What is the ground for racial discrimination in the workplace?

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What is the ground for racial discrimination in the workplace?

I am a 20 year old white male. I was arrested for a DV about 1 1/2 years ago. I spent 1 night in jail and was subsequently suspended from my retail job for 5 months and 5 days because of this. I missed only that one night in jail. A black American male a few years older than me was arrested for the same crime and spent 2 nights in jail. He was inquired for by the police at work and, as far as I know, arrested there as well. He received no suspension.

Asked on June 19, 2012 under Employment Labor Law, Montana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Racial discrimination is not merely that, say, a caucasion and an African American are treated differently; it's that there is no other reasonable explanation for the differential treatment other than race. If the the other employee has a different position, more seniority (worked there longer), different or better experience/education, or even just is a personal friend of management, that could explain the different treatment; or if you  had had conflicts with supervisors or co-workers, or other disciplinary issues at work, that could also explain the difference. If there is no other explanation, and particularly if the management is non-caucasion, then it may be racial discrimination and you may wish to speak with an empoyment law attorney to discuss the matter in more depth.


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