No one should have to choose between a paycheck and their dignity. But for many workers in Michigan, that’s exactly the false choice they’re forced to make. Speak up about racism and risk your job—or stay silent and endure it.

We’ve seen it all. A qualified Black employee gets passed over again and again for promotions while less-experienced coworkers move up. Latino workers get stuck with the dirtiest jobs—and punished for being five minutes late while others get a pass. Muslim employees are harassed for taking prayer breaks. Someone files a complaint, and suddenly they’re written up, micromanaged, or demoted.

At Marko Law, we fight for workers who’ve been shut out, shut up, and pushed aside because of their race, national origin, or skin color. Whether the racism is loud and ugly—or quiet and insidious—we don’t tolerate it. We expose it. We challenge it. And we hold employers accountable under both Michigan’s Elliott-Larsen Civil Rights Act and Title VII of the Civil Rights Act of 1964.

What Constitutes Racial Discrimination at Work?

Overt Racism

This is the kind of behavior most people recognize right away:

• Racial slurs or derogatory “jokes” in the break room
• Offensive memes or cartoons circulated in workplace chats
• Management ignoring or laughing off complaints about racist coworkers

Subtle Bias and Unequal Opportunities

Some of the most damaging discrimination happens quietly:

• You’re passed over for promotions, even though you’re more qualified
• You’re excluded from training programs or leadership projects
• You’re constantly overlooked for raises or high-visibility assignments

Disparate Discipline or Terminations

Look around. Are workers of color being:

• Written up more often for the same conduct as white coworkers?
• Disciplined more harshly for minor infractions?
• Fired under vague “performance” justifications, while others get second chances?

Segregation and Isolation

Discrimination doesn’t always show up on paper:

• Are employees of color kept in the back, out of public-facing roles?
• Are teams or departments “segregated” by race?
• Are you routinely excluded from meetings or office events?

One Pattern or One Major Incident—Both Matter

Under the law, you don’t need a long history of abuse to have a case:

• A pattern of microaggressions or exclusion may be enough
• A single, severe incident—like a racial slur from a supervisor—can also qualify

Your Legal Protections Under Michigan and Federal Law

Title VII of the Civil Rights Act of 1964 (Federal Law)

This landmark federal law prohibits employers from discriminating based on race, color, or national origin in hiring, firing, pay, promotions, job assignments, and other conditions of employment.

• Applies to employers with 15 or more employees
• Covers public and private sector jobs
• Makes it illegal to retaliate against workers who report discrimination

Elliott-Larsen Civil Rights Act (ELCRA) – Michigan’s Own Protection

Michigan’s ELCRA provides some of the strongest anti-discrimination protections in the country.

• Applies to all employers, regardless of size
• Prohibits discrimination based on race, color, and national origin
• Covers hiring, promotions, harassment, discipline, job assignments, and more
• Includes protection from retaliation for making a complaint or assisting in an investigation

Protected Activities: What You’re Allowed to Do

Under both federal and state law, you are legally protected if you:

• File a complaint with your employer
• Report racist behavior to HR or a manager
• Cooperate in an investigation
• File a charge with the EEOC or the Michigan Department of Civil Rights (MDCR)

Agencies That Can Help: EEOC & MDCR

If your employer won’t fix the problem internally, you have the right to file with:

• U.S. Equal Employment Opportunity Commission (EEOC)
  
  • Handles federal discrimination claims under Title VII
  • Must file within 300 days of the discriminatory act
• Michigan Department of Civil Rights (MDCR)
  
  • Investigates claims under ELCRA
  • Must file within 180 days in most cases

What to Do If You Suspect Racial Discrimination

Document Everything

Start keeping a record—immediately. Your notes could become your strongest evidence later.

Track:

• Dates and times of incidents
• What was said or done—especially any racial slurs, biased remarks, or unfair treatment
• Who was involved, including supervisors and witnesses
• Emails, texts, or performance evaluations that show a pattern of bias or retaliation

Pro tip: Use your personal phone or a non-work email. Don’t store this information on your employer’s system.

Report Internally

Most companies require you to report discrimination before taking legal action. That means:

• Filing a complaint with HR
• Speaking to a supervisor or compliance officer
• Following your employee handbook’s reporting procedures

Do it in writing whenever possible—and keep a copy.

