What can I do if my daughter was treated unfairly by her employer and I feel it was because of her race?

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What can I do if my daughter was treated unfairly by her employer and I feel it was because of her race?

My 16 year daughter recently quit her job at an ice cream shop. They always accused her of stealing money and they recently had a customer that gave my daughter counterfeit money. My daughter was trained to use a counterfeit marker to see if it’s real and she did so, but the owner found out it was fake. Long story short, my daughter was being accused of knowing this customer. My daughter is African American. She was the only colored person working there. Also, the owners called the police and had my daughter questioned and they took all her info without me present. What can I do? She is so stressed out and hurt and now without a job. She never called out she always took shifts and they treated her so unfairly.

Asked on December 27, 2015 under Employment Labor Law, Delaware

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

There are several forms of legal discrimination that an employer can be accussed of. For example, that based on nationality, age, disability, gender, religion and race. In to prove racial discrimination in the workplace, an employee must be able to demonstrate that they were subjected to a negative job action because of their race. Although there are still cases in which direct evidence of discrimination exists, typically an employee has to prove such discrimination using indirect evidence. They ultimately bear the burden of proving that the employer's decision was discriminatory. The most common way to do this is to prove that the employer's explanation was a pretext for discrimination. In this case, your daughter's former employer claiming that she was fired for theft, not because of her race.
Since this is such specific fact based claim and therefore difficult to prove, you really should consult directly with an employment law attorney in your area. After hearing all of the details of the case, they can best advise you further.


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