Despite over 60 years of state and federal laws that prohibit racial discrimination, many workers still experience harassment and disparate treatment in the workplace. You have rights when you experience discrimination due to your race.
A racial discrimination case can help you regain your career and recover compensation for the losses you suffered. A discrimination and harassment lawyer from the California Civil Rights Law Group can review your case and explain your rights and legal remedies.
Laws That Prohibit Racial Discrimination
California started its fight against racial discrimination in 1959. The California Fair Employment and Housing Act (FEHA) protects all residents, regardless of citizenship or immigration status, from racial discrimination in the workplace or in housing. Through various amendments, state law now protects Californians from discrimination on any of the following grounds:
- Race
- Color
- National origin
- Ancestry
- Religion
In addition to these racial and national characteristics, FEHA also protects employees from discrimination based on sex, sexual orientation, disability, medical condition, marital status, or old age. This comprehensive protection means that you may have a claim even when the employer’s acts could plausibly arise from race, ethnicity, or gender identity.
At the federal level, the Civil Rights Act of 1964 also prohibits racial discrimination. Title VII of this act prevents employers from treating workers differently based on their race, color, national origin, or religion.
Workers who experience racial or ethnic discrimination will usually assert claims under both FEHA and federal civil rights laws to provide the most comprehensive claim for damages and other remedies.
Identifying Racial Discrimination
Before addressing discrimination in the workplace, it is worthwhile to address the meaning of “race.” Under the law, race includes both identifiable racial groups and characteristics associated with those groups. For example, Indigenous Americans, Asian, and African are races.
Race also encompasses physical features associated with a certain race, whether the association is accurate or applies to you or not. Skin color, hair texture, eye shape, nose size, and other physical characteristics could act as a stand-in for race.
Racial stereotypes, such as laziness, dishonesty, or stupidity, can also function as a proxy for race. Thus, you might have experienced racial discrimination any time someone’s rationale for treating you differently begins with “you people are…” no matter what follows.
Additionally, you can argue that you were racially discriminated against even if the perpetrator was incorrect about your race. Racial discrimination based on your perceived race is just as illegal as discrimination based on your actual race.
For example, Sikhs who experienced racial discrimination because someone mistakenly thought they were Arab can still have claims for the discriminatory behavior directed toward them.
Workplace racial discrimination claims usually take the following two forms:
Disparate Treatment
This type of claim occurs when you were treated unfairly because of your race. More specifically, illegal discrimination occurs when your employer treats workers of a certain race differently with respect to any of the following:
- Hiring
- Termination
- Compensation
- Career advancement
- Training
- Benefits
- Terms
- Conditions
- Privileges
Employers are also prohibited from segregating or classifying workers based on race to deprive them of employment opportunities or adversely affect their employment status.
Some common grounds for racial discrimination claims that assert adverse employment actions include the following:
- Racially restrictive job postings that discourage some job applicants from responding
- Discriminatory hiring processes that exclude certain races from interviews or job offers
- Racially motivated promotions and demotions
- Layoffs that focus on or protect particular races
- Training, travel, or career advancement programs that are offered only to certain people
- Race-based scheduling, including hours, job assignments, or work locations
- Negative performance reviews due to race or racial characteristics
- Wrongful termination based on the worker’s race
This list is not exhaustive. Although the law is nuanced, if you feel that you were subjected to unfair treatment due to your race, your employment lawyer may be able to prove that racial discrimination occurred.
Hostile Work Environment
The second type of workplace discrimination occurs when the employer creates or allows the creation of a hostile work environment. This environment exposes the worker to unwelcome, severe, and pervasive harassment based on the worker’s race. Harassment becomes a “condition” of employment when the employer knows about it but does not stop it.
There is no magic formula to define when harassment creates a hostile workplace. Instead, courts will often consider both the severity and duration of the offensive acts to determine whether the workplace was hostile or not.
Minor, isolated incidents, like an occasional racially insensitive joke, might not qualify. However, a single severe incident, such as a physical assault or violent threat, might be enough. Likewise, repeated or ongoing incidents, such as notes containing racially offensive symbols, might qualify even though each incident may have been minor on its own.
Examples of offensive conduct that may rise to the level of harassment include the following:
- Racist jokes
- Racial slurs and epithets
- Offensive nicknames and name-calling
- Actual or threatened violence
- Intimidation
- Mockery and ridicule
- Insults
- Offensive objects or pictures
Supervisors and co-workers can also harass you without overtly mistreating you. They can also express their hostility by interfering with your work duties. For example, you may be facing racial discrimination if your supervisor hides your tools so you cannot perform your work simply due to your race.
The standard for determining whether your workplace is hostile is based on whether a reasonable person would have found it intimidating or offensive. This hostility can arise from your treatment by your employer, supervisors, or co-workers.
