Our employment attorneys at Eldessouky Law protect the rights of employees throughout Los Angeles County, including South Gate, CA. This includes employees that are facing discrimination at work on the basis of race, national origin or ancestry. Discrimination is unlawful in California; it is illegal no matter how it occurs or where it occurs. You should not have to face harassment or endure interference with your workplace rights, just because of your skin color.
Despite California laws that declare discrimination illegal, these situations still occur in workplaces in the state. When this unlawful conduct occurs, it is our duty to pursue the responsible parties and hold them accountable for violating your rights. If you have faced discrimination at work, it is important to reach out to our South Gate racial discrimination attorney to understand your rights and how you can enforce them.
What is Racial Discrimination in CA?
Racial discrimination is one of the many types of discrimination declared illegal in California. It occurs when an employer or someone else at work discriminates against employees on account of their protected characteristics. These include an employee’s race, national origin or ancestry, amongst several other characteristics.
People with these characteristics are regarded as members of a “protected class”. Sometimes, you don’t even have to actually be a member of one of these classes. If the person discriminating against you thinks you are a member of the protected class, or if they target you unlawfully because of your association with a protected person, then you may have a claim. Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 232 [152 Cal.Rptr.3d 392, 294 P.3d 49].
Proving Racial Discrimination in CA
Once you determine your protected status, your next step will be to figure out if the actions against you are illegal, and proving them. There are many actions that may amount to discrimination, including termination or demotion for improper reasons. You can read more on this below.
However, proving racial discrimination may not always be straightforward. Usually, the easiest and fastest way is by showing direct evidence of a comment or action that was clearly illegal. But this can be pretty rare. People understand more about their actions today and can often be careful about expressly showing their prejudices. So, they don’t want to make racist comments in a permanent form such as email or text. The second most common way that discrimination is proved is by showing significant changes in your working conditions compared to others. This includes changes such as a demotion, transfer, withdrawal of benefits or termination.
You can rest assured that no matter the shape or form that discrimination takes, our racial discrimination attorney will work to bring these facts to light.
Wrongful Termination Attorneys in South Gate, CA
Eldessouky Law provides committed representation for workers in South Gate, CA and throughout California. Our wrongful termination attorney values the rights of workers in the city and works tirelessly on their behalf. We provide unmatched legal representation to enforce these rights when they are threatened by unlawful conduct such as discrimination or harassment.
California laws protect all employees equally, regardless of where they work. No worker should be subjected to racial discrimination, threats or unlawful prejudice because of their national origin or skin color. If you are facing a situation of this nature at work, give us a call to understand your rights and how we can help you.
Top Employers in South Gate, CA
South Gate has a long and proud history of committed workers who work hard to support the lifestyle they desire. The city of over 900,000 residents is not lacking in human capital and is considered the 17th largest in Los Angeles County.
Some of the largest employers in South Gate, CA include:
- Koos Manufacturing Inc.
- JB Hunt Transportation Inc.
- Shultz Steel Company
- Saputo Cheese USA Inc.
- Sam’s Club
- AG Adriano Goldschmied Inc.
- Buddy Bar Casting Corporation
California laws require all these employers to respect the rights of employees, no matter what position they occupy. When any of these employers breaches the employment rights of our clients, Eldessouky Law works diligently to correct the breach. If your employer has breached your rights in any way, our South Gate hostile work environment lawyer can help you hold them responsible.
South Gate, CA – Eldessouky Law Practice Areas
At Eldessouky Law, our employment law attorney provides assistance to South Gate workers in respect of the following practice areas:
- Hostile work environment
- Severance agreements, terms, and enforcement
- Sexual harassment
- Wage and hour cases, including overtime pay discrepancy claims
- Wrongful termination, including retaliation cases, including whistleblower claims
If your employer is subjecting you to unlawful activity or permitting unlawful conduct to continue, we can help you. Schedule a free consultation with our labor law attorney in South Gate today to learn more about how the law protects you and your options for compensation.
How am I protected against racial discrimination in Lancaster, CA?
California laws provide fundamental protections against racial discrimination at work. The most important of these laws is the Fair Employment and Housing Act (FEHA). The act prohibits employers from discriminating against employees on the basis of a protected characteristic such as religion, mental or physical disability or age. Gov. Code, § 12940.
Apart from the FEHA, certain federal laws, including Title VII of the Civil Rights Act, protect you from discrimination on the basis of race. Under these laws, it is illegal for your employer to:
- Terminate your employment on account of race, national origin or gender
- Create a work environment in which you are put at a disadvantage due to these characteristics
- Harass you because of your race or because you are associated with someone of a particular national origin
- Create or maintain a hostile work environment where it becomes more difficult for you to do your job
- Make the conditions of your work so intolerable that you have no option but to quit
FEHA specifically protects employees from racial discrimination on the basis of two wide theories. These are disparate treatment and disparate impact.
Disparate treatment means a situation where your employer treats you less favorably than others because of your race. The treatment may include actions such as demotion, withdrawal of work benefits, harassment or termination. Mixon v. Fair Employment and Housing Com. (1987) 192 Cal.App.3d 1306, 1317 [237 Cal.Rptr. 884].
Disparate impact occurs when an employer adopts a policy or employment practice that puts members of a particular race at a disadvantage. It could be a hiring, promotion, performance or even a language policy. The employer may be required to show that policy is justified by a business necessity and if it fails, it will be held liable. Gov. Code, § 12951.
Does my employer have a duty to prevent racially-motivated harassment against me?
In most cases, an employer has a strict obligation to prevent discrimination and harassment in the work place. This obligation is regarded as “affirmative and mandatory”. Northrop Grumman Corp. v. Workers’ Comp. Appeals Bd. (2002) 103 Cal.App.4th 1021, 1035 [127 Cal.Rptr.2d 285].
It means that if you are being harassed or threatened because of your race, your employer must act to stop and prevent this conduct. If you file a report with your supervisor or HR about the unlawful acts, they have a duty to:
- Investigate and end the harassment; and
- Deter future harassment
If your employer fails to do this, you can file a suit for failure to prevent harassing or discriminatory conduct against them.
Schedule a free consultation with our South Gate racial discrimination attorney
You do not have to wait until the discriminatory conduct you are facing becomes unbearable. You can begin to take steps to secure justice and compensation for the harm you are suffering, even from today. Schedule a free consultation with our South Gate hostile work environment attorney by calling 714-409-8991 to get started.