Racial Discrimination

Racial Discrimination remains one of the most invidious issues affecting People of Color in America. Despite the passage of the Fourteenth Amendment, The Civil Rights Act of 1964, and numerous congressional statutes; Racial Discrimination still occurs at an alarming rate. 


Employment Discrimination

Title VII of the Civil Rights Act prohibits discrimination by covered employers on the basis of race, color, religion, sex or national origin.

There are 2 mechanisms to establish a claim of Employment Discrimination based on race: Disparate Treatment, and Disparate Impact.

Disparate Treatment

Disparate Treatment occurs when an employer treats some people less favorably than others because of their race, color, sex, religion or national origin. 

To bring a claim of Disparate Treatment, an employee must demonstrate

  • That they belong to a protected class (race, ethnicity, national origin, etc.)
  • That they applied, and were qualified for  a position for which the employer was seeking applicants
  • That despite their qualifications, they were rejected, and
  • That after their rejection the position remained opened, and the employer continued to seek applicants from persons of the employee's qualifications.

Disparate Impact

Disparate Impact is a theory of discrimination where employment practices are facially neutral in their treatment of different groups, but in fact burden one group more than another, and cannot be justified by a business necessity. 

Disparate Impact theories of Racial Discrimination are harder to establish than Disparate Treatment claims. Most of the time you will need experts and statistics to provide evidence to support the claim. However, unlike in a Disparate Treatment claim of discrimination, proof of a discriminatory motive is not required.

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Housing Discrimination

 

Housing Discrimination is a serious problem in Northeast Ohio. Despite State and Federal Laws, many Real Estate professionals continue to deploy discriminatory and illegal practices in the housing market.

The Fair Housing Act makes it illegal to discriminate against a person in selling, renting, or financing a home, on the basis of race, color, national origin, religion, sex, disability and the presence of children.

Specifically, The Act punishes the following conduct:

  • Refusing to rent or sell a home
  • Refusing to negotiate for housing
  • Making a home unavailable
  • Setting different terms, conditions or privileges for sale or rental of a home
  • Providing different housing services or facilities
  • Falsely denying that housing is available for inspection, sale, or rental
  • Persuading owners to sell or rent (blockbusting) or
  • Denying anyone access to or membership in a facility or service (such as a multiple listing service) related to the sale or rental of housing.
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