Race Discrimination Attorney
Defend Your Rights with a California Racial Discrimination Lawyer
When you work hard every day, but still face unfair treatment from supervisors or co-workers because of your race, it can affect your life in more ways than just being mistreated at your job. In addition to the federal Civil Rights Act of 1964, California has some of the strictest laws regarding discrimination based on race. If you feel like you have been discriminated against in the workplace because of your race or ethnicity, you should have a knowledgeable race discrimination attorney at your side to help you fight for your rights.
Unfortunately, people get fired unjustly or experience harassment at work for being of a particular race. Here at Hershey Law, we know how painful it is to be treated unfairly. We can help you understand your rights as an employee in California and can provide you with expert advice on your unique racial discrimination case.
Contact our employment discrimination lawyers today for a free case evaluation.
What Constitutes Racial Discrimination?
The term “racial discrimination” describes any action taken against someone because they belong to a certain race. It includes everything from making racial slurs and jokes to refusing to hire someone because of their national origin, skin color, or physical characteristics.
The Fair Employment and Housing Act (FEHA) defines several different types of unlawful racial discrimination acts against someone based on their belonging to a protected class:
- Discharging or otherwise discriminating against a person.
- Failing to hire or promote an employee.
- Harassing or threatening an employee. This includes using offensive language or making abusive comments.
- Not allowing an employee to participate in training programs or receive promotions.
- Refusing to transfer an employee to another position.
- Threatening to fire an employee if they file suit under the FEHA.
Racial discrimination can affect every worker across the country, including those who work for small businesses and startups where there isn’t as much oversight in the workplace. That’s why our racial discrimination lawyers at Hershey Law will fight hard to ensure that everyone can earn a living without facing constant bias or discrimination.
Types of Racial Discrimination in the Workplace
There are two main forms of racial discrimination in the workplace: disparate treatment and disparate impact.
Disparate treatment occurs when an employer intentionally treats an employee or job applicant differently because of a protected characteristic, such as race, gender, or religion. An example of disparate treatment would be when an individual is denied a job or promotion because of their race. This can also apply to job applicants that were denied employment based on their race.
Disparate impact discrimination occurs when an employer’s neutral policy or practice treats a protected group worse than others. For example, a company might set hiring goals that require 80% of its workforce to be native-born Americans. This goal doesn’t consider differences among individuals so it will likely discriminate against qualified candidates regardless of the qualifications of those applicants.
While both types of discrimination are illegal, they are different in terms of proof and legal remedies.
Disparate treatment is easier to prove, as it requires showing that the employer intended to discriminate. Disparate impact, on the other hand, can be more difficult to prove, as it requires showing that the policy or practice in question is not job-related or necessary to the business. However, both types of discrimination can lead to significant legal penalties for the employer.
Our racial discrimination attorneys at Hershey Law have years of experience gathering persuasive evidence and fighting for the rights of employees under state and federal law. Our legal representation can help prove racial discrimination cases based on disparate treatment or disparate impact.
How Do I File a Complaint Against My Employer?
If you feel your employer has discriminated against you, you should contact the Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH). The EEOC handles cases involving federal laws and regulations. State agencies like DFEH are specifically dedicated to handling complaints about alleged violations of FEHA.
Both of these government offices will help you file a complaint against your employer. If your claim is rejected, both agencies must give you written notice of their decision and inform you of your right to sue.
Hershey Law – A Trusted and Reliable Employment Discrimination Law Firm
At Hershey Law, we know that every person deserves equal opportunities in life. No one should ever be discriminated against simply because they belong to a certain ethnic background, are a certain gender, or have certain personal characteristics. A Los Angeles racial discrimination attorney from Hershey Law can help you get the compensation you deserve for any discriminatory conduct.
If you believe you have suffered illegal discrimination or are subject to a hostile work environment due to your race, speak with our race discrimination attorneys at 310-929-2190 to set up a free consultation.