Race and gender discrimination

Abney Law – Louisville’s Trusted Race Discrimination Attorneys

Race Discrimination Attorney Louisville KY

race discrimination

The Kentucky Civil Rights Act and Title VII of the Federal Civil Rights Act make race discrimination illegal.  It is a violation of the law to harass or treat someone differently in the workplace because of their race or color. 

Despite decades of legal progress, racial discrimination continues to be a persistent and painful reality for many people in Louisville and Kentucky. It can take many forms, such as being passed over for promotions, being subjected to offensive “jokes”, or being excluded from key opportunities. This kind of discrimination can erode a person’s dignity, their career prospects, and their mental well-being.

At Abney Law, we are committed to standing up for the rights of those who experience discrimination. We use the full power of state and federal laws to hold employers accountable for their actions. We believe that everyone deserves to be treated fairly and with respect, regardless of their race or background.

  • Mr. Abney is kind and compassionate and will help you through every step of the way. He will bring you comfort during hard times, and will answer any questions you have about the process. His empathy will help you feel confident & the outcome of your case will leave you feeling empowered. He will fight for you… especially when you feel like no one else is. Eternally grateful for Abney Law.

    Patsy

Are HR Professionals Protected from Retaliation for Reporting Discrimination?

The Legal Foundation: State and Federal Protections

The Kentucky Civil Rights Act and Title VII were explicitly enacted by lawmakers to correct the damaging effects of race discrimination in the workplace. Race discrimination can often be subtle, but very harmful, and takes on a variety of forms, including:

  • Denial of employment/hiring someone based on their race
  • Making jokes or unwanted comments based on race
  • Assignment of undesirable or demeaning tasks only to people of a particular race
  • Lower pay for the same work
  • Denial of training, education or other benefits to people of a specific race
  • Making a job harder to encourage someone to quit
  • Reduction in forces/layoffs that disproportionately affect people of a particular race
  • Terminations that affect people of one specific race disproportionately as well as policies that provide training, educational benefits, and other benefits only for workers of a certain race.

These laws address discrimination based on skin color, hair texture, accent or cultural practices associated with race, such as natural hairstyles. In recent years, courts and legislatures have recognized that racial discrimination also includes bias against features historically associated with certain races, like banning braids, locks or afros in grooming policies.

Recognizing Subtle and Systemic Discrimination

Not all racial discrimination is obvious. Many modern cases involve “disparate treatment” or “disparate impact”:

  • Disparate treatment happens when an employer treats an employee unfairly because of their race, even if it’s disguised as an issue with their performance.
  • Disparate impact occurs when a seemingly neutral rule (like a hiring test or a dress code) has a disproportionate negative impact on people of a certain race, and this impact is not justified by business needs.

Examples include:

  • Hiring only white employees, despite equally qualified applicants of color.
  • Assigning minority employees to lower-paying shifts or locations.
  • Using subjective criteria such as “cultural fit” to exclude diverse candidates.

These practices, while they may not involve racial slurs, still violate the law and can be equally damaging.

What Should I Do if I Think I’m Being Treated Differently Because of My Race?

  • Start documenting the facts immediately. Write down any information that supports your claim of discrimination and collect relevant documents like performance reviews or corrective actions.
  • Keep your documentation in a safe file away from work.
  •  If appropriate, discuss the situation with your labor or union representative.
  • Tell your employer about the discrimination. Follow the reporting requirements outlined in your employer’s anti-discrimination policies and file a grievance or complaint if that process is available to you.
  • Decide whether you want to file a complaint with the appropriate county, state, or federal agency and whether you want to speak with an attorney.  
  • In certain situations, it may be beneficial for you to file a Charge of Discrimination with the Equal Employment Opportunity Commission, and deadlines for filing such complaints are short.

In some cases, it may be helpful for you to file a charge of discrimination with the Equal Employment Opportunity Commission. The deadlines for filing these complaints are relatively short.

Why Documentation Is Critical

Discrimination cases often depend on patterns, rather than individual incidents. Therefore, it is important to keep a detailed record of all relevant information. This should include:

  • Dates, times, and places where discriminatory actions occurred
  • Names of any witnesses
  • Exact quotes or descriptions of any comments or actions that were made
  • How the incident affected your work or emotional well-being
  • Copies of any emails, texts, performance reviews, or disciplinary records that may be relevant

It is recommended that you store these records on a personal device or in a cloud-based account, as employers may restrict access if they suspect legal proceedings.

Beware of Retaliation

It is illegal for an employer to take action against an employee for reporting racial discrimination. This can include demotion, exclusion from opportunities, negative performance reviews, or termination of employment. If this happens, it becomes a separate legal issue that can often strengthen the overall case of the employee.

