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Racial discrimination is unacceptable in any scenario, but it is especially heinous in the workplace. When an employer uses an employee’s racial identity to harass and discriminate against them, seeking legal help from an employment attorney is necessary for rectifying the situation. In Santa Clarita, the employment lawyers at the Law Office of Omid Nosrati can help take on an employee’s discrimination claim and give them the legal support needed to file a discrimination case against their employer.
Both state and federal laws forbid workplace discrimination based on race, ethnicity, skin tone, and national origin. Colorism, or the targeted discrimination of those with darker skin tones within the same racial group, is also a form of racial discrimination. Racial discrimination is not permitted in any employment process, including job postings and training programs, application and interview processes, recruitment, job transfers, promotions, and working conditions.
When racial discrimination is practiced in the workplace concerning the position’s requirements for employment, it is against the law. Almost anything about a job can be considered part of its requirements, including compensation, position, role, work times, vacation hours, etc. Termination and qualifications for termination are also considered practices relating to a job and its performance, meaning that discrimination in separation procedures based on race also violates anti-discrimination laws.
Workplace racial discrimination can be described as disparate treatment or disparate impact. Disparate treatment is when an employer singles out an individual or group of employees based on protected traits like race, ethnicity, or skin color. This can happen through promotions and terminations. Instances of this include situations where only people of color are let go or where only those with fair skin are given promotions. Similarly, if an employer only chooses to hire white employees from their application pool, while only denying non-white employees for the position, this could be an overt example of racial bias in hiring practices.
On the other hand, a less overt form of workplace racial discrimination has a disparate impact. It happens when a company’s policies, practices, or processes negatively affect employees based on their race, ethnicity, skin color, or another comparable attribute, even though the business may not have intended to discriminate. It includes items like laws, rules, and policies put in place by an employer that appear to be race-neutral on the surface, but they have a different effect on persons of various races.
If you think you are a victim of racial discrimination in the workplace, you should take some precautions to safeguard yourself and gather more proof for a future claim. Some of the best ways to prepare include:
From there, speaking with an employment lawyer about your experience is crucial for forming a case against your employer. Using this evidence, along with any testimony from your coworkers or medical professionals, you can start addressing the harassment you face in the workplace and help put an end to these practices.
Federal statutes safeguard employees against racial discrimination at work. The Civil Rights Act of 1964’s Title VII states that it is forbidden to discriminate against employees or job applicants based on race or color. Making choices based on presumptions and prejudices about people’s characteristics, talents, and performances is likewise illegal. California has state-specific anti-discrimination laws. Employers with five or more employees are prohibited under the California Fair Employment and Housing Act (FEHA) from treating employees, contractors, applicants, or unpaid volunteers differently based on their race.
It can be difficult to estimate how much your discrimination case might be worth. Although many of these issues are resolved outside of court, others do go to trial. The Equal Employment Opportunity Commission (EEOC) reports that the typical settlement for claims of job discrimination is around $40,000. Nonetheless, settlements or judgments can reach seven figures depending on the specifics of the case. Some of the most common damages awarded in these settlements include:
It can be a major move to decide to file a discrimination claim against your workplace. Deciding whether it is worthwhile to file a claim is one of the biggest questions facing employees, but there are several advantages to bringing a discrimination claim. It won’t just help you. It can also help your coworkers because it probably makes the workplace safer by fostering a better atmosphere for everyone.
A: You can submit a Charge of Discrimination if you feel that you have experienced discrimination at work because of your race. A signed accusation that an employer, labor group, or union committed employment discrimination is known as a charge of discrimination. It requests that corrective action be taken by the Equal Employment Opportunity Commission (EEOC).
A: If you have proof and paperwork to back up your claim, your chances of succeeding in a racial discrimination case are significantly higher. Such evidence could be explicit or inferred based on communication. Documenting discrimination or harassment occurrences as they happen is highly advised for people who experience it. Keeping a record of any discriminatory behaviors or remarks displayed by your boss, coworkers, or even clients or customers would be beneficial.
A: Court appearances must be made within specific time frames for racial discrimination cases. You must file your claim within six months of the incident or incidents you are describing as racial discrimination. If the court determines that it is just and fair to do so, it may grant a claim that is made after the deadlines have passed. The window of opportunity to file a claim for workplace discrimination is three months.
A: Racial discrimination at work could occur in a variety of situations. Being denied employment, being passed over for promotions, being subjected to harsher disciplinary measures than coworkers of a different race, and getting paid less for doing the same position or identical work are a few prominent examples. The Civil Rights Act of 1964’s Title VII forbids all of these instances.
Racial discrimination in the workplace creates an objectively unsafe work environment. Often, these issues require legal intervention to handle, meaning that the help of an employment attorney is needed to handle your case. For those in the Santa Clarita area, the Law Office of Omid Nosrati can give you the necessary legal support to properly confront your employer and put an end to this discrimination. For information on our services, including a full list of our other employment law specialties, contact us today.