Perhaps for the first time in his life, Al Sharpton is on the receiving end of a racial discrimination lawsuit, according to a recent IJReview report. The National Association of African-American Owned Media (NAAAOM) filed a civil lawsuit against Comcast and Time Warner, seeking $20 billion in damages. In 2010, Comcast acquired NBCUniversal and entered into an agreement with the NAACP, National Urban League and the National Action Network. The lawsuit alleges that Comcast gave funds to Sharpton and his National Action Network – in the sum of $3.8 million – in exchange for support of the deal and to divert attention away from its discriminatory practices.
What Is Race or National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating in the workplace based on race and color in addition to national origin, sex or religion. This bar includes issues regarding hiring, firing, promotion, compensation, job training, or any other term, condition or privilege that has to do with employment. Intentional discrimination, as well as neutral job policies that have a discriminatory effect and are not job related, are covered under Title VII.
Under the law, employment cannot be denied because of:
Marriage to, or association with, an individual of a differing race;
- Membership in, or association with, an ethnic-based organization/group;
- Attendance or participation in schools/places of worship associated with minorities; or
- Cultural practices/characteristics linked to a race/ethnicity, as long as it does not materially interfere with the ability to perform job duties.
Remedies Under Title VII
Once an investigation by the Equal Employment Opportunity Commission (EEOC) has found that race or national origin discrimination has taken place, the purpose of the law is to place the victim in the same position (or as close to it as possible) had the discrimination never taken place. The types of relief awarded will depend upon the discriminatory action of the employer and how it affected the victim. At a minimum, the employer will be required to stop the discriminatory practice and will have to take precautionary steps to prevent discrimination in the future.
A victim of race or national origin discrimination may be entitled compensatory as well as punitive damages. Compensatory damages pay for a victim’s out-of-pocket expenses and any emotional suffering as a result of the discrimination. On the other hand, punitive damages may be awarded to a victim to punish the employer for participating in discriminatory behavior, particularly if it was malicious or reckless. There are limits, however, on the amount of compensatory and punitive damages a victim of employment discrimination may recover. The limits are based on the size of the employer, such as: (1) up to $50,000 for employers with 15-100 employees; (2) up to $100,000 for employers with 101-200 employees; (3) up to $200,000 for employers with 201-500 employees; and (4) up to $300,000 for employers with more than 500 employees.
NY Discrimination Lawyer To Fight For Your Rights
If you or someone you know has been the victim of race or national origin discrimination at the workplace, or any other type of discrimination, contact a skilled and aggressive NY discrimination lawyer right away. Sadly, discrimination still occurs everyday in the United States. Call and contact us toll free (212) 967-3000 today for your initial consultation. We are a top rated NY discrimination lawyer firm that has been sought out for some very high profile cases. Call us today if you have been a victim of national origin discrimination at your place of employment.