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Discrimination Lawyer

Imagine walking into work, feeling a knot in your stomach as you’re overlooked, singled out, or
treated unfairly, simply because of your race. In a state striving for equality and unity, it’s
disheartening to acknowledge that race discrimination still exists in California, especially in the
How Can Theory
workplace. Race discrimination in the workplace undermines the principles of equal opportunity Law Help You?
but also hinders the potential of talented individuals who are treated unfairly because of the color
of their skin.

Here at Theory Law APC, we understand how destructive race discrimination can be, not just to an If you need help regarding a legal matter and
individual’s career, but also their self-esteem and overall well-being. A knowledgeable and would like to discuss it with an attorney, please
dedicated Los Angeles Discrimination Lawyer at our office will fight tirelessly for your rights, call (310) 500-0206 or complete and submit
helping to ensure your rights are protected, and you are treated with dignity and respect, the e-mail form below, and the attorney will
regardless of your race or ethnicity. We’re here to help you navigate the complex legal process, contact you.
standing by your side every step of the way, and will hold your employer responsible for race
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discrimination.
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Understanding Race Discrimination at Work
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Typically, race discrimination in the workplace involves treating an employee differently because Email
of their race or personal characteristics associated with race. Racial discrimination can can occur in
the workplace subtly or blatantly, influencing a person’s hiring, firing, promotion, job assignment, or Your number (required)
other terms of employment.
Phone

An instance of race discrimination in the workplace is the case of an Asian-American employee

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repeatedly passed over for a promotion. The management justifies this by saying that she doesn’t
fit the company’s leadership profile. Meanwhile, her less experienced Caucasian counterparts
receive promotions. This scenario is a textbook case of race discrimination, as direct discriminatoin
based on race.

Other types of race discrimination can happen, such as:

Refusal to hire a job applicant based on their race or racial features.

Discriminating against an employee by limiting their job assignments, training, or benefits. Let's Talk
Demoting, firing, or suspending an employee because of their race.
Harassing an employee by making racial epithets, derogatory remarks, and offensive jokes
based on their race, creating a hostile workplace.
Practice Areas
Legal Protections of California and Federal Laws
 Discrimination
At both federal and state levels, there are laws in place to protect individuals from race
discrimination. Title VII of the Civil Rights Act is the primary federal law prohibiting race
discrimination in the workplace. It also forbids discrimination based on color and national origin.  Sexual Harrassment

California, renowned for having some of the strongest anti-discrimination laws in the country, is  Wage and Hour
governed by the Fair Employment and Housing Act (FEHA). FEHA provides broader protection than
Title VII and prohibits discrimination based on race, color, ancestry, and national origin, among other
 Whistleblower
characteristics. It’s essential to note that FEHA covers businesses with five or more employees,  Workplace Harassment
offering protections to more individuals than Title VII.

For instance, under FEHA, an African-American employee who’s subjected to racial slurs and  Wrongful Termination
offensive graffiti in the workplace has a right to seek recourse. The employer has a duty to prevent
racism and provide a workplace free of harassment. Failing to take necessary action against such  Age Discrimination
behavior could leave the employer liable under FEHA.

Both federal and state laws provide employee rights and protections to foster an environment of  Disability Discrimination
equal opportunity in the workplace and prevent unfair employment practices. Employers must
have fair employment practices for job applicants and employees alike, regardless of whether  LGBTQ Discrimination
they are currently working for the employer or are in the process of being hired.

What is Direct Discrimination and Indirect Discrimination Based  National Origin Discrimination
on Race?
 Pregnancy Discrimination
Race discrimination in the workplace can happen in various ways. It might be overt, covert, or even
unintentional, resulting from implicit bias. It can occur as direct discrimination or indirect
discrimination. Direct discrimination occurs when an employee is treated differently because of  Religion Discrimination
their race, such as a new manager refusing to promote a highly qualified employee to lead
supervisor.

Indirect discrimination, on the other hand, occurs when a seemingly neutral policy or practice
disproportionately affects employees of a particular race. For example, a company policy requiring
employees they hire to be clean-shaven might disproportionately impact African American men
who are more likely to suffer from a skin condition aggravated by shaving.

Real Life Examples of Race Discrimination

Though workplace discrimination based on race is not limited to the following examples, here are
a few instances, ranging from overt acts of prejudice to more subtle biases that influence decision-
making:

Biased Hiring Practices: An employer might reject a candidate because of their race, even if
they are well-qualified for the job. For instance, an Asian American applicant might be
overlooked for a managerial position because the hiring manager, either consciously or
subconsciously, believes the stereotype that Asian Americans are not assertive leaders.
Racial Harassment: This can include offensive jokes, slurs, racial epithets, or derogatory
comments based on the employee’s race, or perceived race. For example, an African
American employee subjected to repeated racial slurs by coworkers, which creates a hostile
work environment. Discrimination based on the employee’s race can also occur because of
the changes to the employee’s job.
Favoritism: This occurs when the employer shows favoritism or unfair treatment based on
race. Suppose an employer consistently gives better projects or promotions, or access to
training to employees of a particular race. This destroys the employee’s chances of advancing
at the company, leading to write-ups and then her firing.
Exclusion: A worker might be systematically excluded from meetings, social events, or
important email threads because of their race. For example, an Indigenous employee might
find himself consistently left out of team-building events, impacting his ability to collaborate
effectively with the team.
Unfair Discipline or Dismissal: If an employer is quicker to discipline or fire employees of a
certain race, this could indicate race discrimination. An example might involve an Asian
employee who is fired for a mistake, while her white colleagues who’ve made similar errors
are simply reprimanded.
Retaliation for Reporting Discrimination: An employee who reports racial discrimination
might face retaliation, such as demotion, increased scrutiny, or even termination. For instance,
an African American employee who files a complaint about racial discrimination finds herself
suddenly demoted to a lesser role.

