Here at Holman Schiavone LLC in Kansas City, MO, we are committed to providing you with the help you need to fight your case in court, but also with the information you need to feel empowered and take actionable steps towards seeing justice done. Keep reading to learn about what you can do if you think you’re facing unlawful discrimination.
Identify the Type of Harassment
Harassment Based on Race and National Origin
This type of discrimination refers to any unwelcome conduct based on race, color, or national origin that creates a hostile or offensive treatment environment. It can take various forms, such as offensive comments, racial slurs, physical intimidation, or other discriminatory actions related to a person’s racial group or national origin and can occur regardless of the gender identity or religion of the victim.
Racial discrimination is not only morally wrong but also illegal under both state and federal laws. It is also prohibited under civil rights laws across the country. The Missouri Human Rights Act prohibits discrimination related to sex, disability, as well as race in the employment sector and is an excellent example of legislation that protects citizens from discrimination. That being said, complaints in which individuals have been discriminated against in schools, including places of higher education and housing agencies, are common battlegrounds in the fight for racial equality and civil rights in Missouri.
Follow the Statute of Limitations
Be aware of the statute of limitations for filing a race-based discrimination claim in the state of Missouri. The statute of limitations for filing a complaint with the MCHR is 180 days from the date of the alleged discriminatory act.
If you plan to file a federal claim with the EEOC, you have 300 days from the date of the alleged discrimination. It is important to consult with one of our experienced attorneys promptly after the race-based incident to ensure you meet these deadlines.
Document the Incidents as Best You Can
When facing discrimination due to race or national origin, it is crucial to document every incident in detail. Keep a record of dates, times, locations, and descriptions of race-based incidents. Include the names of any person involved and any witnesses. This documentation will serve as evidence should you decide to take legal action and file your complaint against your employer, school, or department based on harmful conduct or treatment because of your race, disability, or sex.
When attempting to prove illegal discrimination or even a hate crime based on your race, it’s important that your complaint be filed with evidence of discrimination to back your claim. We are here to support your case against agencies, housing organizations, and schools who are discriminating based on your race or national origin. Regardless of who you are being discriminated by, we are here to ensure you receive the justice you deserve under MO laws and federal law.
Pay attention to any changes in your work environment, such as increased hostility or retaliation, as a result of reporting the example of race-based discrimination.
Document these changes, along with specific incidents, dates, and individuals involved. This information can be crucial if you need to take further legal action to protect your civil rights.
While the investigations or legal proceedings are going on, it is essential to maintain confidentiality about the details of the case.
Avoid discussing the matter with individuals not directly involved, as this may compromise the integrity of the process and potentially harm your case.
Report the Incident Correctly
Contact your employer or supervisor immediately if this type of conduct occurs at your job or office. If you’re facing illegal discrimination because of your race or national origin in the housing department or in school, you can still follow the organization’s established procedures for reporting this example of harassment, which may require you to submit a written complaint or speak to a designated individual. Be sure to keep a copy of your complaint and any responses.
The Role of Unions
It may be beneficial to contact agency members or a local union representative. A relevant Labor organization or a union can be powerful allies for individuals facing illegal discrimination based on race or even disability in the workplace.
Through collective bargaining, grievance procedures, legal representation, prompted investigation, education, solidarity, and policy advocacy, unions can help you in your fight for equal treatment.
Consult an Employment Attorney
Seek legal counsel from an experienced employment attorney who specializes in discrimination cases. Our team is comprised of 8 such qualified attorneys who are committed to upholding your legal rights. Our team will review the details of your situation, evaluate your legal options, and provide guidance on how to proceed.
There are numerous federal laws and civil rights laws that prohibit discrimination based on race or national origin. If you believe that your civil rights are being ignored because you are of a particular race, you have a right to file a complaint with your employer, housing agencies, or schools while working with attorneys who know and understand your civil rights under the law.
Look Out for Your Emotional Well-Being
Facing racial harassment can take a toll on your emotional well-being. It is crucial to prioritize self-care and seek emotional support during this challenging time. Consider engaging in activities that promote relaxation, such as exercise, meditation, or counseling. Surround yourself with positive influences and individuals who uplift and support you.
