IF YOU’RE A VICTIM OF RACE DISCRIMINATION, CONTACT OUR RACIAL PROFILING LAWYERS LOS ANGELES
Do you suspect racial discrimination at work? Although it is strictly prohibited across the U.S., many employers still engage in these harmful tactics. It can sometimes be challenging to detect.
At the Law Offices of Mann & Elias, our team has successfully handled many racial profiling cases on behalf of our clients. As trusted Los Angeles race discrimination lawyers, we will help you stand up for your rights and hold negligent employers accountable.
WHAT IS RACIAL DISCRIMINATION?
California and federal laws prohibit racial discrimination in the workplace based on ethnicity, race, color, or national origin. That includes discrimination involving:
- Advertisements for employment
- Applications
- Interviews
- Hiring
- Promotions
- Transfers
- Wages
- Working conditions
Virtually every term or condition of employment is subject to non-discrimination. That is why it’s vital to understand federal and state laws that strictly prohibit racial discrimination in the workplace. If you feel mistreated because of your race or nationality, don’t hesitate to contact an attorney today. Your employment status should not be negatively affected by your race.
SIGNS OF RACIAL DISCRIMINATION
Racial discrimination can be overt or subtle, which can sometimes be difficult for victims to identify. In most cases, clients reported unfavorable treatment during the hiring process or when employed for their complexion, physical features, hairstyles, or hair textures. Look out for the following warning signs from an employer:
- Derogatory statements
- Deliver racial slurs, jokes, or stereotypes
- Demote, layoff or fire someone based on race
- Create a hostile work environment for an employee to quit
- Placement of racial symbols (ex. swastikas or nooses) in the workplace
- Changes in pay, benefits, job tasks, promotions
- Refusal to hire a qualified candidate
- Sing along to racist lyrics
To better identify signs of racial discrimination in the workplace, it is essential to document the occurrences by writing them down and keeping the documentation in a safe place so you can explain to your lawyer. Next, contact our Los Angeles employment attorneys, and we will provide you with the legal guidance you need to help you through this difficult time.
DISCRIMINATION IS PROHIBITED PER FEDERAL AND STATE LAWS
Title VII of the Civil Rights Act
- Well-known and most important law protecting against any form of discrimination in the workplace (race, color, sex, nationality, or religion)
- The law states it is an “unlawful employment practice” for an employer to limit, segregate, refuse to hire, or wrongfully terminate an employee, among other circumstances.
- It applies to businesses with 15 or more employees on a federal, state, and local level.
California Department of Fair Employment and Housing (DFEH)
- Unlike Title VII, the DFEH protects employees of smaller companies. It also enforces laws to protect workers against racial discrimination.
- It also protects workers from discrimination against religion, national origin, sexual orientation, marital status, and medical conditions, to name a few.
The Equal Employment Opportunity Commission (EEOC)
- The EEOC was established to oversee and enforce employment laws prohibiting discrimination during the hiring, onboarding, or firing processes.
- As an employee, you have “protected status,” meaning you’re safe from racial discrimination, colorism, sexism.
- Workers must submit a report to the EEOC before filing a lawsuit. The EEOC will investigate to fight against racial discrimination.
Each is a crucial piece of legislation aimed at helping to increase fairness in the workplace.
EXAMPLES OF RACIAL DISCRIMINATION
Scenario 1
Olivia, a woman of Asian ethnicity, applies for a marketing role. She meets the requirements, but the employer tells her that “she won’t fit in.” The recruiter hires a non-minority with similar experience instead.
Scenario 2
Sadiq, a Muslim employee, is working at an agency. His boss is singling him out and questioning him about his Islamic faith and customs. This hostility is a form of racial harassment.
Scenario 3
Jeff (white) has been a long-term employee at his company. He runs into his boss outside of work with his wife (Indian), who is darker. The next day he receives an unexpectedly poor performance review from his boss due to racial bias or colorism.
This type of behavior is unlawful. If you believe you have been a victim of a discriminatory hiring process, contact our team for legal help.
HIRE THE TRIAL LAWYERS OTHER ATTORNEYS CONSULT
Since 1998, Mann & Elias has served Los Angeles, Riverside, Orange, San Bernardino, San Diego, and Ventura. With over $18 million in settlements and verdicts and nearly 100 jury and bench trials under their belts, Scott Mann and Imad Elias have the proven ability to provide exceptional legal care in all areas of employment litigation.
