Workers and prospective employees in West Virginia who are discriminated against based on race, religion or other protected characteristics may file a claim against an employer at either the state or the federal level. Before filing a lawsuit under federal law, government administrative charges must be filed with the Equal Employment Opportunity Commission. This requirement applies to individuals in any state. On July 2, three individuals filed an EEOC charge against Facebook for alleged race discrimination.

Race discrimination in hiring

Two of the people who filed the EEOC charge were prospective employees of Facebook who claim that they were capable of performing the jobs for which they applied. Both say that a recruiter told them they were well-suited for the positions based on their education and experience, but neither was given a job offer. One applicant says he has more or equivalent experience to the employees who hold the same position. Both applicants are college-educated and have extensive work experience.

Discrimination in the workplace

The one employee filing the EEOC charge has worked for Facebook since 2017 and says he has been passed over for promotions despite performing well. He stated he heard co-workers using the “N-word” at work and said he had been criticized for trying to get involved with and offer suggestions for diversity initiatives. After asking a recruiter why only one black university was listed on an intern recruitment plan in a way that he says was not aggressive, he was reprimanded by his supervisor and told to apologize. When HR did reach out to hear his suggestions on diversity issues, the discussion did not lead to action, according to the employee.

Race is one of many protected categories under federal and state employment laws, and discrimination can come in many forms, including failure to pay equal wages for the same work or giving an employee unwarranted discipline. If you think that you were discriminated against in the interview or hiring process or at your current job, or if you have been retaliated against or terminated for discriminatory reasons, you may wish to consult with a plaintiff-side employment attorney.