Racial Discrimination Lawyer
Protecting Your RightsDiscrimination in the workplace is particularly pernicious. Workplace discrimination could damage your career and professional reputation. It could deprive you of rightful earnings and benefits. It could even harm your emotional and mental health.
The U.S. Civil Rights Act and California state laws prohibit racial discrimination in employment settings. Everything from job postings to layoffs should be handled neutrally. If race played a part in an employment decision that affected you, you may have a valid claim for compensation against your employer.
ARCH Legal seeks justice on behalf of workers who experience racial discrimination. We can help you pursue front pay, back pay, and other monetary damages from your employer under federal and state law. Contact us today to discuss your legal options.
Racial Discrimination Lawyer: Overview & Legal Protections
Racial discrimination is a broad accusation. In legal terms, discrimination based on race extends to any disparate or unequal treatment of a person of a certain race, perceived race, racial characteristic, or racial stereotype.
For example, harassment or discriminatory conduct related to any of the following characteristics could support a legal claim:
- Facial features
- Hair texture or color
- Skin color or complexion
- Language or accent
The basis for racial discrimination doesn’t need to be specific or even correct — unfair treatment against “Asians” is prohibited just as the law prohibits discrimination against “Chinese.” In the same way, discrimination against an Indian Sikh who wears a turban is unlawful even if the employer incorrectly believed the worker was Arabian.
A closely related concept is discrimination based on national origin. This occurs on the basis of one’s country of origin or perceived country of origin, not necessarily their race. For example, if your employer singles you out from other employees because you have a Russian name, they may have committed national origin discrimination.
Race discrimination can happen even if you’re white. The law prohibits any unequal treatment on the basis of race, including the mistreatment of white employees because they’re white.
Finally, the discriminatory conduct doesn’t need to result from racial differences. A supervisor can engage in prohibited discrimination by treating you unfavorably based on your race, whether you and they are of the same or different races.
Racial discrimination cases in California usually arise under two sets of laws. These laws aren’t mutually exclusive; many cases will invoke both systems.
Victims can pursue claims alleging unlawful discrimination under the following state and federal laws.
The Civil Rights Act of 1964
Title VII of the Civil Rights Act was one of the key triumphs of the civil rights movement. It prohibits companies with 15 or more employees from discriminating on the basis of race, color, or national origin, as well as sex, sexual orientation, or religion. Most racial harassment or discrimination cases against mid-sized or large companies fall under the federal Civil Rights Act.
State Anti-Discrimination Laws
California’s Fair Employment and Housing Act (FEHA) is the state’s primary law against racial discrimination. The legislation protects all workers from race-based harassment and workers at companies with five or more employees from discriminatory treatment.
Employment Discrimination and Workplace Violations Based on Race
While discriminatory acts can take many forms, from racial slurs to unequal pay, Title VII and FEHA cases usually fall into a few broad categories.
Discrimination in the Workplace
Both federal and state law prohibit employers from treating workers differently based on their race. This prohibition includes any unequal treatment in the compensation, conditions, terms, or privileges associated with their job.
Examples of employment decisions that may constitute violations of the law include:
- Hiring and promotions
- Firing and demotions
- Layoffs
- Wages, salaries, commissions, and bonuses
- Non-monetary benefits, such as health insurance or pension plans
- Hours
- Work assignments or locations
- Training
Discrimination can occur in two ways. First, a worker might be singled out for negative treatment based on their race. For example, you might be fired solely due to your ethnicity.
Second, other employees might be selected for positive treatment, leaving another worker out because of their race. Thus, you might have been the only employee in your department who didn’t receive a year-end bonus because of your race.
Hostile Work Environment
A hostile work environment arises when a company subjects or allows its employees to subject a worker to racial harassment. Isolated instances of off-color jokes or racist comments aren’t enough to create a hostile environment. Rather, it happens when the company creates the conditions for frequent or severe offensive or derogatory remarks.
Crucially, the hostile environment must connect to the employer. In other words, the employer must have encouraged the actions or looked the other way once they became aware of them.
