Federal and state law strictly prohibits racial discrimination in the workplace. If you feel like you have been improperly treated because of your race or nationality, don’t hesitate to contact an attorney today. You have a number of freedoms and rights allowed to you, and your employment status should not be negatively affected by your race.
WHAT IS RACIAL DISCRIMINATION?
Under California and federal law, racial discrimination in the workplace, based on ethnicity, race, color, or national origin is strictly prohibited. This includes discrimination involving advertisements for positions, applications, interviews, hiring, promoting, transferring, payment, and working conditions. Virtually every term or condition of employment is subject to non-discrimination.
DISPARATE TREATMENT DISCRIMINATION
An employee or applicant can make a disparate treatment claim when he/she believes they were treated differently than other employees because of race. An employer can also commit disparate treatment discrimination by discriminating on the basis of physical characteristics usually associated with a certain race (hair color, skin color, facial features, etc.).
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 disproportionate 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.
Harassment on the basis of race is also 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.
LEGAL ACTION FOR RACIAL DISCRIMINATION
If you believe you have been discriminated against for 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 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 affords you the opportunity to investigate and pursue legal action without fear of retaliation from your employer.
THE LAW OFFICES OF MANN & ELIAS
Since 1998, Mann & Elias has served the counties of 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. Contact us today for a free initial consultation.