In California, as well as the entire country, every worker deserves and has a complete right to a workplace that prohibits racial discrimination. Unfortunately, racial discrimination continues to be a problem in California workplaces. Data from the California Department of Fair Employment and Housing (DFEH) found that there were 1,548 complaints of racial discrimination in California workplaces in 2020.
When employers take adverse action against employees because of the color of one’s skin rather than the quality of their work, they need to be held accountable. Under no circumstances should employees be passed over for promotions or subjected to a hostile work life because of their race. Maison Law understands that racial discrimination in the workplace is stressful and demoralizing for employees. That’s why our firm works with these employees to fight back.
An Overview of Racial Discrimination in California Workplaces
While it may seem obvious, it can sometimes be difficult to identify or recognize racial discrimination in the workplace. After all, it’s very rare that an employer will brazenly admit to such racial hostility and discrimination. Still, there’s always markers and warning signs to look out for if an employee believes they are the victim of racial discrimination, usually including the following:
- Racially centered jokes, comments or slurs at work.
- Being excluded or passed over for job opportunities.
- Being retaliated against for reporting racial discrimination.
- Failing to promote or hire a potential candidate.
- Failing to take prompt and corrective action against racial discrimination.
Again, discrimination is far more subtle in most cases. If a person is passed over for a job because of their race, employers could provide any number of viable reasons other than the candidate’s race. However, the best course of action for an employee that believes they are being discriminated against because of their race is to trust their instincts and document everything, especially if the treatment is written or verbally occurs around others. Further, there is publicly available data, such as hiring trends and workforce statistics, that may back up claims of racial discrimination.
It’s also important to understand that employers may unknowingly be discriminating against employees because of their race. If a company has certain hiring practices, policies, or general operations that exclude or segregate workers based on their race, they can be held liable for racial discrimination in the workplace.
Racial Discriminaton Protection Under California Law
The California Fair Employment and Housing Act is the primary means of protection from raical discrimination for California workers. As it relates to racial discrimination, the staute outlaws employment discrimination based on the following characteristics:
- Race
- Color
- National origin
- Ancestry
Furthermore, the FEHA applies at every stage of the employment process. This means that racial discrimination is outlawed for any of the subsequent parts of the employment process, including:
- Job postings and advertisements
- Applying, screening, and interviewing for jobs
- Hiring, transferring, promoting, terminating, or demoting employees once hired
- Working conditions, including pay or benefits
- Participating in training or apprenticeship programs, employee organizations or unions
Additionally, the FEHA outlines some other procedures when an employee wants to bring a racial discrimination action agains their employer. Specifically, the FEHA-which applies to any employer with five or more employees-requires the worker to first file a complaint with the California Civil Rights Department before filing a civil lawsuit.
Next Steps After Racial Discrimination in the Workplace
If an employer has reason to believe that they are suffering racial discrimiantion in the workplace, a full understanding of their legal rights and options can determine what the next steps are. There is no way around it: filing a lawsuit is a complex process. When it comes to racial discrimiation lawsuits, there are generally three areas where these claims fall:
- Racially discriminatory treatment – This occurs when the employer knowingly and intentionally subjects the employee to discriminatory tratemnt because of their race. This claim necessitates solid proof that the treatment is based on the employee’s race.
- Retaliation – Like other retaliation claims, these claims have two elements: first, the employee has to show that they complained about the discrimination to superiors or leadership and second, that the employer failed to take swift corrective action.
- Disparate impact – These claims center on the employer’s policies and procedures. If the employee can show that these policies have a disparate-or adverse-effect on employees of a certain race or color, this type of claim could have legs.
No matter how strong an employee believes their racial discrimination case is, every lawsuit is a gamble. That’s why an employee needs expert guidance and experienced legal counsel. Maison Law has years of experience in litigating racial discrimination claims and can guide clients through a complex legal process.
Schedule a Free Consultation to Discuss Your Racial Discrimination Case Today
The team of experienced California employment lawyers at Maison Law are ready to discuss your case. We welcome any opportunity to hold employers accountable for engaging in racial discrimination in the workplace, and can help you understand what your rights are and the merits of your potential case. To schedule a free consultation with our office, contact us today.
