Race Discrimination

Workplace racial discrimination is treating workers differently, contingent on their race and racial features. This practice is not only unfair and unethical but also unlawful. Discrimination at the workplace based on race is illegal at the federal and state levels. However, it still happens in the current workplace environment despite being illegal.

Racial features include, without limitation, ethnicity, national origin, and physical features. Examples of physical features include accents, body characteristics, or skin color. It is also racial discrimination when an employer or coworkers regard a worker as of a particular ethnicity.

If you face workplace discrimination because of your ethnicity or race, we at the Sexual Harassment Attorney can assist you. We will help you defend your civil rights and hold your employer responsible for the damage they have caused. We have served the interests of several clients across California and helped them receive the best possible resolution to their workplace discrimination.

We look forward to doing the same for you. With extensive resources, experience, and innovative litigation techniques, we provide dedicated representation. Contact us for a case evaluation.

How Workplace Racial Discrimination Occurs

In California, an employer cannot decline to hire an employee based on ethnicity or race. If they do so, they will have violated federal and California state laws. Discrimination in the workplace based on race can take many other forms. They include when an employer:

Creates or enables a hostile working environment that provides for workplace bullying.
Harasses a worker (or permits somebody else to do so) contingent on race. The harassment might include offensive jokes and racial slurs. It might also include displays of racially offensive symbols or derogatory statements.
Pays a worker less or gives less benefits.
Discriminates against a worker in terms of employment conditions.
Declines to interview or hire a job applicant.
Fires, lays off, or demotes an employee.
Declines to promote a qualified worker.
Forces a worker to quit.
Refers to a worker in a derogatory manner or by a color, for example, white, brown, black, red, or yellow.
Makes racist comments at the workplace.

Racial discrimination entails ethnicity and race, as well as perceived ethnicity and race. Generally, any unfair treatment based on these features is deemed discrimination. This entails treating an employee fairly contingent on the following:

How they look.
Where they were born.
Their national origin or heritage.
The national origin of their spouse, family, or friends.
Their tribal affiliation.
Their linguistic or cultural characteristics.
Their physical characteristics include their skin, eye, or hair color. Physical features can also include hair texture, hairstyle, or facial characteristics.

Discrimination may occur at any employment stage. It could happen during hiring, layoffs, reduction in force (RIF), benefits, or promotions. It could also happen during compensation, termination of employment, job training, or assignments.

Laws Against Workplace Racial Discrimination

Both federal and California laws prohibit workplace discrimination based on race. According to Title VII of the Civil Rights Act of 1964, the right to work is an essential civil right that everybody may exercise. Employers cannot prevent job applicants from obtaining or staying in employment based on race.

Title VII of the Civil Rights Act was enacted in 1964. It was among the primary achievements of the civil rights movement in the 1960s. The movement aimed to achieve equality for every African American in every society. Nevertheless, due to the law's broad wording, it applies to every racial minority, including people identifying as Native American, Asian, or Latino.

The protections under Title VII of the Civil Rights Act against workplace racial discrimination apply to businesses with fifteen or more workers. It covers every aspect of employment, like firing, hiring, wages, benefits, and promotion. Generally, per this Act, any form of unjust treatment contingent on race or ethnicity is illegal.

On the state level, California has the FEHA (Fair Employment and Housing Act). This is a statewide statute protecting workers against workplace discrimination. Under FEHA, employers with five workers or more must not discriminate based on race. This applies to part-time or full-time employees.

The law considers you an employee, whether a job applicant or intern (paid or unpaid). The same applies if you are a temporary employee or permanent worker. Thus, the FEHA gives you the right to work, build your career, and earn a living without discrimination.

Laws against workplace racial discrimination do not apply only to employers. They, too, affect labor organizations and unions, meaning an employer cannot expel an employee from membership due to race.

How California State Protects You Against Workplace Racial Discrimination

Federal and California laws provide strong civil rights against racial discrimination. Each law provides essential protection. The protection is the right to contest any behavior constituting workplace racial discrimination.

If you face negative employment-related decisions at your place of work due to your race or ethnicity, you are entitled to complain. Part of complaining is bringing a legal suit. This protection stretches to employment agencies and apprenticeship programs.

