Posted on

How To Recognize And Report Race Discrimination

race discrimination

No one in the United States should have to deal with racism on the job. Sadly, racial discrimination in the workplace still happens regularly; a recent Gallup survey revealed that almost 25% of minority employees nationally reported workplace racism in the last year. Read below about how to recognize and report discrimination, and if you think you were a victim, our Orange County race discrimination lawyers would like to speak with you.

State And Federal Laws Protect You From Workplace Race Discrimination

Several laws protect you from racial discrimination in the workplace. They include:

  • Title VII of the Civil Rights Act of 1964 is a federal law that outlaws racial discrimination. Under this landmark law, racial discrimination is defined as unfavorable treatment at work based on someone’s race. Title VII applies to every employer in the US with at least 15 full-time employees.
  • The California Fair Employment and Housing Act (FEHA) outlaws racial discrimination in California workplaces. FEHA applies to every employer in the state with at least five full-time or part-time workers.

How Do You Know If You Suffered Racial Discrimination At Work?

There are several subtle signs of racism in the workplace that you should watch for. If you have seen any of these in your case, speak to your race discrimination attorney immediately:

Racial Stereotyping

Sometimes, subtle racism can happen even before you are hired. Suppose you have an MBA and 10 years of experience, and you seek employment with a company’s HQ. However, when you come for the interview, you have been referred to the warehouse for menial labor roles. While this could be an innocent mistake, it is possible that you were racially discriminated against.

Being Overlooked For Promotions

There is sometimes a ceiling beyond which some parties may feel they cannot advance because of race. Many talented and intelligent persons of color may not be able to move higher up the ladder at work because of racism. This can lead to promotions or salary increases going to those who are less qualified. It can be challenging to prove this type of case. However, note if you see other people of the same race not being promoted and getting raises. If there is a pattern of behavior over time at the company, it could be a race-related matter.

Supervisors Are Too Critical

All employees have struggles and challenges and need guidance and mentorship from supervisors. But if you are getting unending criticism and you are a minority, racism could be the reason. Proving this case means showing that much criticism is directed at people of a certain race while others of a different race receive preferential treatment.

Open Hostility

In some cases, there even could be open hostility in the workplace against people of a certain race. For instance, have you ever been made fun of at work because of how you speak? Or were your cultural behaviors mocked? Were the foods you eat made fun of? Any of these are signs of racial discrimination at work.

Evidence To Prove Work-Related Racial Discrimination

So, you believe you were discriminated against at work because of your race. Now what? To file and win a discrimination case, you will need plenty of evidence. For example, if someone less qualified was promoted over you, it will help if you can prove you have a strong employment record. Evidence that could be used to prove your case could include:

  • Copies of previous performance appraisals showing your outstanding record
  • Letters of recommendation and commendation from your current and previous employers
  • Copies of your work projects that demonstrate the quality of your work
  • Copies of other employees’ work to show the comparison between them
  • Witness testimony showing that racially discriminatory language or actions occurred at work

How To File A Report For Job-Related Racial Discrimination

There are two ways to file a charge of racial discrimination at work. They are:

File A Report With the EEOC

If you think you were discriminated against at work because of race or color, you may be eligible to file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). A charge of discrimination is a signed document that states that your employer engaged in racial or other types of prohibited discrimination. It also requests the agency to take legal action.

You can file a charge of discrimination through the EEOC’s public portal after you make an online request and the agency interviews you. Laws enforced by the agency require it to accept discrimination charges from the public. If the law does not apply to your racial discrimination claim, or if the charge was not filed on time, the EEOC may dismiss the charge without additional investigation.

File A Report With The FEHA

The other option is to file a report with the FEHA in California. The agency will investigate your claim and determine if it should pursue an action against the employer in court. If the agency decides you may have been discriminated against, it will issue you a right-to-sue letter. At that point, you may retain a race discrimination lawyer to represent you in a discrimination lawsuit.

Also, before filing a report with the state or federal authorities, consider calling our Orange County race discrimination lawyer to review your case. Tell them what happened in your alleged discrimination case, and they may advise you on how to pursue the potential claim. Remember, discrimination victims represented by an attorney may have a better chance of receiving damages in a claim than those who attempt to handle the matter alone.

Speak To Our Orange County Race Discrimination Lawyers

If you think you were racially discriminated against at work, you should speak to our Orange County race discrimination lawyers at Law Office of Joseph Richards. Our attorneys are experienced in race discrimination litigation and will fight aggressively to obtain justice for clients.

Racism should never be tolerated in the workplace, and we are ready to fight for our client’s rights, so call today at (888) 883-6588 for a case review. Our attorneys will listen to your story during the free consultation, and if the case is accepted, we will construct a legal strategy to get the best results.