This is important for any individual being discriminated against based on race, national origin, sex, disability, or other examples of often visible characteristics that prompt discriminatory conduct by an employer. We understand that these cases go beyond abstract examples of race-based discrimination. Each of our clients represents a real person with real needs and concerns. We are committed to ensuring that the emotional well-being of our clients is protected as we fight for them inside and outside the courtroom.
Cooperate with Investigators
If your employer initiates an investigation into any complaint that you submit, fully cooperate with the process. Provide any requested documentation or information to support your case. It is important to maintain open communication with the investigator and promptly respond to any inquiries into the conduct of the relevant department for the sake of your case.
Filing as a victim of violence or discrimination may seem like a daunting task, but we are here to help you navigate every step of your case and support you even while you talk with investigators. You can always ask to talk to investigators only with your attorney present.
Preserve any evidence of discrimination. This includes any written or digital communication that supports your claims. Additionally, if there were any witnesses to the incidents, ask them if they would be willing to provide a statement or testify on your behalf. A witness could be a family member or a co-worker.
If other complaints have already been filed, then your place of work, your school, or whatever the organization has an even greater responsibility to respond to any concerns about race-based discrimination.
Explore Mediation or Settlement Options
In some cases, mediation or settlement discussions may be offered as a means of resolving the dispute. Consult with one of our qualified attorneys to determine if pursuing these options is in your best interest. A member of our qualified team can negotiate on your behalf to help ensure the success of your case.
Our team will also work to ensure that any settlement agreements protect your rights and interests regardless of your sex, and whether or not you have a disability. Your background does not and should not impact the legal rights that you are entitled to as you fight for justice against examples of racist treatment.
File a Complaint With the Appropriate Agency
Discrimination in the Workplace
If internal procedures do not resolve the issue, you may need to contact and file a complaint with an external agency, such as the Missouri Commission on Human Rights (MCHR) or the Equal Employment Opportunity Commission (EEOC). One of our qualified attorneys can assist you in preparing the necessary documentation and ensuring compliance with the appropriate procedures and deadlines in the example of your case.
Discrimination in Housing: Federal Fair Housing Act
If you are facing discrimination as a member of a particular race in the public accommodations department, then you may qualify to file for compensation under this act, which prohibits discrimination based on race. In 1988, this act was amended to also include provisions for the rights of persons experiencing a disability, those with a complicated parental status or children.
Federal Legislation: Civil Rights Act
Federal Financial Assistance
This landmark legislation prohibits discrimination based on race, color, religion, sex, or national origin. Title VI of the Civil Rights Act specifically addresses discrimination by an employer in organizations working in any field from urban development to education that is receiving federal financial assistance, making it illegal for an employer who receives funds from the government to discriminate against employees or job applicants of a particular racial group.
Civil Rights in the Job Sector
Under the law, as laid out under Title VII, employers are required to provide a workplace free from race-based mistreatment regardless of whether the organization receives federal financial assistance. This means that employers have a legal obligation to take prompt and appropriate action to prevent and address an example of racial injustice when it occurs. They are responsible for establishing and enforcing relevant race-based policies, to protect people from fear of violence or hate crime because of their race or national origin
Who We Are
One of the key strengths of our team at Holman Schiavone LLC is our ability to effectively argue cases in court. Our firm is comprised of skilled trial lawyers who possess a deep understanding of the legal system and are well-versed in courtroom procedures. We are prepared to zealously advocate for our client’s civil rights, presenting compelling arguments and evidence to support their cases.
A strong focus on building and maintaining positive client relationships is another hallmark of Holman Schiavone LLC. Our firm recognizes the importance of open and transparent communication with clients, providing a compassionate and supportive environment where clients can feel heard and understood regardless of their race or national origin.
Facing discrimination because of your race color can be a distressing and emotionally challenging experience. However, taking proactive steps to address the situation is crucial to protect your civil rights. If you are facing racial harassment, don’t hesitate to reach out to Holman Schiavone LLC in Kansas City for your free consultation at 816-399-5149. Together, we can work towards a more equal and just society.