Racial Discrimination Attorney in California

Statistically speaking, the majority of people would consider that the 21st century that we live in is already a post-racial society where society’s privileges and problems would not be biased by race. The lofty percentage of varied nationalities living and working together cohesively would materialize to indicate that we are past racial prejudice in the workplace. Nevertheless, those who experienced racial discrimination at work first-hand would firmly believe the contrary. In spite of the fact that many laws and regulations have been conducted to protect employees from racial discrimination, there are still examples where it is more frequent than many would have fathomed. If you believe you have experienced racial discrimination at your workplace or anxiety that you might be in a situation where you are being racially discriminated against, give Law Mart a call to a free consultation from a racial discrimination lawyer.

What is Racial Discrimination in the Workplace?

Racial discrimination is the bigoted treatment of one’s national origin, ethnicity, and physical attributes associated with his/her race such as hair texture, skin color, certain facial features, and the like. If a person is discriminated against based on these factors at their place of employment, then that person has experienced racial discrimination in the workplace.

These workplace discrimination may happen as soon as the hiring process initiates, consideration for promotions, decisions for termination, providing compensation and perks, assigned of workload and training, and so forth. These conditions unfortunately often result in a hostile work environment making it strenuous for the employee to work accurately and effectively and at worst could result in a forced resignation or physical and emotional damage to the victim. With the help of a racial discrimination attorney, you can file for a discrimination claim based on:

• Disparate Treatment: the employee is intentionally discriminated against due to his/her race, national origin, and physical features that attribute to one’s ethnicity.
• Disparate Impact: the employer has policies or requirements that affect its employees unfavorably based on his/her race, national origin, and physical features that attribute to one’s ethnicity.

Why You Need a Workplace Racial Discrimination Lawyer to Represent Your Case

Just as soon as it comes to a workplace racial discrimination issue you should pursue legal consultation with a workplace racial discrimination lawyer. Understanding what to do legally after experiencing racial discrimination at the workplace will force you to save any documents that will serve as pivotal evidence for the illegal act that they have perpetrated. They will also help keep you well informed of your rights that are protected by the law. With the affirmation that you have provided to our workplace racial discrimination lawyers, our Racial Discrimination Lawyers can assess your case and propose the best settlement ensuring you with the maximum compensation and legal assistance from start to finish of your legal matter.

Examples of Racial Discrimination in the Workplace

Racial discrimination in the workplace doesn’t need to be extreme or explicit racial prejudice to be discrimination. There are often much more subtle instances that are sometimes much more difficult to identify. When racial discrimination does occur at work, it typically places an individual of a certain skin tone or ethnicity in a disadvantaged position compared to their peers or colleagues. Racial discrimination can come into play in any facet of the employment process from hiring to firing as described below:

• Refusal in hiring an applicant
• Refusal in granting a promotion
• Unfair compensation and work conditions
• Unfair distribution of labor
• Biased implementation of employee rules and regulations
• Unlawful termination and forced resignation
• Explicit racial harassment including slurs, offensive jokes, derogatory statements, and displays of offensive images

These are but just a few instan es of certain scenarios of racial discrimination in the workplace. If you have experienced or believe that you experienced discrimination based on your race, it is still best to consult with an employment discrimination lawyer who can assist you with the legal process of your claim.

Laws Designed to Protect Employees from Racial Discrimination

There are several state and federal laws that are designed to protect employees from racial discrimination in the workplace. These anti-discrimination laws are created and required for society’s leap forward to a post-racial environment. It ensures the preservation of society’s tranquility, keeps both employees and employers from the adversity of a lawsuit, and supports the government’s progress by being more inclusive.

Being employed without experiencing unlawful discrimination in the workplace is a civil right that both federal and state governments have strived to protect. Mandated by the EEOC (Equal Employment Opportunity Commission) eeoc.gov, Title VII of the Civil Rights Act of 1964 makes it illegal for an employer to discriminate against someone based on race, color, religion, national origin, or gender.  Additionally, the U.S. Code Title 42 Chapter 21 of Civil Rights law criminalizes any person from discriminating against any individual that refers to education, employment, access to business and establishments, and federal services. Similarly, the FEHA (Fair Employment and Housing Act) applies to both the public and private employers, labor organizations, and employment agencies that outlaw discrimination against applicants and employees due to their protected category or retaliation against them because they have asserted their rights under the law. Under the circumstances that you feel and believe that you have been discriminated against in any way, you can refer to these laws for the defense of your civil rights in addition to seeking legal consultation with a racial discrimination attorney.

Employers are In Charge for Ending Racial Discrimination in the Workplace

Racial discrimination in the workplace happens in many varies settings, from a multinational company in a bustling city or a small-scale rural government office, and regardless of such setting the employers have the obligation to provide and secure a workplace that is unburdened by racial discrimination and harassment.

The first step that the employer can do would be to guarantee that all the employees, no matter what level of status, are well versed in acknowledge and addressing racial discrimination. Regardless of superiority, all staff should regularly practice impartiality, diversity, and collaboration day in and day out of the workplace. This can be attained by:

• Providing training programs and seminars that address racial discrimination and workplace diversity
• Gathering data on racial equality based on facts and reference points, rather than misconceptions and stereotyping
• Being accountable when racial discrimination happens in the workplace and providing proper and fair investigation to resolve the issue
• Conducting a thorough review of the company’s regulations and changing the company’s processes after an incident to provide a better workplace environment for their employees.

