Our Los Angeles National Origin Discrimination Lawyers Will Help You Demonstrate a Pattern of Prejudicial Conduct
There is a subtle distinction between discrimination based on your race as opposed to bias against your national origin. National Origin prejudice takes many forms. For example, company policies that demand an employee solely communicate in English, when the worker does not perform customer service or administrative work, are considered discrimination. You may not be promoted because a supervisor does not like your accent—but the job is in informational technology, and technical skills are more important than speaking. You could even be a second or third-generation American and still receive prejudicial treatment because ‘all Arabs are terrorists’.
Understanding Federal and California National Origin Discrimination Law
Both Federal and California laws proscribe discrimination against a worker because of national origin. The plaintiff will receive damages for lost wages if he or she can prove his or her case in court. You could also receive compensation for your attorney’s fees and expert witness fees. California State law allows for more damages than Federal law. You should talk to an experienced employment attorney in Los Angeles about whether to begin your claim on the State or Federal level.
National Origin Discrimination in Los Angeles
Los Angeles is a diverse city with a wide range of industries and professions, attracting people from various backgrounds and occupations. Some examples of national origin discrimination that occurs in LA may include:
Hiring and Promotion
Discrimination can happen during the hiring process, where employers may favor candidates from certain nationalities or exclude others based on their national origin. Similarly, when it comes to promotions, employers may show bias by favoring individuals from particular backgrounds over equally or more qualified candidates from different national origins.
Pay and Benefits
Employees with the same qualifications and experience may receive different compensation solely because of their national origin.
Job Assignments and Opportunities
Employees may be denied certain job assignments, training opportunities, or projects based on their national origin, limiting career growth and advancement prospects.
Employers may impose language requirements that are not necessary for the job, resulting in discrimination against individuals who are not native English speakers or who have accents associated with a particular national origin.
Employees who report national origin discrimination or participate in related investigations may face retaliation from their employers or colleagues. Retaliation can be demotion, termination, negative work assignments, or other adverse actions.
Segregation and Exclusion
In some cases, employees may be segregated or excluded from certain work activities, teams, or opportunities solely based on their national origin.
These examples represent common types of national origin discrimination in the workplace, but discrimination can take various other forms depending on the specific circumstances.
Harassment and Hostile Work Environment
Offensive comments, jokes, slurs, or derogatory remarks targeting an individual’s national origin. This behavior creates a hostile work environment and can negatively impact employees’ well-being and job performance.
Harassment of any kind is difficult to punish. This is because it is difficult to prove that the person made the comments with malicious intent. However, by using statistics from within the workplace, it is possible to obtain enough evidence that the comments were meant to be degrading. These types of cases are subjective. The plaintiff must prove that the comments were in direct relation to his or her national origin. Even if the comments are infrequent, they can still have a damaging effect on employees.
It is important that the employee has made it clear to the offenders that their comments and actions have been unwelcome and that they wish it to stop. This helps the plaintiff’s case. The plaintiff should report the harassment to a supervisor or Human Resources (HR). Employers must take all reasonable actions to prevent harassment in the workplace. Failure to do so creates a liability for the employer. And, there is a greater chance that the case will end in a settlement of some kind of the plaintiff. If the harassment continues even after the employee has discussed it with a supervisor, the complainant will have a stronger case. This is because of the fact that they approached both the violator as well as the supervisor about the harassment.
Filing a Discrimination Complaint in California
If you experience workplace discrimination in Los Angeles, including national origin discrimination, you have the option to file a formal complaint. Here are the general steps:
- Gather Relevant Information: Collect and organize any evidence related to the national origin discrimination you experienced. This may include emails, documents, witness statements, photographs, etc.
- Contact the DFEH: The California Department of Fair Employment and Housing (DFEH) handles complaints related to employment discrimination, including national origin discrimination. You can contact them by phone, mail, or through their online portal.
- Await Investigation: After submitting your complaint, the DFEH will review your case and initiate an investigation. They may contact you for additional information or evidence. The investigation process can take time, so be patient and cooperate with the agency.
If you need assistance filing your complaint, encounter challenges, or if the agency’s investigation does not satisfactorily resolve your complaint, seek legal advice from an experienced employment attorney who specializes in discrimination cases. They can help you understand your rights, explain relevant laws and regulations, and guide you on the legal options available. If a resolution cannot be reached through negotiation or administrative processes, an employment lawyer can prepare and present your case in court to help you recover appropriate compensation for the harm you have suffered.
Our Los Angeles National Origin Discrimination Lawyers Will Help Your Case Succeed
To succeed, your attorney needs to show that discrimination due to your national origin was present. Other people, who did not have your qualifications or experience, received annual bonuses, and promotions or went to training classes, but you did not. It became evident after a time that nobody who had African, Asian, or Hispanic blood was able to climb the corporate ladder. The employer will try to rebut your claim by citing business reasons not related to national origin. However, by amicably resolving the situation or addressing any concerns, you can rebut these claims.
At this point, you should organize your papers before meeting with an employment discrimination attorney. Try to document how well you performed on the job, and how many promotions you were denied. Our Los Angeles national origin discrimination lawyers will want to demonstrate that your employer showed a pattern of prejudicial conduct towards you. This will make it easier to win the case or negotiate a fair settlement offer. Contact us today at (310) 919-0091 for legal assistance. You can also contact us online and tell us more about your situation.