Race Discrimination - Brightwood Law Group, PC

Race Discrimination in the California Workplace: Fighting for Equality and Justice

Introduction: Your Right to a Workplace Free from Racial Bias and Discrimination

Every individual deserves the fundamental right to work in an environment free from discrimination based on their race, color, ancestry, or national origin. Racial discrimination in the workplace is not only deeply offensive and harmful, but also strictly illegal under California and federal laws. Such discrimination can create significant barriers to career advancement, fair compensation, and a respectful work atmosphere.

At Brightwood Law Group, PC, we are steadfastly committed to combating race discrimination and ensuring that all employees are treated with dignity and equality. If you believe you have been subjected to unlawful discrimination because of your race, color, ancestry, or national origin, our experienced employment attorneys are here to protect your rights and help you seek justice.

Understanding Race, Color, Ancestry, and National Origin Discrimination

Workplace discrimination based on race and related protected characteristics can take many forms. It involves treating an employee or job applicant unfavorably because they are of a certain race, possess characteristics associated with race (i.e., such as hair texture, skin color, or certain facial features), or because of their ancestry or country of origin. Examples includes:

Race Discrimination: Treating someone unfavorably because of their race.
Color Discrimination: Treating someone unfavorably because of their skin color or complexion.
Ancestry Discrimination: Treating someone unfavorably because of their lineage or the ethnic group from which they are descended.
National Origin Discrimination: Treating someone unfavorably because they are from or are misperceived to be from a particular country or part of the world, because of their ethnicity or accent. Further, national origin discrimination can encompass unlawful “English-only” rules that are not justified by business necessity.

Discrimination based on these characteristics is prohibited in all aspects of employment, including:

Hiring, firing, and layoffs
Pay, benefits, and other compensation
Job assignments, promotions, and transfers
Training and development opportunities
Disciplinary actions
Racial Harassment: This includes being subjected to racial slurs, offensive “jokes,” intimidation, demeaning comments, the display of offensive symbols, or other unwelcome conduct based on an individual’s race, color, ancestry, or national origin that creates a hostile work environment. (Learn more about what constitutes a Hostile Work Environment here).

Key Laws Protecting Against Race Discrimination in California

Employees in California are protected by strong state and federal anti-discrimination laws:

California Fair Employment and Housing Act (FEHA): FEHA is California’s primary law prohibiting employment discrimination based on protected characteristics such as race, color, ancestry, and national origin. FEHA applies to employers with five or more employees, and covers all terms and conditions of employment. FEHA also mandates that employers take reasonable steps to prevent discrimination and harassment from occurring.
Title VII of the Civil Rights Act of 1964: This landmark federal law prohibits discrimination based on race, color, and national origin by employers with 15 or more employees. It covers a wide range of employment decisions and also prohibits harassment based on these characteristics. California’s FEHA was modeled after Title VII, with even broader protections for employees.
Civil Rights Act of 1866 (Section 1981): This federal law, often cited as 42 U.S.C. § 1981, provides that all persons have the same right to make and enforce contracts as is enjoyed by white citizens. This has been interpreted to prohibit race discrimination in employment relationships, and it unlike California’ FEHA or the Federal Title VII, its protections apply to employers of all sizes (no minimum number of employees required).

Recognizing Signs of Race Discrimination

Race discrimination can be overt, but it is often subtle and insidious. Some common signs that you may be experiencing race discrimination include:

Derogatory Comments or Conduct: Being subjected to racial slurs, offensive jokes, stereotypes, or demeaning comments related to your race, color, ancestry, or national origin.
Disparate Treatment in Hiring or Promotions: Being overlooked for jobs or promotions in favor of less qualified or less experienced individuals of a different race or noticing a pattern where individuals of a certain race are rarely hired or promoted into certain positions.
Unequal Pay or Opportunities: Receiving lower pay or fewer desirable assignments, training opportunities, or benefits compared to colleagues of other races who perform similar work and have similar qualifications.
Stricter Scrutiny or Harsher Discipline: Being subjected to more intense scrutiny, nitpicking, or harsher disciplinary actions for minor issues compared to employees of other racial backgrounds.
Discriminatory Policies or Practices: Company policies or practices that, even if appearing neutral on their face, disproportionately negatively affect employees of a certain racial or ethnic group (disparate impact) while not affecting others.
Segregation or Exclusion: Being segregated into certain job roles or departments based on race or being excluded from company events or important meetings.
Retaliation: Facing negative consequences after complaining about race discrimination or participating in a discrimination investigation.

What to Do If You Suspect Race Discrimination

If you believe you have been a victim of race discrimination, you should consider the following:

Document Every Incident: Keep detailed, contemporaneous notes of any discriminatory comments, actions, or policies. Include dates, times, locations, names of individuals involved, and any witnesses.
Preserve Relevant Evidence: Save copies of emails, messages, performance evaluations, job postings, company policies, and any other documents that could support your claim of discrimination.
Review Your Company’s Anti-Discrimination Policies: Understand your employer’s stated policies and any internal complaint procedures.
Report Internally (If You Feel Safe and It’s Appropriate): Consider reporting the discrimination to your supervisor (if they are not the one discriminating), Human Resources, or another designated individual within the company, following established procedures. Keep a copy of any written complaint and the company’s response.
Promptly Contact Brightwood Law Group, PC: Race discrimination cases are complex and involve strict legal deadlines for filing claims with administrative agencies like the California Civil Rights Division or the federal EEOC. An experienced employment attorney can provide invaluable in navigating the complexities of employment law.

How Brightwood Law Group, PC Fights Race Discrimination

Brightwood Law Group, PC is committed to combating racial injustice and ensuring equality in the workplace. We provide strong and compassionate representation for employees who have suffered race discrimination by:

Conducting a Thorough Case Evaluation: We will listen to your experiences in a confidential setting, review your evidence, and assess the merits of your potential race discrimination claim.
Advising You on Your Rights and Legal Strategies: We will explain your protections under state and federal law and outline the best course of action to protect your rights.
Filing Administrative Complaints: We have extensive experience preparing and filing discrimination complaints with the CRD (formerly DFEH) and EEOC.
Skilled Negotiation and Mediation: We will diligently negotiate with your employer or their counsel to seek a fair resolution, including appropriate compensation and corrective actions.
Aggressive Litigation: If a just settlement cannot be reached, our dedicated attorneys are prepared to vigorously litigate your race discrimination case in court to seek justice and hold your employer accountable for their unlawful acts.
Pursuing Full Remedies: We aim to secure all available remedies for victims of race discrimination, which may include lost wages and benefits, recovery for emotional distress, punitive damages, reinstatement or promotion (where appropriate), and changes to discriminatory company policies

If you were fired due to race discrimination, this may also constitute Wrongful Termination.

If you faced negative actions after complaining about race discrimination, learn about Employee Retaliation.

No One Should Be Forced to Endure Workplace Discrimination Because of Their Race

If you have experienced workplace discrimination because of your race, Brightwood Law Group, PC can help. Contact us today for a free and confidential consultation to discuss your situation. Our experienced employment attorneys are here to protect your rights and fight for the compensation you deserve. Call us at [(310) 895-9075 or fill out our online contact form.