INTERSECTIONALITY: SEX AND RACE DISCRIMINATION

What should I do if I think I have been discriminated against based on my sex, my race or both?

Can I sue my employer for race and sex discrimination at the same time?

What are the benefits of bringing both claims together?

What is the success rate for cases involving both race and sex discrimination?

What should I do if I think I have been discriminated against based on my sex, my race or both?

If you believe you have been a victim of employment discrimination based on one or more protected classes under Title VII of the Civil Rights Act of 1964, you should first assess the internal grievance procedures at your place of employment. Your human resources department usually constructs these policies.

If you are unable to satisfactorily address your concerns by reporting them to a supervisor or human resource manager, you may want to consider alternative methods of dispute resolution such as negotiation and mediation. If these alternatives do not bring you a satisfactory resolution, then you should file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC). You will have the chance to allege all forms of discrimination you believe you experienced (eg. age, race, and sex) and the EEOC will examine your case based on all possible theories of discrimination.

Can I sue my employer for race and sex discrimination at the same time?

Yes. When you file a charge of discrimination with the EEOC, you will have an opportunity to allege all types of discrimination you believe you may have suffered. The EEOC officer will assess your case, and if both theories of discrimination (ie. race and sex) seem plausible based on the evidence, they will both be pursued. The EEOC intake officer ultimately has discretion over which theories of discrimination to apply to your charge.

What are the benefits of bringing both claims together?

Research has shown that 96% of charges with multiple claims are dismissed at the summary judgment phase of a court proceeding (during which the case can be dismissed before it reaches a jury), while only 73% of employment discrimination claims in general are dismissed at the same stage. Based on these statistics, it may be better for you to bring your claims separately.

What is the success rate for cases involving both race and sex discrimination?

It is difficult to assess the statistics surrounding claims based on multiple theories of discrimination (eg. race and sex as distinct claims), and intersectional theories of discrimination (eg. race and sex as a distinct protected class). Empirical research has shown that multiple claims may account for over half of all federal discrimination actions, yet the EEOC reports enforcement and litigation statistics in terms of each category of discrimination covered by the laws it enforces and does not separate out the data pertaining to multiple claims.