Racial Discrimination

Racial Discrimination

Los Angeles Employment Attorney

In 2011, the most prevalent form of employment discrimination was racial discrimination. According to the US Equal Employment Opportunity Commission, it received a total of 35,395 complaints of racial discrimination that year.

Since the mid-1990s, the Employment Opportunity Commission has received 125% more complaints of racial discrimination in the workplace. Racial discrimination has been defined by the U.S. Equal Employment Opportunity Commission as "treating someone unfavorably because he/she is of a certain race or because of personal characteristics associated with race…"

Individuals who often face the brunt of racial discrimination include African-Americans, Latinos, Asians, American-Indian, Arabs and Jews. According to a study in Law & Society Review, African Americans and Hispanics are less likely than Caucasians to score interviews/job offers. A study by the National Bureau of Economic Research found that "Black" sounding names resulted in less job callbacks. Black unemployment remains double the national rate.

What Illegal Treatment by an Employer Can Include

Along with federal law, The California Fair Employment and Housing Act (FEHA) also prohibits discrimination against employees or applicants on the basis of their race or ethnicity. Under Title VII of the Civil Rights Act of 1964, an employer is prohibited from:

  • Failing/refusing to hire an employee due to their race
  • Firing/disciplining an employee as a result of their race
  • Paying an employee less/providing them with fewer benefits because of their race
  • Failing to provide benefits, promotions or opportunities to an employee due to their race
  • Improperly classifying or segregating employees/applicants as a result of their race

Whether you believe you weren't hired because of your race, that you were fired because of your race, that you were passed up for a promotion because of your race or whether you make less pay than someone equally qualified as you or your job classification has remained stagnant (even though your responsibilities have grown), you should speak with an employment attorney. It is likely you are a victim of racial discrimination and this kind of harassment should not be tolerated. For more information, you can check out the U.S. Equal Employment Opportunity Commission's page, "Facts about Race/Color Discrimination."

Examples of racial discrimination include an employer saying, "We didn't want to employ a receptionist with an accent" or "We've employed people from your nation before; we don't want someone with a poor work ethic." Racial harassment can take many forms from name-calling to racist jokes to the presence of hateful symbols (like swastikas) in the workplace. Being given unfair job assignments or not being given equal access to training could also constitute racial discrimination. Sometimes you can even be racially discriminated against for marrying another race. If you believe you are being discriminated against, it is important that you take the following steps:

  • Take detailed notes of the discriminatory actions experienced (include date of the event, action done, list of names of the people who witnessed the accident)
  • Talk with your company's HR officer
  • Consult with an employment lawyer
  • File a formal complaint

Were you discriminated against? Fight for your rights today!

If you believe you have been racially discriminated against, you deserve the chance to fight back! You could be entitled to compensation that includes back pay, front pay, emotional damages, punitive damages, attorney fees and costs.

A discrimination report can be based on "disparate treatment" or "disparate impact." Disparate treatment is when an employee is subject to discrimination as a result of their race, ethnicity, skin color and other similar characteristics. Disparate impact is when an employer's policies adversely affect employees on the basis of race, ethnicity, skin color and other similar characteristics. To win an anti-discrimination lawsuit, the following must be proven:

  • You are a member of a protected class
  • You were qualified for the job that you applied for or were meeting your employer's job expectations when you were disciplined or terminated from your job
  • You were not hired or promoted, whereas somebody outside of your protected class was hired or promoted
  • You were fired and replaced by somebody outside of your protected class
  • The circumstances of your employer's hiring, promotion or termination gave rise to a "reasonable inference" of discrimination
  • Your employer's false explanation was meant to make the discriminatory action appear legitimate

If you believe that you have faced racial discrimination, you cannot afford to wait; you need to secure legal representation immediately! While the evidence remains fresh, you should get the experienced team at Martinian & Associates INC. involved. Over the years, we have successfully handled hundreds of jury trials and have secured millions of dollars in verdicts and settlements. When employers illegally discriminate in the workplace, they should be held accountable; for the legal assistance you need, contact our firm today! We provide free consultations!

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