Proving Race Discrimination

In order to successfully prove race discrimination, the employee must show that the employer’s
unlawful conduct was motivated by the employee’s race. Understanding the essential elements
and evidence requirements for proving race discrimination is important to safeguarding your
rights. There are generally four key elements in proving race discrimination.

1. The individual was an employee and belonged to a protected class. In the United States,
everyone, regardless of their racial background, is protected from race discrimination.
2. The employee must have experienced an adverse employment action. This can include
being fired, demoted, suspended, receiving a pay cut, or passed over for promotion, among
other things.
3. Was qualified for the position or job benefits, or the employee was meeting their employer’s
legitimate expectations at the time of the adverse action.
4. Must show that the employer took the adverse employment action because of the
employee’s race.

Is Favoritism a Form of Race Discrimination?

While favoritism itself isn’t illegal, it can become a legal issue if the favoritism is based on race. For
example, if a manager only promotes employees of a specific race while equally or more qualified
employees of other races are overlooked, it can be a form of race discrimination.

When Does Favoritism Cross the Line?

Favoritism crosses the line into discrimination when decisions about job assignments, promotions,
raises, or other work conditions are based on race. For instance, if a supervisor consistently gives
the best assignments or promotions to employees of a certain race while other qualified
employees are overlooked, this could be considered race discrimination.

Identifying Harassment Based on Race

Racial harassment is another form of race discrimination that often surfaces in workplaces.
Harassment can include offensive or derogatory comments about a person’s race or color, racial
slurs, or the display of racially-offensive symbols. Even offhand comments or isolated incidents can
be classified as harassment if they’re severe enough to create a hostile or offensive work
environment.

Consider this real-life example: A Hispanic construction worker regularly finds offensive graffiti at
his worksite and is often the butt of racist jokes from his colleagues. Despite reporting this behavior
to his supervisor, no action is taken. This situation illustrates racial harassment, with the employer
potentially liable for failing to address the reported conduct.

The Intersection of National Origin and Race Discrimination

National origin discrimination often intersects with race discrimination, as these two forms of
prejudice are closely linked. National origin discrimination involves treating individuals unfavorably
because they are from a particular country, part of the world, or have an accent or appear to be of a
certain ethnic background.

Let’s take an example: An IT company refuses to hire a highly skilled applicant because he is from
the Middle East and the hiring manager assumes that clients would feel uncomfortable dealing
with him. This is a clear case of national origin discrimination that also has elements of race
discrimination.

Employer’s Responsibility and the Duty to Prevent Racism

Employers have a legal responsibility to maintain a workplace free of discrimination and
harassment. They are expected to take reasonable steps to prevent and promptly correct any
discriminatory behavior.

This includes implementing clear anti-discrimination and harassment policies, providing training to
employees, and promptly addressing any complaints of race discrimination or harassment. If an
employer fails to fulfill these duties, they could be held liable for any discrimination or harassment
that occurs in their workplace.

What to Do if You Experienced Race Discrimination?

Facing racial discrimination can be a challenging and distressing experience, but there are steps
you can take to help your case:
 1. Note instances of discrimination as they occur, noting the date, time, location, people
involved, and what exactly happened. Direct evidence, such as racially derogatory
comments, can be very powerful.
2. In some situations the discrimination may be more subtle. Is a particular race frequently
passed over for promotions, given unfavorable assignments, or disciplined more harshly than
others?
3. If others have observed the discriminatory behavior, they could serve as witnesses. Note their
contact information and a brief summary of what they witnessed.
4. Keep copies of all employment-related documents, including performance reviews,
disciplinary records, email or message exchanges, and any other relevant paperwork.
5. Navigating a discrimination claim can be complex. Consulting with an experienced
employment lawyer, like those at Theory Law APC, can provide you with valuable guidance.
In the alternative, you can file a complaint with a government agency, such as the Equal
Employment Opportunity Commission (EEOC). In California, the Civil Rights Department,
formerly Fair Employment and Housing (DFEH), also handles such complaints.
Race discrimination and harassment persistently affect countless individuals in the workplace,
leading to undue stress and preventing career progression. Nobody should endure unequal
treatment because of their race. An employee who believes they have experienced discrimination
or harassment based on their race has many options to assert and protect their rights.

If you believe you have been a victim of race discrimination or harassment, don’t hesitate to seek
help from a knowledgeable Los Angeles Discrimination Lawyer at Theory Law APC. They can guide
you through the process and help you understand your rights and options under both California
and federal laws.

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