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When racial discrimination occurs, it is important that you speak up and take action. If it happened to you, it will probably happen to someone else. This treatment cannot be allowed to continue.
The first step is one of the easiest. Schedule a free consultation with our dedicated workplace discrimination lawyers in Orange County. Your meeting is entirely confidential. If you are unsure that what you are experiencing is racial discrimination, our team of Orange County workplace discrimination lawyers can help you figure out if filing a claim is the right course of action.
We are ready to meet with you and help you figure out next steps. Call Aegis Law Firm today at (949) 379-6250. Our Orange County race discrimination attorneys are here for you.
Racial discrimination is an ugly reality for many people in the workplace. This behavior has no place anywhere in society, particularly not the workplace where you should be seen as a valued part of the team.
The U.S. Equal Employment Opportunity Commission (EEOC) defines race discrimination as treating an employee or applicant unfavorably based on their race or due to personal characteristics commonly associated with race, such as skin color, complexion, hair texture, or facial features. Race discrimination may also involve treating someone negatively due to them being married to or associated with a person of a particular race or color.
Race discrimination can occur when the victim and the person who perpetrated the discrimination are the same race or color. Likewise, race discrimination also applies to perceived race or color.
Race discrimination is forbidden under the law in relation to every aspect of employment, including hiring, firing, pay, promotions, benefits, training, employee assignments, or any any other condition of employment.
Most people are aware that they cannot get away with outright discriminatory behavior. Many of them are probably unaware they are even exercising prejudice. However, lack of intent does not make the situation any less uncomfortable for those affected by it.
Some signs that race discrimination is taking place in the workplace include:
These are not always easily identifiable in the workplace, which is why they often go unnoticed and unreported. It is up to you to observe the culture of your work environment and speak up when something seems off.
Race discrimination can take many forms, some of which develop gradually over time. Common examples include:
These patterns often become clear only when viewed collectively, which is why documenting workplace behavior is critical.
Damages available to victims of race discrimination will vary depending on the type of discrimination and the extent of harm the discrimination caused.
Awarded monetary damages may include:
A successful race discrimination claim may also result in equitable remedies such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile workplace. In rare cases, plaintiffs may also be awarded punitive damages as a way to punish an employer for particularly egregious wrongdoing.
Filing a race discrimination claim involves several important steps and strict deadlines.
Missing a filing deadline can permanently bar your claim, which makes early legal guidance essential.
California provides some of the strongest protections against race discrimination in the workplace through the Fair Employment and Housing Act (FEHA). FEHA applies to employers with five or more employees and prohibits discrimination based on race, color, ancestry, national origin, and related characteristics.
It is unlawful for an employer to:
“Refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or bar or discharge the person from employment, or discriminate against the person in compensation or in terms, conditions, or privileges of employment.”
FEHA also prohibits employers from enforcing policies or practices that appear neutral on their face but disproportionately harm employees of a particular race when those practices are not job-related or consistent with business necessity.
It is unlawful to retaliate against an employee, “because the person has opposed any practices forbidden under this part or because the person has filed a complaint, testified, or assisted in any proceeding under this part.”
In other words, an employer cannot take adverse actions against you for making it known that you oppose race discrimination, file a complaint, participate in an investigation, or assist another employee with a claim.
Race discrimination claims are rarely supported by direct admissions. Employers typically deny wrongdoing and rely on performance-based explanations to justify adverse actions. An Orange County Race Discrimination attorney helps uncover whether those explanations are legitimate or a cover for unlawful bias. They can:
Most importantly, an attorney strengthens your position by presenting your claim under the correct laws and with the evidence needed to hold the employer accountable.
Accusing an employer or coworker of race discrimination is not easy. Our Orange County race discrimination attorneys understand that this is a big step and not a decision people make lightly. If you feel racial discrimination takes place in your workplace, take detailed notes of what you have observed. Speak with others you trust to get their take on the situation and discuss your concerns with a supervisor or HR. Make sure you have documented evidence of any meetings with supervisors, as you will need them if you need to file a claim.
Your initial consultation with our Orange County racial discrimination lawyers is offered at no charge. We are discreet and will not move forward without your explicit permission. Contact us today.
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