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Can You Sue Someone for Racial Discrimination - morgan and morgan
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Can You Sue Someone for Racial Discrimination?

Can You Sue Someone for Racial Discrimination?

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Can You Sue Someone for Racial Discrimination?

When people are discriminated against because of their race, it is normal for them to feel offended, angry, and confused.  

In many cases, you may wonder, “Can you sue someone for racial discrimination?” Racial discrimination is unfortunately still common in the United States. This is especially true in the context of the workplace.  

According to some recent research, job applicants with traditionally “white-sounding” names were called back more than those with “black-sounding” names. Research from 2019 revealed that nearly 40% of Latinos report experiencing racial discrimination within the past year. 

Because of the prevalence of racial discrimination, many victims hope to file a legal claim to recover compensation for their related losses. So can you sue someone for racial discrimination? Read on to find out. 

When you need premier legal representation for your discrimination case, look no further than America’s largest tort law firm—Morgan & Morgan. Our experienced legal experts know what it takes to successfully fight for our clients. 

We will not rest until you receive the compensation that you deserve for your discrimination claim. To schedule a no-cost legal consultation to discuss the facts of your case, complete the contact form on the Morgan & Morgan website.

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  • How Can You Sue Someone for Racial Discrimination?

    When you believe that you have a valid racial discrimination claim, it is vital to understand the right steps to take. There are several elements to filing a successful discrimination claim. 

    These include:

    Gathering Documentation and Evidence

    Discrimination claims are similar to other types of tort cases in some ways. For instance, you should make sure to collect all of the relevant evidence and documentation regarding your case. 
    In some cases, it can be very difficult to prove that you were discriminated against because of your race. Sometimes, those who engage in racial discrimination do not leave written or other physical evidence. 

    Make sure to collect information about the perpetrator of the discrimination. This may include emails or other digital communication with the person who discriminated against you.

    Notify Your Employer of Your Intent

    Before exploring how you can sue someone for racial discrimination, it is important to notify your company that you intend to sue. In most cases, federal and state courts will try to resolve these cases privately. 

    If this fails, the Equal Employment Opportunity Commission (EEOC) may become involved in the dispute. To notify your employer of your intention, you should send a letter of intent through certified mail. 

    This letter should address all of the details of the incident of discrimination. Additionally, you should provide a deadline by which your employer should respond to you. 

    For help drafting a letter of intent, reach out to a skilled racial discrimination attorney. The team at Morgan & Morgan has years of experience protecting the rights of discrimination victims.

    Determine Your Eligibility and Complete Forms

    Every state has specific regulations regarding discrimination in the workplace. Because of this, it is important to speak with an attorney about the specific details of your case. 

    When you are wondering, “Can you sue someone for racial discrimination?”—speak with a knowledgeable legal professional. The EEOC’s website can also help you to determine whether you are eligible for a valid racial discrimination lawsuit. 

    There are several forms that most discrimination victims need to complete in order to file a complaint. These forms will often ask for information about your discrimination incident, your employer, and the perpetrator.  

    Make sure that you save a personal copy of these forms for your attorney to use in your case.


    In some cases, victims will need to receive a “right to sue” notice from the relevant administrative agency. This notice will be sent following the investigation into your racial discrimination case.

  • Hire a Skilled Legal Representative for Your Racial Discrimination Case

    The most important step in pursuing a racial discrimination lawsuit is contacting a knowledgeable tort attorney. Make sure to hire a professional with plenty of experience in racial discrimination cases.  

    It is also imperative to find a law firm with the resources needed to effectively fight for you. Racial discrimination cases often involve both state and federal statutes and regulations.  

    Therefore, you should only hire an attorney with experience in managing these intimidating cases. Workplace discrimination cases involve many nuanced and complex legal issues. 

    Your attorney will guide you through the entire legal process. For instance, they will review your claim to ensure that all of the relevant details and evidence are included.

    Proving Racial Discrimination

    How can you sue someone for racial discrimination successfully? Doing so involves proving that race-based discrimination occurred. 

    This can be difficult in many instances. This is especially true because racial discrimination is not always formally announced or stated clearly. 

    Racial discrimination in the workplace is prohibited by federal law. If you think that your employer has discriminated against you, speak with a lawyer immediately. 

