It is against the law for an employer to treat any worker in California negatively because of their race, color or national origin. When an employer breaches the law through unlawful conduct, they may be held liable for racial discrimination.
The California racial discrimination lawyers at Eldessouky Law have extensive experience representing employees who have been the victims of unlawful discrimination.
We understand how common workplace violations occur and know exactly what to do in order to correct these injustices. Any employee who has had their employment rights violated can find legal guidance and representation at Eldessouky Law.
California labor laws expressly declare discrimination of any kind illegal. Employers may not subject workers to retaliation or force them out of employment by creating a hostile work environment. If you have faced wrongful termination at work or wage and hour violations on account of your race or color, contact our California employment law attorneys. We will help you understand your rights and how to hold your employer accountable.
Contact our office at 714-409-8991 or fill out one of our contact forms online.
Understanding The Laws Around Racial and Ethnic Discrimination in California
Racial discrimination is one of the worst forms of discrimination. It occurs when a person is put at disadvantage at work or treated negatively simply because of their ethnicity, the color of their skin or where they come from.
Both California and federal law are unequivocal on the illegality of racial discrimination. Title VII of the Civil Rights states that the right to work is an important civil right that everyone can exercise. No employer can prevent an applicant from securing a job or remaining in employment solely because of their race or any other protected characteristic.
The Civil Rights Department (CRD) provides some of the broadest rights against racial discrimination. Under CRD, employers with 5 or more employees must ensure they protect and respect the rights of employers against racial discrimination. Whether you are an intern, temp, job applicant or permanent employee, you deserve the opportunity to work, build a career and earn a living free from discrimination.
How Can You Determine if You Experienced Racial Discrimination?
If someone treats you badly because of your race, it might be racial discrimination. Anti-discrimination laws state that employees and workers should only be judged on their job performance, not their skin color. So, if you were fired, demoted, or didn’t get a promotion because of your race, it’s likely discrimination.
It’s difficult to know when discrimination has happened since it’s often done subtly. People who break the law by discriminating against others usually try to hide their motives by giving fake reasons for their actions.
Despite this, there are certain actions that make it more likely you are being discriminated against. These include:
- Consistently poor performance reviews that are not in line with your actual workplace track record,
- Refusal of promotion or pay raises which your colleagues of a different race routinely enjoy,
- Job segregation or hiring people of different races for different (and usually lower) job positions, and
- The belief that certain workers of a particular race cannot be trusted with select positions at work.
These actions alone do not prove discrimination. You will need to speak with an experienced California employment lawyer to determine if you are a victim of racial discrimination.
Common Signs to Look Out For in Cases of Racial Discrimination
If you are suspicious that your employer is treating you differently because of your race, it’s important to pay close attention to their behavior. Preferential treatment and favoritism given to other employees who are not of the same race are the most common telltale signs of discrimination.
While preferential treatment and favoritism are not evidence of discrimination on their own, preferential treatment that rises to a different level and results in actions by your employer or a supervisor that fail to promote, or reward someone based on their age, ethnicity or gender, may be signs of illegal favoritism.
You will need an experienced attorney to prove discrimination. Making the distinction between discrimination and preferential treatment is not easy, and a lawyer can help you understand the law in your jurisdiction.
When is Preferential Treatment Illegal Under the California Law?
To put it simply, if giving one person special treatment goes against any state or federal laws on discrimination based on factors like age, disability, race, religion, gender, or sex, then it’s illegal.
This applies to employers, managers, and supervisors who treat an employee differently because of these factors.
Have You Been a Victim of Racial Discrimination in California?
If you believe that your employer has violated your employment rights on the basis of race or color, contact Eldessouky Law. Our California racial discrimination lawyers can help you understand the law and how it applies to your particular situation.
Racial discrimination is wrong and unfair because it unjustly deprives qualified workers of the benefits of employment. Everyone has a right to work, and subjecting workers to negative workplace decisions just because of their race is illegal under California law.
If you believe you are being subjected to conduct that amounts to racial discrimination, it is important that you contact a skilled attorney immediately.
At Eldessouky Law, we have the experience you need to stand up for your rights and secure the justice you deserve. Get in touch with us today at 714-409-8991 or fill out one of our contact forms online.
We Handle a Variety of Racial Discrimination Cases throughout California
To have a viable case against your employer, your employer must have taken adverse action against you. Feeling like you’re being discriminated against is not enough to file a lawsuit.
At Eldessouky Law, we are experienced in handling a variety of cases involving racial discrimination in California.
Our primary focus is protecting and enforcing the rights of employee across California. When these rights are disrespected or breached by employers, workers throughout California can rely on our employment attorneys to correct this wrongful conduct.
We handle discrimination cases involving:
- Wrongful termination,
- Retaliation claims,
- Leave of absence and CFRA claims, including maternity leave violations,
- Wage and hour violations, including unpaid rest or break times, underpaid regular pay rates, and overtime pay discrepancies ,
- Hostile work environment,
- Sexual harassment , and
- Unsafe work practices.
We also handle a variety of other employer violations in California. If your employer has taken adverse actions against you due to your race, contact Eldessouky Law and learn how we can help you.
How Am I Protected Against Racial Discrimination in California?
A combination of both California and federal laws provides a strong network of rights against racial discrimination. The basic protection each of these laws provides is the right to be free from any conduct that amounts to racial discrimination at work. If you are subjected to negative employment decisions at work because of your race, you have a right to complain and file a lawsuit. This protection extends to apprenticeship programs and employment agencies.
You cannot be denied equal pay with colleagues who perform similar work or prevented from enjoying other workplace benefits. This protection also applies to job applicants. It is illegal for a prospective employer to ask interview questions that seek to know where you come from or your cultural heritage. These questions can only be asked for extremely limited purposes but they cannot be the basis of a decision on whether you will be hired or not.
The protection provided under CRD and the Civil Rights Act also extends to your spouse, family members or known associates. If you are subjected to discrimination because your employer is prejudiced against the race of your spouse or loved one, you have a right to seek justice. This can happen, for instance, where your employer is considering promoting you but then sees your husband is from a race they don’t like. This is discriminatory and you have a right to sue for such conduct.
Can I Sue My Employer for Racial Discrimination?
Yes, you have the right to seek, obtain and hold employment without discrimination is a civil right under California law. If you are deprived of this right in any way, California law gives you the right to pursue justice and compensation. Usually, the required procedure is to first file a complaint with the California Civil Rights Department (CRD). Or you may file a complaint with the Equal Employment Opportunity Commission (EEOC).
A California employment attorney will be able to advise you on which course of action is best in your specific situation.
After filing a complaint, the agency will investigate your complaint and if they find that you have a legitimate complaint, they will try to mediate. You may also receive a Right to Sue letter that gives you the authorization to proceed with a lawsuit against your employer. However, you must act quickly in order to exercise your rights under the anti-discrimination laws. In most cases, you will have up to 3 years from the date of the discriminatory conduct to file a lawsuit. Our California racial discrimination attorneys can help you learn what the process involves and how to proceed.
Related Read: Can I Sue My Employer in California?
Speak with One of Our California Workplace Racial Discrimination Lawyers Today
At Eldessouky Law, our experienced employment attorneys understand the sensitive and complex nature of racial discrimination claims. We are committed to protecting your rights and fighting for justice when you have been wrongfully treated due to your race.
If you have experienced racial discrimination at work, or if your employer has taken adverse actions against you for any other discriminatory reason, it is important to seek legal advice and take action as soon as possible. Eldessouky Law can help. Schedule a free, no-obligation consultation with one of our attorneys today.
Contact our office at 714-409-8991 or fill out one of our contact forms online.