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Race discrimination, or that which is based on skin color, in the workplace is a rampant problem in the U.S. today. Despite the state’s strict employment laws and myriad worker rights, California is no exception. Discriminatory employers may subject workers to unfair, unlawful, and adverse employment actions simply because of their race. It is up to victims to take a stand against employers guilty of race discrimination. You could be eligible for compensation as a victim of discrimination in Los Angeles.
The Law Office of Omid Nosrati functions on the belief that each and every employee deserves equal opportunities in employment. There are no exceptions. We believe deeply in the state and federal laws that are in place to help protect the rights of all employees, regardless of race, color, sex, gender, religion, or disability. Our firm works hard to uphold the law and may be able to help you fight against discrimination. Hiring our experienced Los Angeles discrimination lawyers puts you with an award-winning attorney.
Litigating race discrimination matters requires specific, detailed knowledge of the law and how to apply the facts of each case to meet the technical legal requirements in this area. We will conduct a thorough investigation in order to find evidence of discrimination. For instance, we may find direct evidence of discrimination, such as derogatory comments by a supervisor. Our investigation could also find circumstantial evidence, such as evidence that you were performing your job satisfactorily but suffered an adverse employment action anyway. In many cases, we might find some combination of direct or circumstantial evidence. In any event, we will work hard to present a strong case based on the evidence.
We work closely with all of our clients in pursuit of their racial discrimination cases. This personalized attention allows us to tailor each case to the specific needs and goals of each client. Whether the client is best served by negotiated settlement or by trial, our firm helps clients understand all of their available legal options so they can choose from those options intelligently and confidently.
Race discrimination can be overt or subtle. It can come in the form of an employer only hiring people of one race or refusing to hire people of a certain race or color. It can also take the shape of excluding an employee from workplace opportunities, projects, or activities. Race discrimination can make it impossible for qualified applicants to get jobs or move up within a company. It can also cause significant harms such as lost wages, loss of career opportunities, and mental or emotional suffering. Examples of race/color discrimination include:
There are endless examples of race-related employment discrimination. The key thing to remember is that if your employer subjects you to any type of adverse employment action based on your race, it is discrimination. As soon as you suspect discrimination in any shape or form, come to the lawyers at The Law Office of Omid Nosrati for assistance.
The Seventh Amendment of the Civil Rights Act of 1964 is one that you hear of frequently as it applies to racial discrimination in the workplace. This amendment is commonly known as Title VII, and it provides protection to citizens from being discriminated against by employers based on their national origin, sex, religion, color, or race.
It is important not only for individuals to know their rights but for employers to understand and abide by the laws that protect employees. Title VII is very specific in the way it outlines the protections for employees so that employers treat job applicants and employees fairly, regardless of whether they are in the process of being hired for a job or already employed.
For an employee to prove racial discrimination, they do not need to show that it was the only motivating factor. Negative employment actions and termination are legally considered to be wrongful if they are based on a combination of both illegal and legal reasons. Employers are apt to readily claim any type of legal reason for negative employment action, but of course, they are not as agreeable to admitting to illegal reasons. When gathering evidence of racial or ethnic discrimination during the hiring process or employment, there are two types to consider.
Another effective means for discrimination lawyers to build a case for workplace discrimination or harassment on indirect evidence is to show that there has been a pattern of other co-workers who exhibit the same protected characteristics being treated unfairly or receiving negative treatment in the workplace.
Many people do not understand the level of workplace race discrimination among workers today unless they perform a service, such as a racial discrimination attorney, in which they hear the stories on a regular basis. The numbers, however, make a very clear point that this is a problem. The U.S. Equal Employment Opportunity Commission states that the highest proportionate number of claims they process are related to race discrimination. Over 28,000 racial discrimination cases have been filed in one year with this agency, and that does not account for the number of cases reported by other agencies on the state level all across the country. Additionally, there is an unknown number of individuals who are victims of discrimination before they even get through the doors of the workplace. You can see why there must be laws in place to protect against this abhorrent behavior.
Many studies have shown that when it comes to simply getting an interview for a job, individuals who happen to have “African-American sounding” names are far less likely to be called for an interview than those with names that sound Anglo. When a person searching for work has a name that is perceived to be “white,” it is reported that they typically hear back from about one out of every ten companies with which they have applied. When looking at the same studies among job-seekers with names that “sound black,” those individuals only get a call from an average of one in every fifteen prospective employers.
Once a person has been hired, there is the question of money. Statistically speaking, a person of color will be paid far less money than a white colleague at the starting level for the same position at the same company. With all of the studies that have been conducted, you would think that it is easy to make a valid legal case for racial discrimination. However, it can prove to be quite difficult. It is discouraging for anyone to think about filing a legal claim for race discrimination in the workplace when they consider that just slightly over one percent of these claims have resulted in financial compensation for the victim. With the help of a knowledgeable Los Angeles race discrimination attorney, however, wrongfully terminated employees, current employees, and prospective employees alike may seek and attain compensation for the abuses they have suffered.
The first step in proving your case is to keep a detailed record of any and all examples of racial discrimination that you see in your workplace. Report these events to your employer by whatever means they have in place to handle discrimination. Consult a Los Angeles race discrimination attorney if there is no way to report the incidents or if nothing is done about them.
There are, in fact, subtle ways that an individual may be discriminated against in the workplace. Back-handed praise, comments, and “compliments” can be signs of discrimination. Another example is being treated differently due to the skin color of your spouse or partner and even the people you hang out with. Being made to feel uncomfortable for displaying a photo of your spouse on your desk, due to their race, for example, can be discriminatory.
During the interview process, it is illegal for the employer or supervisor to ask questions related to the national origin, color, or race of an individual. Stating that your name is unusual, asking “where you came from,” and even asking questions about ethnicity that are disguised as compliments can be not only inappropriate but against the law. If you experience this at a job interview, it is wise to ask the interviewer to repeat the question, so you can be sure there was no mistake of the intent.
There are many scenarios in which racial discrimination may arise in the workplace. Some examples include being refused employment, denied promotions, suffering harsher disciplinary actions than co-workers of a different race, being paid less for performing the same job or equal work, and even being fired. All of these examples are prohibited by Title VII of the Civil Rights Act of 1964. This amendment to the Act also makes it illegal to create or tolerate an environment that employees of a particular race feel is hostile or to implement policies that have a distinct impact on employees of a certain race.
The best way to determine whether you should hire a Los Angeles racial discrimination attorney for your case is to have a consultation. You may obtain a great deal of information online regarding whether or not you may pursue legal action against an employer for race discrimination, but there are many factors that must be taken into consideration. Depending on where you live and work, different statutes may come into play, and only a qualified attorney has the expertise to truly determine the best course of action. Nevertheless, you want to be sure to have well-documented evidence gathered and ready to present.
If you have not been terminated and face discrimination on an ongoing basis at work, you do not want to waste any time consulting a lawyer. If your employer suspects that you may be considering a lawsuit, they are likely to attempt to destroy any evidence of their actions. Discussing these matters with friends, trusted colleagues, and family may help you to gain the courage you need to take action. However, you need to take the necessary actions to stop the inappropriate behavior. Securing legal representation quickly is the best approach to dealing with racial discrimination in the workplace.
If you feel that you have experienced racial discrimination at a job interview or while employed, it is vital to take the necessary steps to seek compensation by contacting a Los Angeles racial discrimination attorney. Swift legal action against your discriminatory employer can be crucial in these types of cases. If you believe you have been a victim of race discrimination, call our employment lawyers today at (310) 553-5630 or visit our website to schedule your free case consultation at our Los Angeles office.