 15 employees, but the Oregon state law applies to anyone who was one or more employees. Thus, if your workplace contains less than 15 employees you can take the help of Oregon state law to take action against your employer for racial discrimination. You can also file a racial discrimination claim with the Oregon Bureau of Labor and Industries (“BOLI”) within one year. However, under Oregon law there is no such requirement of filing of an administrative complaint before filing of a court case. Thus, you can directly approach the courts in Oregon without filing a complaint to BOLI. You can also bring a claim against your employer if they have engaged in a constructive dismissal. A claim against constructive dismissal on grounds of racial discrimination can be brought if your employer was discriminating against you also due to your race and making the workplace so intolerable that you had to resign.
Racial Discrimination Lawyers in Oregon
It can be difficult to determine whether an act of racial discrimination actually took place as an employee. There are two important aspects to it. They are whether you were treated differently to other employees when it came to hiring, promotion, or raise and whether your race was a cause for such treatment. If the answer to both these questions are in the positive, then there are strong chances that you were subject to racial discrimination.
As a victim of racial discrimination, you have to consult a racial discrimination attorney in Oregon for proper guidance and plan of action. Attorneys from Meyer Employment Law are experienced in a large number of racial discrimination claims. In Oregon, it is illegal to discriminate against employees during hiring, promotion, raise, or termination solely on the basis of their race. It is important that you consult an attorney with expertise in this area to help you.
Our attorneys have substantial experience representing employees in Oregon racial discrimination claims.
Have you experienced racial discrimination in the workplace? Do you have questions about racial discrimination? Allow an Oregon racial discrimination attorney to help. Contact us at Meyer Employment Law.
Portland Discrimination Attorney, Robert Meyer
Portland Oregon Discrimination Attorney, Michael Owens
We have experience in all types of employment law cases