issues

Racial Discrimination

Race discrimination may exist when you're passed over for a job or promotion, or when you're facing harassment at work. It can also show up in more subtle ways—like not being considered for stretch assignments or leadership roles.

When people think of racial discrimination, they often imagine overt acts that obviously don’t belong in the workplace.

 

But more often than not, racial discrimination happens subtly and builds over time, undermining fairness, dignity, and opportunity in the workplace.

Whether it’s obvious or well hidden, workplace discrimination comes in two forms.

Disparate treatment happens when an employer intentionally treats you worse than other employees because of your race. On the other hand, disparate impact refers to policies or practices that seem neutral but disproportionately harm workers of a particular race.

Outten & Golden regularly addresses these two different types of discrimination through our representation of individuals and our class action practice.

Discrimination can affect the way you’re hired, leveled, promoted, evaluated, and paid. It can also show up in your workplace culture—including in who receives high-value assignments and better business opportunities, and who is pushed out.

We’ve helped clients challenge workplace harassment and discrimination at many of the country’s biggest employers, guiding them towards justice. We’ve also also advised and represented individual clients in the negotiation of their compensation packages, exit agreements, and nondisclosure agreements.

If you believe race is negatively affecting you at work, we’ll help you explore your rights and seek the justice you deserve.

Framing the Issue

  • Do you feel like one mistake could cost you your job, while your colleagues regularly get second chances? Pressure to be twice as good just to get half the credit is one of the hallmarks of a biased environment.
  • Workers of color often encounter subtle comments and unfair treatment that can grow into a constant burden. Over 40% of Black women in one survey said their judgment in their area of expertise is regularly questioned.
  • Women of color have an especially hard time breaking into management-track roles, as they regularly face prejudices that men don’t.
  • Discrimination doesn’t just hurt your career and your pocketbook. It can do serious harm to your physical and mental health, disrupt your sleep, weaken your immune system, and leave you feeling unsafe in everyday spaces.

Notable Matters

  • Secured nearly $20 million for Black financial advisors at Merrill Lynch who allegedly were afforded fewer business opportunities than their white counterparts. 
  • Obtained $26 million for approximately 7,500 female, Black, and Hispanic employees of Mastercard who accused the company of underpaying them.
  • Negotiated a favorable exit package for a Black finance executive who suffered from racial harassment at work.
  • Secured $10 million for minority software engineers who alleged that Uber paid them less for equal work and started them at lower levels despite similar qualifications.
  • Settled a discrimination lawsuit filed by three Black passengers who were removed from an American Airlines flight after a white flight attendant complained about body odor. They were among several passengers—all Black men—who were ordered off the plane. The humiliating incident led to a confidential resolution and a commitment by the airline to take steps to prevent future discrimination.
  • Representing plaintiffs in Mandala v. NTT Data, Inc., a class action that challenges NTT’s use of criminal records to deny jobs to qualified Black applicants.     

Has this happened

to you?

1
/
5

Have you noticed that leadership roles in your workplace are rarely held by people who share your racial background?

If you’ve been treated unfairly because of your race, we’re ready to stand up for your rights.

Related

Other Issues

See all