We have recovered over $185,000 in one case alone for a client that faced racial discrimination in Los Angeles.
We believe that all employees deserve lawful treatment in the workplace, and if that isn’t the case, we are here to handle your case from start to finish. We understand that it may be a very troubling time for you – get the justice you deserve!
LEGAL ACTION FOR RACIAL DISCRIMINATION
If you believe you faced discrimination based on your race, skin color, ethnicity, or nation of origin, you have a legal right to damages. To learn more about your rights, contact a lawyer for racial discrimination in LA and ask for more information regarding racial discrimination in the state of California.
Labor Code Section 1153 states, “it is an unlawful labor practice to retaliate against an employee because he or she has filed a charge or given testimony regarding an unlawful labor practice.” This allows you to investigate and pursue legal action without fear of retaliation from your employer.
No one deserves to get mistreated based on their race. Contact us today for a free initial consultation.
RELATED ARTICLES ABOUT RACIAL DISCRIMINATION
Filing an EEOC Charge of Discrimination
If you are experiencing discrimination at work, you might be able to solve this problem by pointing out your experience to a supervisor. If you believe that talking to your manager will put you at a disadvantage or compromise your position, then you should make a formal complaint to HR instead.
If this does not work, you can file a complaint with the EEOC, who will investigate your case. Keep in mind that you have 180 days to file a complaint. While you wait to hear back from the organization, you can always consult with a lawyer to prepare your compensation claim if needed.
Racial Diversity and Preventing Racial Discrimination at Work
If you are a racial minority in your workplace, you’ll likely face insensitivity at best and discrimination at worst. If your company hasn’t started rolling out diversity programs in 2021, they should start. It would lower workplace harassment and discrimination cases. If you are experiencing mistreatment based on race at your job, read on for more information.
Employers’ Replies to Racial Names During Application Process
A recent study found that job applicants with black-sounding names received 50 percent fewer callbacks than those with white-sounding names. If you were overqualified for a job for which you were denied an interview, it might be due to racial prejudice. Racially discriminating during the hiring or firing process is illegal. You can hire an attorney to examine the company’s hiring practices to see if there is a clear pattern of discrimination.
How to Handle Discrimination and Harassment Complaints
Dealing with any form of racism is stressful, whether jokes, unfair treatment or denial of promotion. Your race should not get in the way of doing your job, and if it does, then you may be dealing with a hostile work environment. This article provides helpful tips and guidance about all aspects of racial discrimination and how to bring a claim against an employer.
Language and Accent Discrimination in the Workplace
It’s legal for a job to have language requirements, but the EEOC closely monitors these requirements. While you must speak clear English for some jobs, it’s illegal to have an “English-only” workplace, meaning that foreign employees cannot express their native tongue. If you are encountering discrimination or harassment for your accent or speaking capabilities, click here.
FAQs ABOUT PREGNANCY DISCRIMINATION
What is disparate treatment discrimination?
An employee or applicant can make a disparate treatment claim when they believe they were treated differently than other employees because of race. An employer can also commit disparate treatment discrimination based on physical characteristics usually associated with a particular race (hair color, texture, hairstyle, skin color, facial features, etc.)
What is disparate impact discrimination?
A disparate impact lawsuit refers to a situation in which the employee claims a policy, rule, or practice of the employer has a disproportionately negative impact on members of a certain race. An example could be a minimum height requirement which screens out more Asian-American and Latino applicants than other races.
What is racial harassment?
Harassment because of race is illegal under state and federal law. Racial harassment includes slurs, jokes, or other acts that create a hostile or offensive work environment for people of a particular race.
Is it still considered discrimination if it’s from someone of your race?
Yes – it is illegal for employers to discriminate against candidates or employees of the same racial group. For example, a light-skinned employer of Nicaraguan descent harassing a dark-skinned employee of the same background at work.
You should not tolerate any form of discrimination because of your race or other protected trait. Even if it’s a minor incident, report it immediately.
Are multi-racial employees protected from racial discrimination?
Bi-racial employees and applicants are protected from prejudice, bias, or any form of harassment at work based on their race or color.