Your employer usually needs to know about your mistreatment to be held liable. However, this requirement does not mean that you must complain about the harassment. In some cases, reporting racial discrimination is unnecessary if the employer participated in it, approved it, or found out about it from some other reliable source.
Nevertheless, you should consider making a formal complaint to your supervisor or your company’s human resources department to properly document your case.
Proving a Racial Discrimination Claim
Two agencies are responsible for investigating employment discrimination cases. The California Civil Rights Department (CRD) investigates cases at the state level. A CRD complaint is optional. However, if you intend to pursue legal action against your employer, you must obtain a right-to-sue letter from the Civil Rights Department before filing a racial discrimination lawsuit.
The Equal Employment Opportunity Commission (EEOC) investigates cases at the federal level. An EEOC charge is not optional. If you intend to sue your employer under the federal Civil Rights Act, you must first file the EEOC charge and obtain a right-to-sue letter before beginning the legal process in court.
The evidence needed for a racial discrimination claim depends on the type of case you bring. For a disparate treatment case, you must have evidence of your unequal treatment and how it ties to your race. Examples of the evidence you might need to prove your case include the following:
- Performance reviews
- Paystubs
- Schedules and time sheets
- Internal communications, such as texts, emails, and memoranda
- Statements and testimony from supervisors involved in the adverse employment actions
If you pursue a claim for a hostile workplace, you must prove the harassment you experienced and, again, how it ties to your race. Examples of the evidence a Los Angeles race discrimination attorney might use include the following:
- Testimony from other employees who witnessed the harassment
- Testimony and internal communications from those who perpetrated the harassment
- Photographs, videos, and documents showing the harassment
- Copies of any complaints you filed
The process in a racial discrimination case usually involves burden shifting. The employee’s racial discrimination lawyers bear the initial burden of proving what happened and that they were treated differently from those of other races.
If the worker establishes a “prima facie” case of unequal treatment based on their race, the burden then shifts to the employer to prove that there was a non-discriminatory reason.
Finally, the employee’s law firm can rebut the employer’s reason by showing that the reason advanced by the employer was simply a pretext and that the real reason was racial discrimination.
The Role of a Racial Discrimination Attorney
Race discrimination lawyers play an essential role in helping workers seek justice for discrimination in the workplace. They sit at the cutting edge of the law, learning all the legal developments in racial discrimination and harassment cases.
Every Los Angeles race discrimination attorney should stay apprised of changing legal standards for proving discrimination. Staying informed helps the lawyer analyze your case and advise you about your legal options.
Once you have discussed the strength and value of your case, your lawyer will begin investigating. Your lawyer will assist you in gathering evidence to prove racial harassment or discrimination in the workplace.
Your lawyer uses this information to prepare the EEOC charge and any CRD complaint you choose to file. This document will explain and document what occurred. It will also advocate for your right to legal remedies for your losses.
The EEOC and CRD can remedy the situation if your Los Angeles racial discrimination lawyer proves your allegations. However, in many cases, your lawyer will recommend filing a lawsuit to seek compensation for your losses. You can seek the following monetary remedies in these cases:
- Actual damages, including compensation for lost wages and emotional suffering
- Attorney fees
The EEOC, CRD, and courts can order the employer to remedy any adverse actions by rehiring the worker or promoting them to the position they should have attained.
Qualities of a Good Racial Discrimination Attorney
A good Los Angeles race discrimination attorney knows the law. This knowledge comes from both training and experience. A qualified attorney for your case will have years of prior experience handling discrimination cases and a record of successfully resolving them.
Your attorney should work for a fair fee. More specifically, a good lawyer will work on a contingency fee so you can start your case without any upfront payments. Instead, the lawyer should receive payment at the end of the case based on the outcome obtained.
You should schedule a consultation with your prospective lawyer before hiring them for your discrimination case. During this consultation, you should describe your situation so the attorney can evaluate your claim. The attorney will provide legal counsel, advising you of the strength of your claim and the path for enforcing your rights.
This consultation will also give you time to discuss the lawyer’s experience and track record. Ask the lawyer about similar cases and how the lawyer resolved them. A good lawyer will explain the outcomes you can reasonably expect in your case based on their prior experience.
Contact California Civil Rights Law Group for a Free Consultation With a Los Angeles Race Discrimination Attorney
Racial discrimination can affect your bank account, your career path, and your emotional and physical well-being. Fortunately, California and U.S. laws protect workers from workplace racial discrimination in the form of unequal treatment and hostile environments.
Our attorneys have a 99% success rate in protecting workers’ rights in Southern California. Since the firm’s founding, we have recovered over $250 million in compensation for our clients. Contact us to discuss your workplace treatment and how we can obtain justice for you.
