The general rule in Indiana is that a company can hire, fire demote, and suspend you for any reason. However, they cannot hire, fire, demote or suspend you due to your protected class. This post will focus on how African Americans/Black people can determine if they were discriminated against based on their race. In order to determine if you as an African American male or female were discriminated against due to your race you need to determine the following:
First, you must determine your protected class; African American/Black. Note: To file a complaint with the EEOC an employer must have 15 employees. However, an Indiana employee can file a race discrimination case no matter the number of employees pursuant to Sec. 1981.
Protected Class: Black
Second, determine your stage of employment. The discrimination or adverse action may occur during the following stages of employment: hiring, discharge, compensation, promotion, classification, training, apprenticeship, referral for employment, or other terms, conditions, and privileges of employment. Determine what stage you are in and the reason given to you for the discrimination or adverse action.
Example Adverse Action: I was terminated by my manager for allegedly poor performance.
Third, let's prove it. We live in a time where almost no one (you'd be surprised but sometimes they do) says. “We are not going to hire you because you are Black.” Sometimes that happens, but not often. You can still prove discrimination by comparing yourself to someone outside of your protected class. The person you compare yourself to must be similar to you in the following manner, under the same decision-maker, subject to the same rules, and engaged in the conduct of similar seriousness.
Example Comparator: White co-worker, who has the same manager as you and you both work the same or similar position has lost clients and messes up at least once a week was not terminated.
Contact an Indiana employment attorney if you believe you have a claim as soon as possible, if not you may lose your right to file a lawsuit.
If you have any questions regarding this post or any employment matter, please don't hesitate to contact an Indiana Employment Attorney at [email protected], 317-210-3416 or schedule a consultation at https://calendly.com/amberboydlaw
*The information you obtain in this article is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship.