Can I Be Fired for Reporting Racial Discrimination?
Employers are not allowed to discriminate against employees based on race, ethnicity, disability, color, national origin, gender identity, age, religion, marital and family status, or military status. Title VII of the Civil Rights Act of 1964 made this federal law that all US states must follow.
Due to this law and others that support employees, your employer cannot fire you for reporting racial discrimination. This applies to your situation, whether you are the one that is experiencing discrimination or if you have been witness to an act that was carried out against another employee. Retaliation is not allowed in any workplace, and there are laws that will protect employees who call attention to misconduct or discriminatory practices.
What Are the Laws Regarding Reporting?
In Ohio and other states in the US, the Whistleblower Protection Act prevents employers from discriminating against employees who have called attention to or reported actions or policies that are not safe or are discriminatory.
This law was put in place to prevent an employee who has reported issues with misconduct or discrimination from being fired, put on leave, disciplined, ostracized, threatened, or otherwise treated unfairly due to filing a report.
Under this law, the employer has twenty-four hours to take action related to activities that are in violation of anti-discrimination laws. At this time, if the issue has not been remedied, then the employee can file a report or claim with the proper organization. This might be the federal government through the EEOC, or you might file with your own state’s anti-discrimination board.
These reports will be investigated, and action will be taken against the employer related to the issue that was reported. From this point on, the employee who made the report cannot be treated in any way differently than employees who did not report this discrimination. This law protects employees from being bullied, intimidated, and otherwise made to be fearful of reporting improper practices that they have witnessed in their workplace.
You cannot be fired for taking this kind of action — and if you are, you will need to engage a lawyer right away. This is an unlawful act and one that can carry severe repercussions for any employer who chooses this course of action.
What Can My Lawyer Do?
If you have been fired because you reported discrimination in your workplace, your lawyer will make sure that a thorough investigation of the situation is conducted. This means that witnesses to events related to your termination will be interviewed and asked to make statements, and emails and other forms of communication will be gathered as evidence. Any termination documents and other documented information related to your termination will also be included in the investigation.
When your lawyer has all the facts gathered, they will almost always take your case to trial. Many businesses are unwilling to settle outside of court when this kind of issue is the reason for a settlement request. If your case has been documented correctly, your attorney should have no trouble getting you reinstated at your old job and helping you to secure the back pay that you are owed. Your lawyer might also demand that the employer compensate you for your legal fees.
Are There State Laws Against Discrimination?
Each state has its own discrimination laws in place. These regulations are intended to protect employees from being mistreated after they have made a report about discrimination or misconduct, just like the federal laws. These laws are made to create safe work environments and to allow employees within each state confirmation that the federal law is upheld.
The state is often the first tier of the law that is accessed to try this kind of case, but if there are impediments to the trial, it might proceed to the federal level instead. This is why you will need an attorney who is skilled in employment law and familiar with the Whistleblower Act. This is a very contentious and complex part of the law, and working with an attorney who is familiar with these kinds of cases can make all the difference to the outcome.
Contact Us Today
If you have been fired due to your report of discrimination, contact Hux Law Firm. We can help you reach the outcome you deserve, and we will make sure that you are compensated for your time away from work. Federal and state laws are very clear about the protections offered to those who are reporting issues related to discrimination, and we will make sure that you are not punished for doing so.
