It’s an unfortunate reality that racism is still very real and prevalent in nearly every institution of power. According to a Harvard poll, 57% of Black Americans experience some form of discrimination in the workplace, including lack of promotions and pay in comparison to their white counterparts. Likewise, 54% of Native Americans reported similar experiences in the workplace. The same survey found that 60% of the surveyed Black Americans reported they or their loved ones have had a negative experience with police officers, while 22% avoid medical health institutions for fear of discriminatory acts.
A significant reason why these discriminatory acts continue is that people in positions of power — such as employers, law enforcement, landlords, mortgage lenders, medical professionals, etc. — may not be held accountable for their actions. If you’re on the receiving end of discrimination, you aren’t powerless. Instead, a demand letter can keep people accountable against discrimination, and you’ll have a legal solution, no matter the circumstance.
Understanding Racial Discrimination
Racial discrimination can take various forms. It can be derogatory words. It can be an employer unlawfully firing an employee or neglecting to pay a fair wage. It can be a doctor refusing proper treatment to a patient complaining of pain. It can be a landlord evicting a tenant unfairly. Ultimately, any act of discrimination can risk the health, safety, and well-being of people of color.
Discrimination in the workplace
Discrimination in the workplace is considered illegal under ordinances filed under the United States Office of Federal Contract Compliance Programs (OFCCP). An employer can commit an act of discrimination by doing the following:
- Denying you employment;
- Firing you;
- Disciplining you;
- Paying you less;
- Demoting you;
- Defaming you.
Acts of discrimination in the workplace are considered discrimination if your employer made them based on your race, religion, gender, disability, and veteran status. If this is proven to be the case, your employer will be liable for any further legal action.
Discrimination in the Education Institutes
As another institution of power, education in all its forms — public or private — can be found liable for acts of discrimination under Title VI of the Civil Rights Act of 1964. Acts of discrimination in education can look like:
- Expulsion;
- Disciplinary acts;
- Suspension;
- Denied access to gifted programs.
Ultimately, an act of discrimination in education prevents a person of color from receiving the benefits of education based on their ethnicity or race. Many argue that some of these acts of discrimination in education may not be on purpose, but rather, a teacher or school administrator will act based on an implicit bias. Regardless of the intent, however, these actions still deserve legal pursuit.
Housing Discrimination
If you are seeking housing, either to rent or own, you may experience discrimination. Previous owners, landlords, and mortgage lenders may be liable to pay for compensation if they:
- Refuse to sell or rent housing;
- Discourage buying or renting a property;
- Raise rent costs unfairly;
- Evict unfairly;
- Limit services of a building;
- Refuse mortgage loan as a lender;
- Offer differing conditions for a loan;
- Harrass;
- Only offer a loan based on your response to harassment.
Again, with other forms of discrimination, you must provide proof that these acts are made based on your race, religion, gender, nationality, or disability status. This evidence proves that your landlord, the previous property owners, or the mortgage lender is acting without “just cause,” which can be considered retaliatory and a form of discrimination.
Public Services Discrimination
Whether a police officer harasses you without probable cause, a doctor doesn’t provide necessary treatment for a medical condition, or a vendor turns you away based on the color of your skin, you may consider taking legal action for racial discrimination. These acts are considered illegal under Title II and VI of the Civil Rights Act. Title II states that all people have the right to benefit from public accommodations, goods, privileges, and services. In contrast, Title VI states that all people have the right to receive benefits from government-funded programs and services.
In addition, many states have their own set of equal rights laws that protect people of color and prohibit acts of discrimination from state services and those employed in them.
Sending a Demand Letter in Discrimination Disputes
When faced with any act of discrimination, some may do nothing. Some may turn to a lawsuit. However, you can turn to legal action somewhere in the middle: a demand letter. A demand letter is a formal document that an attorney drafts for you and lays out the act of discrimination, outlining which state and federal laws the act of discrimination violates. By bringing attention to the offender and the illegality of their actions, you can demand they cease any further acts of discrimination and ask for compensation.
A demand letter underscores the seriousness of the offender’s actions and gives people of color a voice before escalating to further litigation and legal action.
Demand Letter vs a Lawsuit
A demand letter differs from a lawsuit in that it is often resolved more quickly. Demand letters don’t necessarily lead to a state or federal court. With a demand letter, the two parties attempt to resolve their dispute outside of court. As a result of the letter, the offender can respond and offer compensation more quickly than if it was settled in court.
Many people would rather pay compensation fees outlined in a demand letter than pay more for the attorney fees it would take to fight a lawsuit. Demand letters balance your serious intentions to pursue compensation and offer a compromise to the offending party that may be less costly than a lawsuit.
