Is Racial Discrimination Affecting Your Workplace?
Our Los Angeles Race Discrimination Lawyers Will Answer Your Important Questions
It is illegal for an employer to discriminate against an employee or applicant due to his or her race. However, race discrimination in the workplace still frequently occurs and negatively affects many California employees. Our Los Angeles race discrimination lawyers will guide you through the claims process, starting with collecting and marshalling evidence before your lawsuit is filed, all the way through the trial of your matter. Our goal is to compile and meticulously present evidence that highlights the racially motivated practices of your employer.
At Yadegar, Minoofar & Soleymani LLP, our attorneys have decades of collective experience fighting against discrimination in the workplace. We are familiar with both the state and federal laws that protect employees from race discrimination. If your employer is discriminating against you due to your race, then you will likely have questions about the legal process. Our attorneys have compiled a list of frequently asked race discrimination questions, along with answers to each question.
California Race Discrimination Frequently Asked Questions
- What Is Race Discrimination?
- How Can I Prove Race Discrimination?
- What Are the Most Common Types of Race Discrimination?
- What Damages Can I Recover in a Race Discrimination Lawsuit?
- How Do I Report Race Discrimination at Work?
- Can I Be Punished by My Employer for Reporting Race Discrimination?
What Is Race Discrimination?
Race discrimination is where an employer makes employment decisions, or treats an employee differently, based on race. The California Fair Employment and Housing Act (FEHA) prohibits an employer from engaging in race discrimination in all areas of employment. This includes:
- Hiring and employment
- Firing and discharging
- Training practices
- Compensation decisions
- Conditions or privileges of employment
How Can I Prove Race Discrimination?
Proving race discrimination can be a difficult task. Just because a minority employee is fired does not mean that race discrimination took place. Several elements must exist in order for an employee to claim that they were the victim of race discrimination. These elements include:
- Being a member of a protected class
- Facing an adverse employment condition
- Experiencing less favorable treatment than employees with similar positions due to race.
Having direct evidence of race discrimination greatly increases the likelihood of success for your claim. An example of direct evidence is a statement from your employer saying that he or she prefers employees of a certain race.
While direct evidence is preferred, most race discrimination claims involve the use of circumstantial evidence. Circumstantial evidence is evidence that relies on inference to reach a specific conclusion. An example of circumstantial evidence is statistical evidence showing that employees of different races are promoted at different rates.
What Are the Most Common Types of Race Discrimination?
The most common types of race discrimination include:
- Screening out minority job applicants
- Refusing to hire minority job applicants
- Excluding employees of a particular race from receiving promotions
- Subjecting employees of a particular race to disciplinary action or firing
- Implementing pay discrepancies based on an employee’s racial background
- Engaging in harassment of an employee based on his or her race
- Creating employment policies aimed at certain racial or ethnic groups
What Damages Can I Recover in a Race Discrimination Lawsuit?
There are three types of damages available to an employee filing a race discrimination lawsuit. These damages include:
- Monetary damages. Monetary damages are commonly referred to as compensatory damages. The goal of these damages is to make up for any losses that an employee sustains due to race discrimination. These losses include lost wages and emotional distress.
- Equitable remedies. An equitable remedy is a remedy that attempts to do justice that cannot be done with payment of money. For example, a Court can, by granting an equitable relief, order an employer to update its policies to comply with the law. It can also order an employer to rehire an employee who was wrongfully terminated. This action is taken when a court is of the opinion that monetary damages are not good enough to settle the discrimination lawsuit.
- Punitive damages. Punitive damages are damages that exceed simple compensation and are awarded to punish the defendant. While punitive damages are rare, they are used during situations where a court wants to deter other employers from making similar employment decisions.
How Do I Report Race Discrimination at Work?
It is recommended that you report any instances of race discrimination to your supervisor or Human Resources (HR) department. By informing your employer about the discrimination, you are giving them an opportunity to rectify the situation and are establishing a record of the alleged behavior.
If your employer continues to engage in race discrimination, then you should file a complaint with the California Department of Fair Employment and Housing (DFEH). California law often provides broader protections for anti-discrimination cases than federal law and applies to employers with fewer employees. While it is not legally required, we recommend that you consult an experienced employment law attorney to assist you with this process.
Once your complaint is registered with the DFEH, an investigation may be conducted to determine whether your employer violated California law. If the investigation concludes that no violation took place, then you still have the right to take your case to court. A Los Angeles race discrimination lawyer will help you determine the best course of action given the results of the investigation.
Can I Be Punished by My Employer for Reporting Race Discrimination?
Your employer cannot punish you for reporting race discrimination in the workplace. If your employer chooses to take a materially adverse action against you because of your complaint of discrimination, then this could be classified as workplace retaliation. A Los Angeles race discrimination attorney will help you file a workplace retaliation or wrongful termination claim if this is the case.
Contact Our Los Angeles Race Discrimination Lawyers for Employment Law Advice
You deserve to work in an environment that is free of all forms of race discrimination. If your employer is in violation of California law, then you should consider pursuing legal action. Contact the Los Angeles race discrimination lawyers at Yadegar, Minoofar & Soleymani LLP today at (310) 499-0140 for a free initial consultation. You can also contact us online and tell us about your situation.