Is It Wise To Report Racial Discrimination and Harassment to Your Employer?

Fundamentally, it is imperative in making yourself heard as a victim of racial discrimination or harassment at your workplace from the get go stat. The experience can be a daunting thing to do but it is the first step you should take. It is utterly critical to report and inform your employer of any racial discrimination that happens at work. Be sure to provide your employer or HR with all details pertaining to examples of workplace racial discrimination as well as any facts that supports the claim.

Steps You Can Take to Protect Yourself

Other than reporting to your employer about the discrimination and harassment at work that you’ve experienced, you should also take the following steps:

• Document all the unlawful actions that were discriminatory that you’ve experienced
• Keep a record of any proof like emails or text messages that shows that you are discriminated against
• Include in your record or notes the complaint you made for being discriminated against and your employer’s response, may it be retaliation or a simple acknowledgment of receipt
• Seek attention from a qualified medical or mental health professional if you are experiencing physical, mental, and emotional distress due to the discrimination and harassment you’ve experienced.

Filing a Race Discrimination Claim in California

All racial discrimination in the workplace claims must be filed with the DFEH (Department of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission). These claims must be submitted first, before filing a lawsuit against an employer for racial discrimination. Contesting directly to court without an investigation by the DFEH or EEOC is only advisable if you have an attorney since the racial discrimination attorney can acquire a right to sue notice and file your claim in the California Superior Court. Once the lawsuit is filed, the claim will be served to the employer or the defendant, who should respond with a formal letter responding to the allegations before the case proceeds through litigation.

Any of the following situations may serve as the basis for a claim if it includes racial discrimination as grounds for selection:

• Interviewing and hiring practices
• Termination
• Compensation and benefits
• Promotions
• Training opportunities
• Job duties
• Disciplinary action
• Racial harassment

Law Mart offers free consultation and a guaranteed “No Win, No Fee” policy for all our clients. Our racial discrimination attorneys work restless to get the best possible compensation at the rapid possible time. Give our experienced employment attorney  a call today for a free consultation at (310) 689-6413

What Compensation Can You Recover in a Racial Discrimination Lawsuit?

Once you win your racial discrimination lawsuit, you can recover the salary that you lost due to the discrimination claim. Take for instances, if you earned an average annual pay of $60,000 but were wrongfully terminated due to racial discrimination, you can recover the same amount for each year that you were unable to find work.

In the time being, you could also endure damages for emotional and mental distress caused by discrimination and harassment such as anxiety, depression, trauma, and the like that greatly affected your work performance. In many instances, damage to emotional and mental distress results in low lost income and as a result, you can recover additional compensation in the form of attorney fees.

Eventually, in extreme cases, you may also recover punitive damages. These are given as an award to serve as a discouragement to other employers from engaging in such illigal acts. To recover such damages, your attorney must show that your employer acted with malice, scam, or cruelty in every matter.

How to Prove Race Discrimination

Proving a racial discrimination claim starts with having a prima facie case which is established by fulfilling the elements of an assessment determined by the courts. These elements are:

• Being a member of a protected class under Title VII (race, gender, color, national origin)
• Having the qualifications for the job or promotion the individual was hoping for, or were meeting the appropriate expectations of a job when being disciplined or terminated
• Being denied the position / promotion while the someone not in the protected class was rewarded with the position / promotion
• Being wrongfully terminated based on his or her protected class
• The circumstances in which the decision was made regarding an individual’s hiring, promotion, or termination could infer racial discrimination

In addition to these elements, any evidence that can be served as proof should be well recorded and stated. Such pieces of evidence can be in the form of:

• Any footage and recordings from the office showing racial discrimination and harassment in the workplace
• Any emails or correspondence that may include discriminatory manner
• Memos or office regulations that discreetly and implicitly represent discriminatory acts
• Witness declarations of co-workers or office staff (security guards, cleaning aids, etc.) who will testify to the allegations
• Pay slips or any record that will show an unfair and inconsistent amount of salary and benefits being received by an employee under the protected class compared to those who do not

It is still the best move to consult with a racial discrimination attorney who can assist and litigate your claims. Provide as much detailed evidence as you can and leave it to your attorney to expedite and strengthen your claim.

Why We Hold Our Employers Accountable

Employers hold each employee responsible for quality work and in return, it emanates trust among co-workers and teams in the development of the company. It is only just if employees ask for the same responsibility from their employers in terms of the company policy that protects the benefits and well-being of the employees.

Nonetheless, if the situation takes a turn for the worse and your rights and benefits as an employee are illegally ignored, you don’t have to be afraid to fight for justice alone. Our Racial Discrimination Attorneys offer a “No Win No Fee” policy to give you peace of mind from financial concerns and focus on making your employer accountable for their unlawful actions against you.  Connect with Law Mart for a free consultation at (310) 689-6413/