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Discrimination can happen to anyone, regardless of race, religion or any of the other variables that make us unique as human beings. People of European descent can be victims just as surely as anyone else. So what do you do if it happens? What Constitutes Discrimination? Our focus in this article is on racial discrimination against European Americans. The most common type of discrimination is that concerning employment, but it is also against the law to discriminate in access to voting, housing, education, or to services offered in public businesses. Discrimination is often difficult to prove. You must be able to show evidence of discriminatory motive. If someone says outright that “I can’t hire a white man here” or “I don’t want honkies in my restaurant,” that’s strong proof. Usually discrimination is more subtle than that. A computer programmer might be asked in an interview, “Would it bother you being around people who only speak Chinese on the job?” or something similarly hard to pin down. Often, a case must be constructed by proving a pattern of unfair practices against European Americans. This is not simple or easy, though sometimes it can be done. You must also be able to demonstrate that you have been injured in some way by the act or acts in question. If the harm is small, the case may be thrown out of court. Usually, someone calling you by a racial slur will not suffice - unless it happened a number of times and you can show that you suffered lasting psychological distress or financial loss. What to Do The federal government, and some state or local governments, have agencies that look into discrimination claims. You must often go to these agencies first, before filing in court. Before suing for employment discrimination, for example, you usually have to file a “charge of discrimination” with the Equal Employment Opportunity Commission (EEOC) within either 300 days or 180 days, depending on where you live. Unless the evidence is good, the charge will be returned to you with the notation that there is not enough information or evidence for further agency action, but that you have the right to sue in court. This right expires in 90 days, however, and if you do not file within that time the opportunity is permanently lost. You should try to hire a lawyer as soon as possible after the act of discrimination. If you do not have a lawyer on the case before getting a response from the government agency in question, you may find that lawyers will not be interested in working for you; their caseloads are typically very heavy and they will not want to be pushing a deadline for expiration. Get a lawyer who specializes in discrimination, since this is an ever-changing aspect of the law and a general practitioner is not likely to be on top of current developments. Above all, get someone whose judgment you can trust. Some lawyers focus on class action cases, in which a number of people claim discrimination at a particular organization or company. This can be efficient and easier on you than trying to go it alone. If your evidence is quite strong and you have suffered a great deal of psychological or financial damage, your chance improves of finding a lawyer who will accept your case on a contingent basis. This means they will get paid at the end of the trial after a court victory or a settlement. Some will want up to half of the amount you are awarded if the case goes to trial, and you are almost certain to have to pay some of the costs involved in getting the case ready for court. Any lawyer should be able to give you an idea of how strong or weak your case is, and how much you should be able to win in the case of damages. Be ready to show in detail how you have been damaged. Income records, medical records, psychiatric records - your private life will become public. Be prepared to stay involved with the case and do not be discouraged if time goes by and not much seems to be happening. Hang in there and be ready to do some of the footwork yourself if it will keep your lawyer on task.
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