  • My lawyer, Stuart Abney, was the best I could ask for. From my initial meeting with him he was compassionate and willing to listen when I was under a great deal of stress. He had an abundant knowledge of the law and was able to fully inform me from the beginning to the end. When presented with decisions, Stuart, always had a healthy skepticism when presenting and always supported my decision. Most importantly, I was able to get in contact with him easily by text or phone call. I rarely had to call the office. Additionally, my case went for 4 years and Stuart showed perseverance throughout. When things seemed to start slowing down he would push things along. Not one minute in those 4 years or since have I regretted having Stuart Abney as my lawyer. I couldn’t have asked for a better lawyer to represent me. I would highly recommend him.

    Graham

Strict Deadlines: Don’t Miss Your Window for Justice

Under Kentucky law, you typically have 180 days to file a discrimination complaint with the Kentucky Commission on Human Rights. Under federal law (Title VII), you have up to 300 days to file with the Equal Employment Opportunity Commission (EEOC), but only if you first file with a state agency.

These deadlines are strict, and missing them—even by one day—could permanently bar your right to pursue legal action. Therefore, it is essential to consult with an attorney as soon as possible if you suspect discrimination has occurred.

Learn More About Gender Discrimination

Take Action Today—Before It’s Too Late

Louisville is a diverse city with a complicated history regarding race and equality. We believe that every person, regardless of their background, deserves fair treatment, equal opportunities, and respect. If those rights are not respected, we will stand up and fight for them.

If you think you’ve been denied an employment opportunity because of your race or you’ve otherwise been discriminated against based on your race, contact the race discrimination attorneys at Abney Law online or call (502) 498-8585.

Common Race Discrimination FAQs

What legally qualifies as race discrimination in the workplace?

Race discrimination occurs when you are treated unfavorably in any aspect of employment—including hiring, firing, pay, job assignments, promotions, training, layoffs, and benefits—because of your race, color, ethnicity, or associated characteristics (like hair texture or certain hairstyles associated with race, which may be protected). It is illegal under both Kentucky state law (Kentucky Civil Rights Act) and federal law (Title VII of the Civil Rights Act of 1964). Discrimination can be overt or subtle, intentional, or the result of policies that disproportionately and unjustly affect people of a certain race.

What is the difference between disparate treatment and disparate impact discrimination?

These are two primary legal theories. Disparate Treatment is intentional discrimination where you are treated differently because of your race (e.g., being passed over for a promotion given to a less qualified person of a different race). Disparate Impact occurs when a seemingly neutral policy or practice has a disproportionately negative effect on a protected racial group and is not justified by business necessity (e.g., a hiring test that disproportionately screens out Black applicants without being a valid measure of job performance).

What constitutes a racially hostile work environment?

A hostile work environment exists when unwelcome conduct based on race is so severe or pervasive that it creates an intimidating, hostile, or abusive work environment and unreasonably interferes with your work performance. This can include racial slurs, offensive jokes, derogatory comments, racially charged imagery, or other intimidating behavior. Isolated incidents may not be enough unless they are extremely severe. The conduct must be objectively offensive—something a reasonable person would find hostile—and you must subjectively find it abusive.

How do I prove a race discrimination case?

While evidence varies, building a strong case often involves showing: 1) You are a member of a protected racial group; 2) You were qualified for your job or the opportunity in question; 3) You suffered an adverse employment action (e.g., denial of promotion, termination); and 4) Circumstances suggest a discriminatory motive (e.g., the position was given to someone of a different race, discriminatory comments were made by decision-makers, or statistical data shows a pattern). Comparative evidence, witness testimony, and documentation of incidents are critical.

What should my first steps be if I believe I’m experiencing discrimination?

Act strategically and document everything: 1) Meticulously document each incident, including dates, times, witnesses, and what was said or done. Keep this record privately. 2) Review your company’s anti-discrimination policy and follow the procedure for reporting, typically to HR or a supervisor. Making a formal internal report creates a record that the employer was on notice. 3) Preserve all relevant evidence, such as emails, performance reviews, and company policies. 4) Consult with an experienced employment attorney before or soon after making an internal report to understand your rights, the strength of your claim, and to plan your next steps, including possible agency filings.

What is a “Charge of Discrimination,” and when must I file it?

Before you can file a race discrimination lawsuit in court, you must first file a formal administrative charge with either the federal Equal Employment Opportunity Commission (EEOC) or the Kentucky Commission on Human Rights (KCHR). This is a mandatory step. The deadline to file is very short: typically 300 days from the discriminatory act under Kentucky law, and 180 days under federal law (though the 300-day deadline often applies if you also file with a state agency). Missing this deadline can permanently bar your claim. An attorney will ensure timely and proper filing.

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