Race Discrimination

Race Discrimination at Work: Know Your Rights

If you believe you’ve been treated unfairly at work because of your race, color, or a trait closely associated with race — including hairstyle or hair texture in some jurisdictions — you may have a legal claim. The right path forward depends on where you work and who you work for. For a general overview of how DC, Maryland, and federal employment law differ, see our Employment Discrimination overview. This page covers what’s specifically distinctive about race discrimination claims.

What Is Race Discrimination?

Race discrimination happens when an employer treats you unfairly in hiring, firing, promotion, pay, or other terms of employment because of your race or color. This can include:

  • Being passed over for a role, promotion, or raise because of your race
  • Race-based harassment, slurs, or a hostile work environment
  • Discriminatory grooming, dress code, or appearance policies that disproportionately affect people of a particular race
  • Retaliation against an employee who reports race discrimination or participates in an investigation

Federal Protection: Title VII of the Civil Rights Act

Title VII is the core federal law prohibiting race discrimination in employment. It applies to employers with 15 or more employees and prohibits discrimination in hiring, firing, pay, promotions, and workplace conditions, as well as retaliation against employees who report violations.

Unlike the ADEA (which applies to age discrimination and generally doesn’t provide compensatory or punitive damages), Title VII does allow both — but subject to a cap, tiered by employer size, generally ranging from $50,000 to $300,000.

Section 1981: A Powerful Additional Federal Option

Beyond Title VII, race discrimination victims have access to another federal law that most people have never heard of: 42 U.S.C. § 1981, dating back to the Civil Rights Act of 1866. It guarantees equal rights to “make and enforce contracts” regardless of race, and courts have long applied it to the employment relationship — including at-will employment.

Section 1981 offers several real advantages over Title VII:

  • No employer size minimum. Unlike Title VII’s 15-employee threshold, Section 1981 applies to employers of any size — even a one-person operation.
  • No administrative filing required. You can go straight to federal court without first filing an EEOC charge
  • A much longer deadline. Section 1981 claims generally have a four-year statute of limitations — far longer than Title VII’s 180- or 300-day EEOC filing window.
  • No cap on damages. Title VII caps combined compensatory and punitive damages at $300,000 for the largest employers; Section 1981 has no such cap.
  • Individual liability. You may be able to sue an individual supervisor or coworker directly, not just the employer.
  • Covers independent contractors, who generally aren’t protected under Title VII at all.

One important exception: if your employer is the federal government, Section 1981 generally does not apply to your claim — federal sector race discrimination is handled exclusively through the Title VII/EEO process described in the federal employees section below.

Which Laws Apply to You?

I work for a private employer or local government in Washington, DC.

DC law covers smaller employers than federal law, separately protects personal appearance — including hairstyle and hair texture — as its own trait, and allows uncapped compensatory and punitive damages. Learn about race discrimination protections in DC

I work for a private employer or local government in Maryland.

Maryland has its own state law protections, including hairstyle protections under the CROWN Act, and its own filing process and deadlines. Learn about race discrimination protections in Maryland

I am a federal government employee.

Federal employees follow an entirely different process — including a strict 45-day deadline to contact an EEO Counselor — regardless of whether you work in DC, Maryland, or elsewhere. Learn about race discrimination protections for federal employees

What Compensation or Remedies Are Available?

While the specific process and damages differ by jurisdiction, workers who prove race discrimination may generally be entitled to:
  • Reinstatement or a comparable position
  • Back pay for lost wages
  • Front pay, in some cases
  • Compensatory damages, including for emotional distress
  • Punitive damages, in cases involving egregious or malicious conduct
  • Attorney’s fees and costs

Note: the availability and size of compensatory and punitive damages varies significantly by which law applies — Title VII caps them, the DCHRA does not, and Section 1981 does not either. See the jurisdiction-specific pages above for details.

Talk to a Race Discrimination Attorney

You don’t have to figure out which laws apply to you on your own. If you believe you’ve experienced race discrimination at work — in DC, Maryland, or as a federal employee — Wilkenfeld Law Office can help you understand your rights and options.

Schedule a consultation

Or call 301.245.3035 ·  Intake@WilkenfeldLO.com

This article provides general information and is not legal advice. Contacting us does not create an attorney-client relationship.
Reviewed by Ari Wilkenfeld, Esq. (DC Bar No. 461063; MD Bar No. 9806240300). Ari has over 27 years of experience litigating in federal and state courts, and before the U.S. Equal Employment Opportunity Commission (EEOC), the U.S. Merit Systems Protection Board (MSPB), and various arbitration panels. Ari has been recognized by Esquire Magazine as “a famously determined Civil Rights lawyer” and by the New York Post as “a high powered DC Lawyer.” Last updated: August 28, 2026.
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