Racial Discrimination in California

Racial discrimination in the workplace is strictly illegal. Under federal law, it’s prohibited by Title VII of the Civil Rights Act of 1964. In California, the Fair Employment and Housing Act also prohibits racial discrimination in the workplace. A person who was discriminated against could choose to file a federal or state lawsuit or both, which would depend on the circumstances involved, after they file with the appropriate administrative agency and obtain permission to file a lawsuit first.

Forms of Discrimination

Racial discrimination can come in a variety of forms. Broadly speaking, there are two types of racial discrimination in the workplace: disparate treatment and disparate impact. Disparate treatment occurs when a person is treated differently at work because of their race. Disparate impact occurs when an employer’s policy results in benefits to one race of people and not to another. Some common examples of racial discrimination at work could include: failing to promote a person because of their race, refusing to hire people of a certain race, or giving a worker a bad assignment because of their race.

Racial Discrimination Laws Apply To Everyone

Laws against racial discrimination in the workplace do not only apply to minorities, or to only certain employees. Anyone in a work environment who is being discriminated against because of their race is protected under federal and state laws. In addition, the racial discrimination could be done by anyone in the workplace and is still illegal – supervisors, fellow employees, customers, contractors, or others.

Proving Racial Discrimination

Racial discrimination in some cases can be hard to prove. Just because an employee is a minority and is fired doesn’t mean racial discrimination occurred. In order to prove racial discrimination in California, an employee typically must show that he or she was a member of a protected class, was subjected to an adverse employment condition, and similarly situated employees outside of that protected class were treated differently and more favorably. If there is direct evidence of discrimination, such as a supervisor stating he or she preferred employees of a certain race, it can be very strong evidence in favor of the plaintiff. Such conduct can also rise to the level of harassment based upon race, depending on the facts. However, often proving racial discrimination relies on showing statistical evidence that people of different races were treated differently at the company.

It’s important if a person experiences racial discrimination that he or she act quickly. The individual should make a complaint with the company, and in some cases may choose to file a lawsuit as well. A one-year statute of limitations in California applies to race discrimination cases, so it’s crucial to contact an attorney as quickly as possible so that the attorney has enough time in which to prepare the case.

Contact Liberty Law, Employment Rights Lawyers in Oakland

At Liberty Law, Micha Star Liberty believes that no employee should be subjected to racial discrimination. Instead of being judged based on race, employees should be judged on their merits. If you are in the San Francisco area, including Santa Clara County, Alameda County, San Mateo County, Marin County or Contra Costa County, call Micha Star Liberty, Oakland racial discrimination attorney, at 415-896-1000 or 510-645-1000. She works hard on behalf of employment discrimination victims to ensure that they are treated fairly. Call today.

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