Steps Refugees Can Take If They Are Experiencing Discrimination In The Workplace
When you have a job in the United States you are protected from being discriminated against, harassed, or bullied at your place of work by your employer or coworkers. All workers in the United States are protected by workplace protection laws regardless of their status. Refugees and immigrants have the same workplace rights that other workers have.
Title VII of the Civil Rights Act says that employers can’t discriminate against employees based on their race, religion, sex, or where they are from. And other laws like the Americans with Disabilities Act, the Family Medical Leave Act, and the Occupational Safety and Health (OSH) Act also provide protections for workers.
If you are a refugee and you have been a victim of discrimination at work by your employer, you have the right to file a complaint about that employer with the Equal Employment Opportunity Commission. The EEOC is a federal agency. That means they have the jurisdiction (official power) to investigate employers in any state in the country. And there are 44 states that have an agreement to share information with the EEOC so if your employer is discriminating against you that information will be shared with the state. The state may decide to launch its own investigation against your employer.
Examples Of Workplace Discrimination
Often workplace discrimination against refugees involves things like:
Not Being Paid Fairly
Your employer can’t pay you less than other workers because you are a refugee. They must pay you the same as others who are doing the same job that you’re doing. And they cannot pay you less than minimum wage. Depending on the state you live in the state minimum wage may be higher or lower than the Federal minimum wage. Your employer has to pay you whatever minimum wage is higher.
Bullying And Harassment
Bullying and harassment, including sexual harassment, are the most common forms of discrimination against refugees at work. Your employer and coworkers are breaking the law if they make you feel unsafe. They cannot bully you or harass you in any way. That includes things like making racially offensive “jokes” or comments about your country, your culture, your religion, your dress, or your English language skill. They also can’t single you out to make jokes or mean comments about you, leave you out of meetings or trainings, or in any way act demean or humiliate you. If this is happening to you at work, you should save any evidence you can of what is happening. That should include photos, videos, copies of documents, screenshots of texts, messages, or other communications. Save everything you can.
Wage Theft
Wage theft is also common. Your employer is committing wage theft if they demand that you work without being paid. Your employer must pay you for the hours worked. If your employer refuses to pay you, you may have a claim. If you are paid by the hour, you can’t be forced to work unpaid through a lunch break as a punishment or because your employer is short staffed. You also can’t be made to come in early or stay late unless you are paid for that time.
Filing A Workplace Discrimination Claim
Before filing a claim against your employer for discrimination gather up all the evidence that you have and meet with your employer. Explain to them what is happening and show them the proof. If your employer promises to make the discrimination stop and takes action to do that, then you don’t need to file a complaint. But if they don’t believe you or try to tell you it’s your fault, you can file a claim with the EEOC through the EEOC’s website.
If you don’t want to file a complaint with the EEOC you can file a complaint locally. In New York, you can file an employment discrimination complaint with the New York State Division of Human Rights. If you file a discrimination claim with the state, it will be dual filed with the EEOC and vice versa, so you will only have to file one complaint.
Remedies For Harassment And Discrimination
If your employer is guilty of discrimination, you could be owed lump sums of money for pain and suffering and for things like wages that were stolen from you or money you were supposed to be paid.
Sources Found Via:
https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964
https://www.employmentlawhelp.org/discrimination/coworker-racially-insensitive
https://www.employmentlawhelp.org/wage-theft/employer-refuses-pay
Thank you to Employment Law Help for contributing this article. Employment Law Help is an independent organization dedicated to protecting employees' rights and enabling victims to hold their employers responsible for illegal actions taken against them.