Retaliation
Retaliation occurs when an employer takes targeted action against a worker who files a racial discrimination complaint or testifies in support of another employee’s case. The worker doesn’t need to experience racial discrimination directly; it’s enough that they suffer some adverse action due to their material assistance in someone else’s case.
Recognizing and Documenting Race Discrimination at Work
You may have a case for racial discrimination in workplace settings if you’ve experienced unequal treatment or harassment because of your racial background or characteristics.
Any time you have a questionable experience during the course of your employment, document the situation by retaining any emails, memoranda, or other communications. Once you’ve gathered this documentation, talk to a racial discrimination lawyer about whether your experience amounts to unlawful treatment.
Racial discrimination at work can take place in any of the following situations.
Candidate Selection for Job Interviews and Hiring by Race
The protections of Title VII and FEHA extend to job applicants. If a job posting states or implies that it is only open to certain races, the employer or poster may have violated the law. Similarly, a violation may have occurred if race was considered in deciding which candidates to interview or hire.
Job Assignments by Race
Certain assignments may be less desirable than others. If the ground for assigning these tasks is race rather than some race-neutral factor like seniority, merit, or a random draw, the employer may have violated the law.
Unequal Pay Based on Race
Worker pay can vary substantially. However, these variations can’t be based on race, even as a minor factor. If your pay or benefits differ from those of others, and you suspect it’s because of race, there’s a chance your employer has violated Title VII.
Wrongful Termination Race Discrimination
If you were fired due to your race, you may have experienced illegal discrimination. Notably, wrongful termination can also include harassing you into quitting under a doctrine known as “constructive discharge.”
Racist Comments or Messages
Racially charged jokes, comments, messages, symbols, or other forms of communication can create a hostile work environment. In these situations, it’s important to document your experiences and how you reported the perceived harassment to your employer.
Evidence and Documentation to Support Your Claim
Documentary evidence might include written and electronic documents, such as emails, voicemail messages, personnel files, and security video. This sort of evidence can help your lawyer prove what happened and why.
However, employers generally avoid explicitly communicating anything that points to race as a factor in employment decisions. For this reason, plaintiffs must often rely on witness testimony.
Fact witnesses can testify about what they heard or saw, while expert witnesses can look at patterns of behavior and provide opinions based on their experience or training. Both types of witnesses can help tie certain actions to a discriminatory intent or effect.
Filing a Claim: EEOC Process and Deadlines
The Equal Employment Opportunity Commission (EEOC) oversees the enforcement of the federal Civil Rights Act. In most racial discrimination cases, victims must file an EEOC charge before they can pursue a lawsuit in federal court. They normally have 180 days to do this, but the deadline may be extended to 300 days for cases that also fall under California’s FEHA.
The EEOC will begin investigating after it receives a charge. The agency will issue a Notice of Right to Sue in the following circumstances:
- The investigation is complete
- 180 days have passed since the filing of the charge
- The agency agrees that it can’t complete its investigation within 180 days
After the EEOC issues its notice, you’ll have 90 days to file a lawsuit.
Filing a Claim With the California Civil Rights Department
In California, many racial discrimination claims go through the Civil Rights Department. This organization performs an investigation into claims of discrimination, can facilitate mediations between employers and employees, and puts out the “right to sue” notice, which can allow an employee to file a lawsuit.
California provides more time to file a suit than federal law outlines, providing three years from the time the discriminatory act was committed to file a complaint.
Upon filing a claim, the employee may choose to participate in mediation (voluntarily), wait for the investigation (a process that may take months), or request an immediate notice for the right to sue.
If a right-to-sue notice is granted, the employee then has a year to file their lawsuit with the court.
What to Do Immediately After You Experience Racial Discrimination
First and most importantly, gather evidence of what happened. Remember to document your case on your personal device and not a work device, which you could lose access to if you’re terminated.
Write down the date of each incident and the details about what happened. Include the names of anyone who witnessed the incident. If you received anything in writing, such as a reprimand or memorandum, hold onto it.
If you’re shown a document but not given a copy, summarize the document in your explanation so your lawyer can request a copy during your lawsuit.
We are interested in hearing about your workplace troubles
We want to know what harm you have experienced, regardless of who you work for. Let us evaluate your case. We will take you seriously and give you insightful recommendations on the next steps toward a just outcome.
