Los Angeles Racial Discrimination Lawyer
Are you experiencing racial discrimination by your employer? Work with Employee Rights Attorney Group. We are racial discrimination attorneys with a proven track record winning cases like yours in LA.
Our Los Angeles race discrimination attorneys have successfully helped victims of overt as well as subtle forms of race discrimination, which are equally damaging, throughout the state. Having a skilled lawyer on your side will empower you to prevail and bring about the positive change you desire.
What is Racial Discrimination?
Racial Discrimination is a violation of your civil rights. It occurs when you are treated negatively because you are of a certain race or because of personal characteristics associated with that race.
How Do I Know If I Was Subjected To Racial Discrimination?
Racial discrimination manifests itself in unlimited, different ways. Generally, victims of racial discrimination feel singled out, denied the same treatment or opportunity as others outside their race, and/or observe a biased, hostile work environment towards individuals of color.
Employers are happy to benefit from the labor and efforts of people of color but are often unwilling to give them equal opportunity to advance reserving coveted positions for members of the favored group. Racial discrimination can be inflicted by a person of a different race and/or even the same race as you. Workplace discrimination is also known to occur to individuals who are associated with a particular race.
What Are Some Examples Of Racial Discrimination?
No one is immune from being treated as second class to another race. Below are some case examples to help you understand how race discrimination can play out in everyday life:
- An African-American woman applied for a position she was qualified for but the employer denied her application and continued to look for other candidates ultimately hiring a white candidate who had similar qualifications but was less experienced. Alameda County v. Fair Employment and Housing Com’n.
- A Caucasian woman employed by the union was called a “stupid white girl.” Her supervisor also taunted her that he could justify paying a Hispanic girl but not a white girl because the union’s membership was mostly Hispanic. The union also subjected her to other types of harassment because of her race. Rohm v. Homer.
- A Hispanic technician terminated for alleged misconduct presented evidence that regardless of the accusations, Caucasian employees who engaged in similar and/or far worse behavior were not disciplined so severely. Rather, they were given a warning and/or subject to lesser forms of discipline allowing them to improve. Aparacio v. Comcast, Inc.
How to Prove Workplace Racial Discrimination
Overt discrimination, e.g., being called the N-word, are not as common in the present day workplace as passive aggressive forms of discrimination. Although the civil rights movement has made great strides, the passage of civil rights laws also spurred racists to hide their discriminatory conduct under the guise of legitimate business reasons (such as company reorganizations, false accusations of misconduct, etc.) to avoid liability and their legal obligations to employees. Pay special attention to whether there are true, legitimate business reasons justifying your employer’s alleged “business decisions.”
While employers rarely make the mistake of putting a discriminatory reason in writing, discrimination can be proven with circumstantial evidence. A Los Angeles race discrimination attorney can help you identify and gather persuasive evidence of race discrimination to substantiate your claims. Relevant evidence may include but is not limited to the following:
- Racial comments
- Employer’s refusal to investigate complaints of racial discrimination
- Refusal to investigate concerns of racial discrimination
- A pattern and practice of treating minorities unfavorably
- Other victim evidence
- Comparator evidence, e.g., individuals outside your race treated more favorably than you in terms of discipline, career advancement, job benefits and assignments, etc.
Racial Discrimination Laws that Apply to Los Angeles and throughout CA
Federal Title VII of the Civil Rights Act and California’s Fair employment and Housing Act (“FEHA”) protect you from racial discrimination. California law offers greater protection and relief, including unlimited compensatory and punitive damages. However, not all Corporate employers follow the law. According to the U.S. Equal Employment Opportunity Commission (“EEOC), charges of racial discrimination outnumber other types of discrimination. Racial discrimination remains common in part because the foregoing laws were passed relatively recently and attitudes are slow to change.
Retaliation for Reporting Racial Discrimination is Illegal
Under California law, an employer is also required to prevent racial discrimination by taking remedial action and/or investigating reports of racial discrimination. Despite being given the opportunity to address civil rights violations, employers often punish the whistleblower to protect the harasser or maintain the status quo. If you are retaliated or harassed for reporting racial discrimination and/or for standing up for your co-workers, you may have a standalone claim for wrongful retaliation and/or termination, even if you were not directly discriminated against.
Speak to a Racial Discrimination Attorney – Contact Us Today
Too many individuals are afraid to speak out and try to bear the abuse instead of seeking help until the situation becomes intolerable. Our consultations are confidential. We will do our best to advise you of your rights and prosecute your claims to obtain all the restitution and penalties you deserve.
Racial Discrimination FAQ
Degradation and humiliation of race discrimination is highly damaging. As a minority being targeted by the full force of the majority’s power, you will ultimately suffer from a severe emotional breakdown of your health that may be lasting and in some cases, result in physical duress. You cannot deal with it alone; no matter how strong you are as a person. While some have difficulty opening up, it is highly recommended that you seek support systems. Speak to a lawyer at your earliest opportunity. Confide in your family and friends. Seek help from your primary care physician. If you can afford it, seek mental health treatment including therapy.
Standing up for yourself and going through the process of vindicating your rights and telling your story may give you the closure you need to move on.
Generally, if you are pursuing statutory claims of racial discrimination you have to obtain a Right to Sue Letter from either the EEOC or the DFEH, within the applicable statute of limitations. Thereafter, you can file a lawsuit.
You should hire a lawyer to obtain a Right to Sue letter and pursue your race discrimination claims. Although neither step requires a lawyer, you will be at a disadvantage if you go it alone since your Corporate employer will have the benefit of legal representation.