Prepare and draft a Demand Letter
To give a draft letter in response to racial discrimination, you must first reach out to an attorney. They may also be integral if the demand letter proceeds into a civil lawsuit. They will also know what to include in a demand letter:
- Evidence: Gather all relevant evidence and documentation that supports your claim of discrimination. Evidence may include emails, text messages, witness statements, photographs, or other materials that prove just cause for the letter.
- Description of the act of discrimination: Provide a detailed account of the discriminatory acts, including dates, times, locations, and any witnesses or other individuals involved. This narrative should also outline what happened and how the incident impacted you emotionally, physically, financially, and more.
- Legal basis for the claim: Cite the specific federal and state laws violating the act of discrimination. Doing so underlines the seriousness of the allegations and demonstrates that you have a legal basis to pursue compensation, as you know your rights.
- Specific demands: Clearly state what you are seeking as a resolution. This could include financial compensation for damages, an end to the discriminatory behavior, or other appropriate remedies.
- Deadline for response: Set a reasonable deadline for the offender to respond to your demands.
An attorney should know to include these details, but you should also know this to provide factual information for your attorney. You or your attorney should write your demand letter in a professional tone and avoid any overly aggressive or emotional language that could undermine the letter’s intent. Instead, your demand letter should stay respectful as a way for you to seek justice.
Send the Demand Letter
Next, you’ll need to send the demand letter. Again, an attorney should be able to point toward recommendations of how you should send the letter, and they may be able to email the letter themselves to represent your interests and rights against the offending party. Otherwise, consider the following options when sending your demand letter:
Mail: Sending your demand letter through snail mail is one of the most official ways to do so, as most official mail is sent through this avenue. However, it may take longer, and the offender may not see the letter as urgent.
Email: This method is one of the fastest and most impartial methods. You’ll be able to communicate quickly and attach evidence to your demand letter easily, but you may also risk the email ending up in the offender’s spam folder. Depending on the offender, they may also not perceive it as an official letter.
In-person: Having a third party deliver the letter in person ensures that the offender receives the letter. However, they may also respond negatively as it may seem more intimidating. In addition, it may be more time-consuming to coordinate the delivery of the letter by hand when your offender is trying to avoid any kind of confrontation.
If you find one method less effective, you can always combine them to ensure your offender receives your demand letter.
How HR Departments Handle Demand Letters
If the racial discrimination you experience occurs in a workplace environment, you’ll often send your demand letter to the HR department of that organization. Often, HR professionals have the training to take these matters seriously and consider the following options as a way to respond to the letter:
- Investigate the claims: In addition to evaluating the evidence provided in your demand letter, HR will investigate the claim independently, which may include interviewing witnesses, reviewing timesheets, or going over any video evidence.
- Provide financial compensation: If they find any validity to your claim, they may counteract your demand letter with financial compensation, whether you asked for it or not, to convince you not to pursue further legal action. HR may conclude this sum by calculating funds for emotional distress, lost work time, medical bills, etc.
- Offer a career opportunity: If an employer denies you a career opportunity based on your skin color, HR may offer a career opportunity to right the wrong, including offering a promotion or opening up a position for you.
- Update workplace policies: If the HR department finds validity to your claims and a systematic issue of racial discrimination, they will often update workplace policies to change the company culture and avoid future incidents.
- Offer free mental health services: To help compensate for the mental turmoil you endured because of the acts of racial discrimination, your HR department may offer to cover any fees associated with seeking a counselor, a psychologist, a psychiatrist, or other mental health professionals.
- Turning down demand letter requests: If, after an independent investigation, the HR department doesn’t find your claims valid, they may decline to meet any of the demands listed in your demand letter or sub-optimal compensation as a compromise.
It’s best to anticipate these outcomes when sending your demand letter and respond accordingly.
Do People Take Demand Letters Seriously?
Most organizations who want to maintain their reputation will take a demand letter seriously. Otherwise, they could risk a costly lawsuit and all of the attorney fees associated with it. As such, organizations will try to respond to your demand letter promptly, either meeting your demands or refusing to do so. However, individuals who do not know the gravity of demand letters may neglect to respond to your demand letter. Either way, if you have evidence of racial discrimination and the offender doesn’t meet your demands, you can always take further legal action.
Actions after sending Demand Letters for Racial Discrimination
Most of the conflicts from demand letters occur while sending or responding to a demand letter. As mentioned, your offender could respond in varied ways, and it’s essential to know the following steps after sending the letter.
Monitor and Evaluate the Response
After sending the letter, you and your lawyer must document the response or document a lack of response. The best way to document responses is by keeping a record of emails, phone calls, meetings, or letters that pass back and forth. You can also include summaries for each conversation.