Working With a Racial Discrimination Lawyer in San Diego
Race discrimination employment law can be complex. There are decades’ worth of court cases, including Supreme Court decisions, interpreting the Civil Rights Act. If you’re dealing with discriminatory treatment at work, you need a qualified civil rights attorney in San Diego to review your situation and assess the strength of your case.
Once you start your case, having dependable legal representation is essential. You must have solid evidence that proves what occurred and, just as importantly, that race played a role. An experienced lawyer will know what kinds of evidence will persuade the EEOC or a jury that you suffered illegal discrimination.
You also need a lawyer with the skill to advocate for you in court and seek full and fair compensation on your behalf.
The skilled attorneys at ARCH Legal are known throughout California for their dedication to fighting for workers. Since our firm’s founding, we’ve recovered more than $300 million for employees who have been impacted by racial discrimination. Contact us today to discuss your case and the legal assistance we can provide.
Frequently Asked Questions
What Is Considered Racial Discrimination in the Workplace?
Racial discrimination at work can take two forms. If you’ve experienced pervasive or long-standing racial harassment at work, your employer might be liable for hostile work environment race discrimination. Alternatively, if you’ve been subjected to unequal treatment, you may have experienced unlawful discrimination.
How Can I Prove Racial Discrimination at Work?
You bear the burden of proof in a racial discrimination case. Consequently, you and your race discrimination lawyer will need to compile evidence to explain how your employer improperly considered your race in making employment decisions or in failing to protect you from harassment.
What Are Common Examples of Racial Discrimination in the Workplace?
Discrimination can arise in many ways, including treating an employee differently due to their race when making a hiring decision, determining pay, scheduling, paying bonuses, or terminating employment.
What Should I Do if I Experience Racial Discrimination at My Job?
Retain all documents relating to the incident and note any witnesses who saw what occurred or may have been involved in the decision-making. Report the incident to your employer, then consult a workplace racial discrimination lawyer.
What Evidence Is Needed to Support a Racial Discrimination Claim?
You and your racial discrimination attorney can use various communications, performance reviews, and witnesses to show what happened. If your employer’s purpose is ambiguous, your lawyer may need to subpoena internal documents, such as memoranda and emails that you never saw.
Can I File a Claim for Racial Discrimination if I Was Not Fired?
You can file a claim for any adverse employment action, even if you weren’t terminated. For example, being passed over for a promotion or raise can provide the basis for an EEOC racial discrimination claim or lawsuit.
What Compensation Can I Receive for a Racial Discrimination Case?
You stand to recover compensatory damages if you win your racial discrimination lawsuit. These damages can reflect financial losses, such as the pay you should have received, and costs, such as job search expenses and attorney fees.
Your compensation may also address the impact of the discriminatory acts on you, such as your pain, suffering, and emotional distress.
How Long Do I Have to File a Racial Discrimination Claim?
Ordinarily, victims of racial discrimination have 180 days to file an EEOC charge. However, in California, you can take up to 300 days to file an EEOC charge in cases that fall under both Title VII and FEHA. You have up to three years to file a case under FEHA.
These windows are relatively small, so you should act quickly if you suspect that your employer has discriminated against you.
How Do I File a Racial Discrimination Complaint Against My Employer?
You’ll typically start with an EEOC charge and a California Civil Rights Division complaint that outlines what occurred. You must include relevant evidence to support your complaint. This complaint is essential, as you’ll need authorization from both agencies before you can file a lawsuit.
Why Should I Hire a Racial Discrimination Lawyer for My Case?
Consider hiring a workplace racial discrimination attorney to ensure that your complaint complies with agency rules and states a valid legal complaint. If you proceed with a lawsuit, your lawyer can prepare your filings, collect and present key evidence, and negotiate a settlement or argue your case in court.
Our acknowledgement
Have you suffered harassment or discrimination in the workplace?
Find The Right Attorney For Your Case
Contact ARCH Legal today to speak with an experienced employment law attorney dedicated to protecting your workplace rights. Whether you’re facing discrimination, retaliation, or wage violations, our team is ready to help. Call, email, or schedule a free consultation to discuss your case and explore your legal options.