File with the EEOC or MDCR

If your internal report goes nowhere, file a formal complaint with:

• EEOC (Equal Employment Opportunity Commission) – Handles federal Title VII claims. You must file within 300 days of the incident.
• MDCR (Michigan Department of Civil Rights) – Handles ELCRA claims. The filing deadline is typically 180 days.

Contact an Employment Discrimination Attorney

Before you sign anything or accept a severance package—call us.

We’ll:

• Assess your case confidentially
• Preserve key evidence
• Handle communications with the company or its lawyers
• Build a legal strategy to pursue justice through negotiation or litigation

Legal Claims You Can Pursue

Discrimination Under Title VII or ELCRA

Both the Civil Rights Act of 1964 (Title VII) and Michigan’s Elliott-Larsen Civil Rights Act (ELCRA) make it illegal for employers to discriminate based on race, color, or national origin.

If you’ve been:

• Passed over for promotions
• Disciplined unfairly
• Paid less for the same work
• Denied training or advancement opportunities

because of your race—you may have a discrimination claim.

Hostile Work Environment Claims

Racial slurs, offensive jokes, or a culture of bias can create a hostile work environment—especially if management allows it or joins in.

To succeed in this claim, we show:

• The conduct was severe or pervasive
• It made your work environment intimidating, hostile, or abusive
• Your employer knew about it and didn’t take action

Retaliation for Reporting Discrimination

Many employees fear reporting racism because they know what might come next: retaliation. But that fear shouldn’t stop you—retaliation is its own legal violation.

Examples of retaliation:

• Sudden poor performance reviews after filing a complaint
• Being demoted, reassigned, or isolated
• Getting fired or forced out

Wrongful Termination

If you were fired because of your race—or because you reported race-based discrimination—you may have a wrongful termination claim.

Employers rarely admit it outright. But our job is to prove it through:

• Employment records
• Comparative discipline data
• Testimonies from coworkers or supervisors

Constructive Discharge

Sometimes the harassment and discrimination become so unbearable that quitting feels like the only option. When that happens, the law calls it constructive discharge.

If your workplace was so hostile that any reasonable person would feel forced to resign, we may still hold your employer accountable—as if they fired you.

Damages Available to You

Back Pay and Lost Wages

If you were wrongfully terminated, demoted, or denied a promotion, you may be entitled to:

• Back pay: The income and benefits you lost from the time of the discriminatory act to the present
• Lost bonuses, commissions, or raises
• Missed overtime or hourly wages

Emotional Distress

Racial discrimination isn’t just a workplace issue. It’s a human trauma.

You may be entitled to compensation for:

• Mental anguish
• Stress, anxiety, or depression
• Loss of sleep, health issues, or therapy costs
• Humiliation and damage to self-worth

Reinstatement or Front Pay

If you lost your job due to discrimination or retaliation, the court can order:

• Reinstatement to your former position
• Or front pay, which compensates for the future income you would’ve earned if you hadn’t been pushed out

Legal Fees and Court Costs

Filing a lawsuit takes resources. But if you win your case, you may be awarded attorneys’ fees and legal costs under both Title VII and ELCRA.

Punitive Damages (in Egregious Cases)

When an employer’s conduct is especially malicious or reckless, the court may award punitive damages to punish and deter future violations.

Racism Is Real—And So Is Your Right to Fight It

You didn’t imagine it. You didn’t overreact. And you’re not being “too sensitive.”
Racism at work is real. It’s painful. And it’s unlawful.

When your employer overlooks, silences, or punishes you because of your race, it doesn’t just threaten your career—it threatens your humanity. But you don’t have to keep your head down. You don’t have to stay quiet. And you don’t have to go through it alone.

At Marko Law, we’ve seen the games employers play—the gaslighting, the cover-ups, the retaliation. We don’t tolerate it. We call it out, we investigate it, and we fight like hell to stop it.

We’ve helped workers across Detroit and all of Michigan take their power back, demand accountability, and win justice that changes lives.

Contact Marko Law for a Free Case Evaluation

📞 Phone: 1-833-MARKO-LAW or +1 313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com

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