Expert: Michael Troy - 6/12/2011

Question
QUESTION: I am a mural artist. The Director of a city art program, publicly announced, at one of my unveilings, I would always have work with the organization. I have been without work from them for two years, while younger, non-Black artists are given major projects throughout the city. When I ask about it, I am told there is SUDDENLY no money for projects. It doesn't matter that I uncover excuses as lies. They continue. They seem confident I cannot do anything about it because Black employees are placed up front in titled positions, which give the impression race is not a factor in choosing artists. These Blacks cooperate even though paid less than no-black persons. Some Black artists, who avoid challenging who are receiving the BIGGER
incomes, are given small projects.

Question: Is there any recourse against the measures they have used to cover on-going discrimination?

ANSWER: Hello, and sorry to hear about your situations.

First, let me say that I cannot provide legal advice in this forum.  For that, you would need to consult with an attorney in your State who can review fully all the facts and laws regarding this situation.

I will say generally, however, that racial discrimination is illegal, not only in hiring but also in providing contracts and in most other areas of economic activity as well.  Even if black employees are making the decisions, they still may not discriminate when selecting contractors.

The hard part, of course, is being able to prove that.  If sued, the city would likely argue that the reason for the change was that the other artists' work was preferred, that you were difficult to work with, the costs were cheaper, or a variety of other reasons.  Proving to a judge or jury that the real motivation was race can be difficult absent a witness willing to admit the real reason, or some email or memo that makes clear some racial motivation.

You certainly have the right to sue, and to gather evidence through discovery.  You may want to consider discussing your case with an attorney, who may be willing to take the case on contingency, meaning there would be little or no cost to you.  In discrimination cases, you can often have your attorney fees paid by the other side if you win.  Another option would be to contact a group such as the NAACP or other organization that specializes in discrimination cases.  They may help to find a lawyer, or might race the issue in the press, enough to get the city to reevaluate its decision making process.

I hope this helps!
- Mike



---------- FOLLOW-UP ----------

QUESTION: Thank you, Mr. Troy
I would like to address a couple of your comments before closing.

1. Many years ago, my innocence was Reeducated about the NAACP. It turned out not to be the saving grace average people might assume. After making sure you've $PAID$ a yearly membership,you get, "Sorry, but..."
They've become thick skinned to so many cases and only the HIGH profile ones are worth the time and effort. A person, probably, has to BE Black to discover this reality.

2. I have emails from the Mural Program, wherein they claim NO CURRENT MONEY. Then, an article comes out, stating they received a 1/2 million grant to do a project perfectly suited to my background. It has gone to someone younger and Caucasian. This has been the pattern for years.

3. I have another series of emails wherein they claimed I refused a job, but my evidence shows they WITHDREW the opportunity in the face of me requesting it. They MUST know I've been saving emails. Yet, certain Clarence Thomas-like, Black employees pose as cover.

4. Finally, I did not know a lawyer would take a discrimination case, in these days of sophisticated discrimination,on contingency. I'd love to find who THEY are!

Thank you for your help

Answer
I'm not sure about the difficulty in finding a lawyer.  It really depends on how difficult the case is to make.  If there is a "smoking gun" that makes the case easier, attorneys are more likely to want it.  If all the evidence is highly circumstantial, and there is a good chance the case will lose, attorneys are less likely to want to risk their time and resources.  Shopping the case around may give you a better indication of how strong a case you have.

- Mike