Charleston, WV Race Discrimination Lawyers

Understanding Available Damages for Race Discrimination in West Virginia

The West Virginia Human Rights Act (WVHRA) protects employees who have faced race discrimination in the workplace. In order to come under the WVHRA, your employer must have employed at least 12 or more employees for twenty or more weeks in a year. Under the WVHRA, victims of race discrimination may be entitled to the following damages:

• Lost wages (back pay and front pay)
• Emotional distress
• Humiliation/Embarrassment
• Loss of Dignity
• Job Reinstatement
• Punitive Damages

Types of Race Discrimination in the Workplace

Workplace Harassment

Race-based harassment can take many forms in the workplace. It includes:

• Offensive comments: Racial slurs, jokes, or derogatory remarks based on an individual's race or ethnicity.
• Unwelcome conduct: Such as verbal or physical abuse, mockery, or teasing based on someone’s race.
• Impact on mental health: This type of discrimination can lead to anxiety, depression, and stress, impacting an employee's overall well-being.
• Reduced productivity: A hostile work environment often leads to disengagement and reduced performance.

Discriminatory Hiring Practices

Discrimination during the hiring process can occur when:

• Employers make hiring decisions based on race rather than qualifications.
• Qualified candidates are overlooked in favor of someone from a different racial group, even though they may not be as qualified.
• This can limit job opportunities for people of color and reinforce systemic inequality.

Promotions and Pay Disparity

Race discrimination can also affect employees' career advancement:

• Unequal pay: Employees of certain races may receive less pay for the same work, contributing to pay gaps.
• Limited promotions: Certain racial groups may face challenges in obtaining promotions, even if they are more qualified than their colleagues.
• This leads to frustration and a lack of motivation among affected employees.

Discriminatory Firing Practices

Some employees may be terminated based on race or ethnicity:

• This is often unjust and illegal, violating both state and federal anti-discrimination laws.
• Discriminatory firing practices can create a toxic work environment and discourage employees from speaking up about their concerns.

Legal Protections Against Race Discrimination

Title VII of the Civil Rights Act

• Federal protection: Title VII prohibits race discrimination in the workplace, including hiring, firing, promotions, pay, and other conditions of employment.
• It applies to employers with 15 or more employees and covers a wide range of workplace practices.
• Retaliation is also illegal under Title VII. Employees cannot be punished for filing complaints or participating in investigations of racial discrimination.

West Virginia Human Rights Act (WVHRA)

• The WVHRA provides additional protection to employees in the state of West Virginia.
• It prohibits race discrimination in employment practices for employers with 12 or more employees.
• Victims of discrimination in the state may be entitled to compensation for lost wages, emotional distress, and other damages.

Steps for Reporting Race Discrimination

Internal Reporting Procedures

• Report to HR: If you experience race discrimination, report the behavior to your human resources department.
• Document incidents: Keep a detailed record of all discriminatory actions, including dates, times, and descriptions.
• Know your company's policy: Understand your employer’s anti-discrimination policies to ensure proper procedures are followed.

Filing with the Equal Employment Opportunity Commission (EEOC)

• File a complaint: If internal reporting doesn’t resolve the issue, you can file a formal complaint with the EEOC.
• Gather necessary documentation: You’ll need to provide proof of discrimination, such as emails, performance reviews, or witness statements.
• Timeliness: The EEOC has specific time limits for filing complaints, usually 180 days from the date of the alleged discrimination.

If you believe you are a victim of race discrimination, it is essential to take action promptly. By reporting the issue and seeking legal advice, you can help hold your employer accountable and protect your rights in the workplace.

Contact Us Today to Discuss Your Race Discrimination Concerns

Our team of West Virginia employment attorneys are ready to discuss your case. We take seriously the opportunity to hold employers accountable for engaging in race discrimination in the workplace. 

If you have experienced race discrimination or just would like more information, call us for a free consultation at (304) 841-0037
 or complete our contact form.