Posted on

What Is Considered Race Discrimination In California?

race discrimination

It is illegal in California and the United States for an organization or employer to discriminate against someone based on race or ethnicity. Therefore, you should take legal action if you think you have been discriminated against in California for employment purposes. Learn more in this article about race discrimination in California, and speak to our race discrimination lawyers in Riverside at Law Office of Joseph Richards, P.C. for additional information.

What You Should Know About State And Federal Race Discrimination Laws

No worker should ever need to tolerate racism on the job, but it still happens. A recent Gallup poll states that almost 25% of Hispanic and Black employees nationwide reported facing racial discrimination at work in the last year. Workers who make more money reported being discriminated against almost as often as those with lower salaries. California and federal laws bar companies from discriminating against you for your race. These laws are:

  • Federal law: Title VII of the Civil Rights Act of 1964 bans racial discrimination, meaning unfavorable treatment based on a worker’s race. The law applies to all organizations with a minimum of 15 full-time and part-time employees.

What Are Examples Of Racial Discrimination At Work?

Most race discrimination claims at work in California are complex because racism can take many different shapes, but sometimes the discrimination is blatant and subtle. Some common examples of job-based race discrimination are:

  • Lower wages: It could be discrimination if you observe people of other races receive higher pay than you with the same qualifications and experience.
  • More scrutiny: Do you notice that managers pay more attention and supervise you more closely than employees of another race?
  • Hostile workplace: A workplace is illegally hostile if the worker must deal with mistreatment because of their race.
  • Refusal to promote or hire: A company may violate the rights of people applying for jobs by not hiring them according to race. Also, your rights could be violated if race was a reason they did not receive a promotion.

Perceived Race

Racism in the workplace is illegal even if the person is incorrect about your race. Anti-discrimination laws also apply if someone perceives you to be of a certain race or color. So, it is not a defense for a company to say that it was incorrect about your color or race.

Suppose a company does an interview with a Korean woman and she is not hired because the interviewer has a bias against people from South Korea. However, the woman was a US citizen and was born in the US to parents from China. If the applicant makes a discrimination complaint, the fact that the interviewer was wrong about her race is irrelevant. However, the employer could still be punished for breaking state and federal laws against discrimination.

Spouse’s Or Family’s National Origin

State and federal discrimination laws also can protect you if you have a spouse or family member of another race. The company cannot discriminate against you because your spouse is of another race.

For example, suppose a company wants to promote someone Hispanic. But the manager sees the worker’s family photo and notices he is married to a white woman. The manager dislikes people marrying outside their race and decides to give the promotion to someone less qualified. This is a violation of state and federal law.

Laws Apply To Non-Minorities, Too

Most employment-based racial discrimination involves minorities, but not always. Employment discrimination is also illegal against white people. For instance, a grocery store manager interviews a white female for a cashier position, but he hires an Asian applicant with less experience because the manager thinks Asians have a stronger work ethic. The manager violated the law even though the discrimination involves a white applicant.

How To Report Race Discrimination

It is common for employees to worry about workplace retaliation if they report racial discrimination. You have the right to report when you are discriminated against at work. This includes making complaints to your HR department and filing a legal complaint. The Equal Employment Opportunity Commission (EEOC) states that companies cannot retaliate against employees who report discrimination.

In California, you can file a claim with the EEOC, but in some cases, California law has broader safeguards for anti-discrimination cases than national law. So, many Californians prefer filing their discrimination claim with the California Civil Rights Department (CRD).

If you wish to file a lawsuit against the company for race discrimination, you must try the administrative options first to resolve the issue. This might mean you must go through a CRD complaint before filing suit. However, racial discrimination lawyers in Riverside may assist with filing a CRD complaint and get a right-to-sue notice and not wait for the administrative case to conclude first.

You may file a race discrimination complaint with the CRD, but it usually must be submitted within three years of the last time you were discriminated against or retaliated against. But there are exceptions, such as if you only became aware of the discrimination after the three years had expired.

The CRD will perform an intake interview to decide if the complaint should be investigated. Then, someone from the CRD will contact a complainant within two months to discuss the alleged incident or harassment based on race. If the case is accepted, the complaining party will need to sign the complaint and it is delivered to the employer.

How the case proceeds from that point depends on how the employer responds. It may be settled through mediation, but if not, the CRD could file a discrimination lawsuit against the company. If the CRD closes the claim without action, you may still be able to file a lawsuit on your own.

Contact Our Race Discrimination Lawyers In Riverside

Racism in any context is unacceptable, but it continues to be a problem in some California workplaces. Fortunately, you do not have to tolerate racial discrimination in the workplace. Our experienced race discrimination lawyers in Riverside at Law Office of Joseph Richards, P.C. may be able to help, so call (888) 883-6588 today.