    Discrimination can take many different forms. Some of the most common include: 

    • Being passed over for a job because of race
    • Failing to receive a promotion because of race
    • Firing based on race
    • And more 

    But it is challenging to prove discrimination, especially when the perpetrators attempt to conceal it. There are two primary types of evidence when it comes to racial discrimination. These are known as “direct” and “indirect” evidence of discrimination.

    Direct Evidence of Discrimination

    In some cases, there is direct evidence of the racial discrimination that took place. For instance, suppose that a company executive sent an email to hiring recruiters asking them to avoid hiring people of a certain race. 

    Although this may seem far-fetched, this would count as direct evidence of discrimination. This email would show clear evidence of the intention to discriminate against job applicants based on their race.  

    Unfortunately, evidence that is this clear is very rare. Typically, businesses take steps to avoid the possibility of a racial discrimination lawsuit. 

    Supervisors and executives usually understand that they should never discriminate in an overt or obvious manner. Unfortunately, racial discrimination still happens. 

    Even in cases where discrimination is hidden or subtle, victims deserve justice. If you believe that you have been discriminated against, reach out to the knowledgeable attorneys at Morgan & Morgan.

    Indirect Evidence of Discrimination

    Fortunately, many victims can still prove discrimination in the absence of direct evidence. Indirect evidence can still prove that an employer treats workers differently because of their racial identities. 

    There is a three-step process for providing indirect evidence of racial discrimination in a lawsuit. 
    First, you must present a prima facie instance of discrimination. The term “prima facie” translates to “on its face.” 

    This means that the evidence must appear to prove discrimination. To do so, you will need to present evidence that shows that the business appears to have discriminated against you because of your race. 

    Second, your employer will have the opportunity to defend themselves. The relevant business has the right to argue that its actions were not racially discriminatory.  

    For example, the company may offer non-discriminatory reasons for taking the relevant actions. They may claim that an employee was passed over for a promotion because they lacked the skills or experience necessary.

    The employer will attempt to prove that this non-discriminatory reason was the intention of their action. If they are successful, they will likely win the case. 

    That is why it is so vital to have a skilled discrimination attorney fight for you. A seasoned legal professional will work hard to show that your case involves a legitimate case of racial discrimination. 

    Finally, your lawyer will have the opportunity to present counter-evidence that the incident was based on racial discrimination. The ability to prove this will depend on the strength of evidence in your case. 

    Because of this, it is vital to speak with a legal professional as soon as possible following an incident of racial discrimination. 

    For instance, suppose that your employer claims you did not get a promotion because you lacked experience. Your attorney might counter this claim by presenting evidence of your previous professional experience and prior responsibilities. 

    Your legal representative will also likely point out previous patterns of discrimination in your employer’s history. This might include statistical evidence or prior examples of direct instances of racial discrimination.

  • Will I Have to Pay a Lot for a Racial Discrimination Attorney?

    Most civil employment law attorneys are paid through contingency fees. With this payment approach, the client and attorney agree to a certain portion of the recovery from your case. 

    Unless the lawyer secures the money that you deserve, you will not pay a single penny. This is how the legal team at Morgan & Morgan handles attorneys’ fees. 

    You should never hire a lawyer or firm that requires payment before agreeing to take your case. When you contact one of our accomplished legal professionals, you will not pay anything unless we get the money that is rightfully yours.

  • How Can a Tort Attorney Help in My Case?

    Even if you know that you have a strong racial discrimination case, you may not know how an attorney can help in your claim. When you hire one of the legal experts at Morgan & Morgan, we will handle every element of your tort case.  

    Some of the most common functions of a tort lawyer include: 

    • Drafting and filing documents
    • Ensuring that deadlines are met
    • Consulting with relevant specialists and experts
    • Speaking with eyewitnesses
    • Calculating the value of your claim
    • Filing a strong case on your behalf
    • And more 

    You should not have to worry about managing the complex and nuanced elements of your racial discrimination case. Let the team at Morgan & Morgan fight tirelessly to get justice for you.

  • Morgan & Morgan Provides Premier Legal Representation

    When you have been discriminated against in the workplace, it is critical to seek competent legal representation. The skilled legal specialists at Morgan & Morgan have decades of experience representing the interests of discrimination victims. 

    Since our firm’s founding in 1988, we have secured more than $15 billion dollars in recovery for a wide range of clients. Our team boasts more than a million successful settlements and verdicts in tort cases. 

    To arrange a free legal consultation with one of our attorneys, complete the contact form on our firm’s website today.

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Last updated on May 31, 2023

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