Racial Discrimination

Although Federal and California laws protect employees from being discriminated against based on their color, race, ethnicity, nationality, and ancestry, discrimination in the workplace is still an issue today. 

What does racial discrimination look like?

Racial discrimination in the workplace can take various forms.  It can cause employees significant emotional distress and create an unproductive working environment regardless of whether the discriminatory actions are intentional. 

If you have been a victim of racial or ethnic discrimination in the workplace, you understand the devastating emotional effects that discrimination can have. Racial and ethnic discrimination has economic effects as well. 

Imagine if you did not get that promotion you deserve and your long-term career opportunities are restricted solely based on how you look.  If your income is lower than it could be based on discriminatory policies, you may not be able to provide for your family. 

That’s why racial discrimination law professionals suggest working with a competent attorney because discrimination based on race, ethnicity, or national origin is morally wrong and against the law.

What constitutes racial discrimination?

Racial discrimination at work generally involves the unfavorable treatment of a job applicant or employee due to their race, skin color/complexion, hair texture, or other features associated with their ethnic identity. 

Specifically, racial discrimination towards an employee or applicant occurs when an employer:

  • Refuses to hire a person
  • Discriminates against them in terms of pay, benefits, job assignments, promotions, or training
  • Wrongly demotes, lays off, or fires the employee
  • Forces that person to quit
  • Displays racially offensive symbols or images
Racial Discrimination

What are some examples of racial discrimination?

Racial discrimination can also occur when someone, due to their race or a racial feature, is subjected to harassment in the workplace, including, but not limited to:

  • Not being given access to opportunities for promotion based on their ethnicity
  • Being ridiculed, insulted, or mistreated
  • Not being given the same amount of income as others employed at the same post
  • The manager tells racist jokes, promotes stereotypes, or is offensive in any way towards different ethnicities

What are California’s Racial Discrimination laws?

The Fair Employment and Housing Act strictly prohibits discrimination based on race. Racial discrimination is prohibited in the following processes:

  • Hiring 
  • Termination 
  • Payment 
  • And other benefits of employment. 

An employee must demonstrate that an “adverse employment action” was taken against them and that race was a substantial motivating factor if they want to recover damages. 

Who can be sued for racial discrimination?

Employers who discriminate based on race allow the victims to receive damages in addition to front pay, attorneys’ fees, and other compensation. The following entities can be sued for violating California’s racial discrimination statutes:

  • California employers
  • Labor organizations
  • Employment agencies 
  • Apprenticeship training programs
  • Any person or party acting as an agent of an employer 

The definition of an employer also includes the state, state municipalities, and political subdivisions of the state. FEHA does not help victims who are part of a business that employs less than five people, religious associations, or nonprofit corporations. Also, individual supervisors are not held liable for discrimination claims.

California Racial Discrimination Lawyer

It’s important for everyone to take part in the fight against racial discrimination. Courts can take part by fairly representing and protecting the rights of all races outlined in California and Federal laws. 

Report any instances of racial discrimination to your Human Resources Department in writing. Preserve all evidence of any discrimination or inappropriate behavior. If you feel you’ve been wrongfully discriminated against, contact Falakassa Law, P.C. for a free case consultation.

Call 916-680-8486 to get the justice you deserve.