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Race Discrimination in the workplace – Two ways to assert the claim.

Nov 28, 2016
Discrimination

Discrimination in the workplace

Title VII prohibits race discrimination in the workplace. The law requires that an employee first file a charge with the EEOC before going to court. (Click here for information on how to file a charge with the EEOC.)

Generally speaking, Title VII requires that the charge be filed with the EEOC within 180 days after the discriminatory act took place.

In addition, after the EEOC issues a “right to sue” letter, the employee must commence a lawsuit within 90 days.

What other options are available?

Another way to pursue such a claim is pursuant to Section 1981. This is also a federal law.

Section 1981 provides a significantly longer deadline for filing a lawsuit. If Title VII bars a claim due to the passage of time, the claim may still be timely under Section 1981.

It is not necessary to file a charge  with the EEOC before going to court on a Section 1981 claim.

Can an employee file suit under both laws?

Yes, but the employee must first proceed through the EEOC on the Title VII claim before filing a lawsuit.

If you have been discriminated against in the workplace and are considering a lawsuit, call the Panter Law Firm at 601-607-3156 to ask about your options.

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