If the offender responds, your actions after that will depend on whether they respond positively or negatively. If they respond positively and agree to meet your demands, you should draft an agreement outlining the compensation, changes in action, or other demands that your offender agrees to make. From here, both you and the offender will sign the document that becomes legally binding. If they fail to meet these demands after signing, you can pursue legal action, as this document holds them accountable.
If they respond negatively to the demand letter by refusing to meet your demands, you must consult your attorney about the next steps and options, including filing a lawsuit.
Negotiation
Your offender may also offer a counter-offer to your demand letter, where they’ll negotiate your demands to stay outside of court but find a compromise that isn’t as extensive as your original demands. During these and any kind of negotiation, it’s essential to have an attorney available to protect your rights and help you achieve a fair settlement.
In addition, you should come prepared for the negotiation by researching your offending party’s interests and considering your response to their counter-offer. No matter their response, you should stay impartial to increase your likelihood of reaching a fair settlement. Also, listen. If you use active listening skills, you can catch a solution that both parties will be happy with.
Once your negotiation ends, you will draft and sign a settlement agreement or proceed to further legal action.
Further Legal Action
Suppose your offender ignores your demand letter, refuses to negotiate, or can’t reach a settlement before your pre-determined date outlined in the demand letter. In that case, you can proceed to further legal action or file a lawsuit. Again, your lawyer or attorney can help file a civil lawsuit, which will then go to varying courts, depending on the nature of the claim and who you’re suing.
You may also want to consider filing a complaint with the relevant government agency associated with the act of racial discrimination. For example, if your landlord evicted you unlawfully based on your race, you would then file a complaint with the U.S. Department of Housing and Urban Development (HUD), or if your employer fired you, you would file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC).
From here, the offending party will receive a copy of the lawsuit and a summons to appear in court. If they do not respond within a given timeframe, such as 30 days, you will automatically receive the damages outlined in the lawsuit. Otherwise, your offending party will either admit or deny the claims or dismiss the case if your case lacks legal merit. Afterward, both parties will gather evidence for the case and present it to a judge and/or jury.
You Deserve Fair Treatment
Ultimately, your rights matter. Racial discrimination doesn’t and shouldn’t go unnoticed. The best way to avoid the ongoing prevalence of racial discrimination is to stand up through legal action like a demand letter.
In each step following a demand letter, use Cape Justice for legal advice and representation if you’re filing a demand letter or lawsuit in California, Texas, Illinois, Ohio, Florida, Georgia, Pennsylvania, New Jersey, Massachusetts, Connecticut, and New York. Our expert team of lawyers can provide the justice you need. With our online assistance, you can reach a settlement all from the comfort of your home.
Resources for Filing a Demand Letter for Racial Discrimination
If you need further assistance or more information about drafting or sending a demand letter based on an act of racial discrimination, use these resources:
Government Agencies
- EEOC: The EEOC is a government agency that establishes standards for businesses and organizations employing and hiring among the American public. One of their standards includes the Equal Pay Act, which outlaws workplace discrimination. If you’re experiencing racial discrimination in the workplace, you can file a charge for further action.
- HUD: The HUD is a government agency that assists those experiencing housing discrimination under federal fair housing laws. You can file a complaint here for further legal action.
- Civil Rights Division of the U.S. Department of Justice: Under the Civil Rights Act of 1964, the U.S. Department of Justice created a civil rights division that upholds the constitutional rights of all U.S. citizens, including people of color. You can report a violation to uphold the Civil Rights Act with them.
Advocacy Groups and Community Organizations
- ACLU: The ACLU is a national organization with over 54 chapters across the United States that provides attorneys and advocates for those fighting racial discrimination in U.S. legal courts.
- NAACP Legal Defense Fund: As a nonprofit, the NAACLP has a reserve of funds available for people of color seeking legal assistance against acts of racial discrimination and racial-based violence.
Online Resources and Hotlines
Intersectional Support
- National Women’s Law Center: This non-profit provides legal and emotional help for women of color facing racial discrimination.
- Benefits.gov: An online directory of government benefits to help low-income individuals connect with agencies that can help them with assistance, which can include grants for legal support.
- Human Rights Campaign: A foundation dedicated to providing resources and legal assistance to individuals of the LGBTQ+ community facing discrimination, including racial discrimination.
- National Veterans Legal Services Program: Non-profit that offers legal assistance to veterans experiencing racial discrimination.
Disclaimer: This article is provided as general information, not legal advice, and may not reflect the current laws in your state. It does not create an attorney-client relationship and is not a substitute for seeking legal counsel based on the facts of your circumstance. No reader should act based on this article without seeking legal advice from a lawyer licensed in their state. This page includes links to third party websites. The inclusion of third party websites is not an endorsement of their services.