Your employer cannot deny you equal pay with coworkers who do the same work or prevent you from enjoying any other workplace benefit. This protection further applies to all job applicants. During an interview, it is unlawful for a potential employer to ask certain questions. These include those that seek to disclose your cultural heritage or where you come from. The employer can ask these questions only for restricted purposes. Additionally, they cannot use them to decide whether or not they will hire you.

The protection granted under Title VII of the Civil Rights Act and the FEHA also applies to other parties. These are your spouse, known associates, and family members. For example, let us say you face racial discrimination because of your employer's bias against your spouse's or loved one's race. In that case, you are entitled to pursue justice.

Consider this scenario: Your employer has planned to give you a promotion and has even told you about it. However, he reconsiders the decision after seeing your spouse is from a race they do not like. In that case, it would be racial discrimination, and you have the right to sue the employer for this type of conduct.

Signs of Workplace Racial Discrimination

Workplace racial discrimination is, at times, obvious and open. Still, other discriminations could be more nuanced and subtle. Even though it might be challenging to demonstrate this form of workplace racial discrimination, it is unlawful. Today, unconscious prejudice and bias often feature in workplace racism cases.

An indication your employer is racially discriminating against you is improper questioning. This could be at your interview or in the course of employment. The questions could be about your:

Heritage.
Nationality,
Ancestry,
Birthplace,
Cultural heritage,
Parents’ ancestry,
Background, and
Language capability, if irrelevant to the extent of your job duties.

Other indications of workplace racial discrimination might include:

Failing to hire or consider particular job applicants due to their names.
Job segregation: involves putting workers of different races into different kinds of jobs.
Retaliating against any worker who reports racial discrimination.
Failing to prevent or stop jokes concerning race at the place of work.
Promoting particular workers depending on race.
Exclusion from events, hangouts, or meetings.
Unexpected changes or adjustments in job performance reviews.
Enforcing different rules depending on race.
The belief that employees of a certain race cannot be trusted with select work positions.
Refusing to grant pay raises or promotions, which co-workers of a different race enjoy.
Classification of workers. Here, the employer separates workers of a specific race from customer contact. Or they relegate them to particular positions or jobs.
Assignment of workers of a given race to certain geographic areas or establishments. Or doing the same to workers of different colors or ethnicities.
Discrimination against or harassment of workers based on color or race. This includes making or allowing offensive jokes, comments, or other conduct. It also includes making race-related statements that create a hostile working environment. Lastly, it includes making race-related statements interfering with a worker's work performance.
Allowing the harassment of workers based on color or race.

You want to pay close attention to your employer to catch these signs. Favoritism and preferential treatment are the most prevalent racial discrimination signs.

Favoritism and preferential treatment alone are not adequate evidence of racial discrimination. However, there is the preferential treatment that rises to a different degree. It results in your supervisor or employer's actions that do not reward or promote a person contingent on their race. This kind of preferential treatment may be a sign of unlawful favoritism.

What To Do If You Are Being Discriminated Against at Work Based on Race

Talk to an employment lawyer if you face workplace racial discrimination. It is advisable to speak to a lawyer. They can ensure you have taken the steps to substantiate your discrimination case.

You can take various steps to build a compelling workplace racial discrimination case. These include:

Talk to supervisors and human resource representatives. You can also talk to co-workers. They might have heard about or witnessed the discriminatory conduct. Document any conversation you hold with these parties.
Keep records of all discriminatory incidents. For example, the time, date, location, and an account of what transpired. Save all the texts, emails, and other documents supporting your claim. These are considered documentary evidence.
Read your employee handbook. Ensure you know what the employee handbook states. Be deliberate and thorough regarding your next steps. You might have a lot of options to explore as far as dealing with racial discrimination is concerned. Ensure you exhaust all of those options.
Consult with a skilled employment law lawyer. A lawyer can counsel you on your legal situation and rights and assist you in building a compelling case.

Suing for Workplace Racial Discrimination

You are entitled to seek, secure, and stay in a job without racial discrimination. The law allows you to sue your employer if they deprived you of this right in any manner.

