Unfortunately race discrimination continues to occur in many work places.
Often times, the actions are not blatant or obvious but may consist of
policies or subtle practices that treat workers different on account of
Title VII was initially thought to be limited to blacks and other racial
minorities, not white employees. But the law protects individuals of all
races and colors, not simply racial minorities. If you believe that you
have been subjected to discrimination due to your race, it’s important
to consult with an
Atlanta discrimination attorneyright away.
A recent case looked at what facts must be alleged when you first file
a race discrimination lawsuit. In a race discrimination case before the
U.S. Court of Appeals for the 6th Circuit,
Keys v. Humana Inc., the court reviewed whether a woman – Kathryn Keys – who
filed the lawsuit had to specifically state (allege) in her complaint
that she was treated differently than similarly situated white employees.
At the lower level, the district court dismissed the woman’s complaint
because Keys didn’t specifically identify another worker in her
same position that was treated better. However, the appellate court thought
this was the wrong decision and reversed. The court looked at Key’s
allegations that after she was initially hired as a director, she was
removed from her job and demoted to the position of “individual
contributor.” No white directors received the same demotions. She
also was placed on a “performance improvement plan” (PIPs)
even though she had met the job expectations. Similarly situated white
employees were not placed on PIPS, but an additional 10-12 black managers
were and were forced to resign.
Keys subsequently submitted a formal complaint. She was then demoted, and
The appellate court stated that at the initial pleading stage, a person
must simply include “enough factual content that allows the court
to draw the reasonable inference that the defendant is responsible for
the misconduct alleged.” This means the complaint must alleged enough
facts to make it “plausible” that discrimination occurred.
Specifically, the court determined that the complaint needed to present
“detailed factual allegations,” with sufficient factual content
from which a court “informed by its ‘judicial experience and
common sense,’ could draw the reasonable inference” that race
discrimination existed here. But, setting forth enough facts at this stage
to prove your case wasn’t necessary.
Determining whether race discrimination exists may be complex. If you
believe you have been subjected to race discrimination it’s important
to speak to a dedicated Atlanta race discrimination lawyer to help sort
things out. For more information, please contact the top
Georgia employment discrimination lawyers at The Buckley Law Firm, LLC for an immediate consultation.