You must file a formal complaint before filing a workplace racial discrimination suit. You file the complaint with the administrative body. If it is a federal case, you will file your complaint with the EEOC (Equal Employment Opportunity Commission).

Additionally, you can file a complaint with the local and state administrative bodies. For example, you can file your complaint with the California CRD (Civil Rights Department). CRD is the state administrative agency handling racial discrimination complaints. An employment lawyer can advise on what course of action suits your situation.

After you have filed a formal complaint, the administrative body will probe it. Should it find the complaint has merit, it will take on and pursue the case for you, trying to mediate. If the agency does not take action for you, you may bring a racial discrimination suit. The agency might also decline to take action for you, and then you can file a suit. You might receive a Right to Sue letter. This letter allows you to sue the employer or any other at-fault party.

You must move fast and exercise your civil rights. In many cases, you only have three years to bring a lawsuit. The three-year clock starts ticking from when the discriminatory behavior took place. A racial discrimination lawyer can assist you. They can help you understand the process and how you can proceed.

Per a typical law against discrimination, you must show the following as the victim or plaintiff of racial discrimination:

You were a member of a protected class.
You were eligible for the job position for which you applied. Or, you had met the employer's valid job expectations at the time of termination of employment.
The employer did not hire or promote you. Instead, they promoted or hired someone from outside the protected class. Or, they fired and replaced you with someone outside the protected class.
The circumstances surrounding the employer's termination, promotion, or hiring decision inferred discrimination.
The employer's non-discriminatory explanations for their actions are a pretext of race discrimination. They are incorrect explanations to make their discriminatory actions appear legitimate.

You could file a racial discrimination claim based on:

Disparate treatment: This discrimination is contingent on skin color. It can also involve discrimination due to ethnicity, race, or other similar features.
Disparate impact: an employer might not mean to discriminate against an employee. However, their policies can adversely impact workers of different skin color. They can also affect people of other ethnicities, races, or resembling characteristics.

Particular employer behavior raises questions regarding their intentions and might suggest discriminatory motives. For example, suppose an employer makes pre-employment inquiries. However, the inquiries seek to establish an applicant's racial background. This would then raise a concern that the employer will utilize the details in hiring decisions. An employer who behaves this way can be guilty of discriminatory hiring practices.

Damages You Can Recover in a Workplace Racial Discrimination Claim

The precise damages you can recover vary depending on the specific facts of your case. However, the damages may generally include the following:

Compensatory damages. Compensate for the mental anguish, emotional pain, and suffering the racial discrimination caused.
Front pay and back pay: Front pay compensates for future lost benefits and wages. Back pay compensates for lost benefits and wages you would have received had you not undergone racial discrimination.
Court costs and attorney fees. If you win your claim, the court might order your employer to pay your court costs and attorney fees.
Punitive damages—they punish the employer for their discriminatory behavior. Apart from that, they deter the same employer or others from acting in a discriminatory manner in the future.

Consult with a workplace racial discrimination attorney before pursuing damages. They will help you learn more about what damages you can recover. The lawyer will also help you calculate the value of the damages you should receive. Then, they will ensure you receive the amount you deserve.

Can an Employer Hold a Racial Discrimination Case Against an Employee?

The answer to this question is no. Title VII of the Civil Rights Act protects workers who have discriminatory cases. The Act also safeguards workers who participate in investigations of racial discrimination complaints. Lastly, it protects those who testify at related proceedings. California laws generally have resembling provisions. An employer who acts against these employees is guilty of retaliation. You can lose a workplace racial discrimination case but still win a retaliation case.

Contact a Competent Workplace Racial Discrimination Attorney Near Me

Discrimination based on race is wrong. It robs eligible workers of employment benefits. Contact a knowledgeable employment attorney if you believe your employer is racially discriminating. A lawyer can assist you in understanding the law and its application in your specific situation.

At Sexual Harassment Attorney, we boast the experience you require to protect your employment rights. We also know to help you obtain the justice and compensation you deserve. We do not tolerate injustice. Thus, we have been helping workplace discrimination victims throughout California confront their employers. We can help you secure the best possible outcome by providing expert counsel on the right steps. Call us at 800-905-1856 for a consultation and case evaluation.