Workplace discrimination based on race, ethnicity, or national origin is illegal in Los Angeles. If you have been fired, demoted, harassed, or treated unfairly because of your race, California's Fair Employment and Housing Act (FEHA) and federal laws protect you. This article outlines what constitutes race discrimination, your legal rights, and the steps you can take with the help of an experienced Los Angeles race discrimination lawyer to secure the justice and compensation you deserve.
Tables of Contents
- What is Race Discrimination?
- Federal vs. California Laws: Your Protections Against Discrimination
- What Does Workplace Race Discrimination Look Like?
- Proving Your Race Discrimination Claim in California
- Steps to Take if You Are a Victim of Workplace Discrimination
- Compensation You Can Recover in a Discrimination Lawsuit
- Frequently Asked Questions
- Why Choose Kingsley Szamet Employment Lawyers?
- Get Help With Your Claim
What is Race Discrimination?
Race discrimination in employment involves treating an employee or job applicant unfavorably because they are of a certain race or have personal characteristics associated with race. These characteristics can include hair texture, skin color, facial features, or cultural attributes. The workplace discrimination can be obvious or subtle, but any unfair treatment based on these factors violates your legal rights.
Race, national origin, and ethnic discrimination are related but distinct forms of workplace discrimination. National origin discrimination occurs when someone is treated unfairly because they are from a specific country or region, or because they have an accent or ancestry from a particular place, as defined in California Code of Regulations, Title 2, Section 11028. Ethnic discrimination involves unfair treatment based on belonging to a specific ethnic group, such as being Hispanic, Asian, or Middle Eastern. These forms of discrimination often overlap with race discrimination and are all illegal under California and federal law.
Federal vs. California Laws: Your Protections Against Discrimination
Two primary laws protect you from workplace discrimination: Title VII of the Civil Rights Act of 1964 (Federal Antidiscrimination Law) and the California Fair Employment and Housing Act (FEHA). FEHA is one of the most protective anti-discrimination laws in the country and offers broader coverage than federal law. Understanding the differences between these laws helps you know which protections apply to your situation.
Comparing Key Anti-Discrimination Laws
| Feature | Title VII (Federal) | FEHA (California) |
|---|---|---|
| Applies to Employers... | With 15 or more employees | With 5 or more employees |
| Protected Classes | Race, color, religion, sex, national origin | Includes all Title VII + ancestry, marital status, sexual orientation, gender identity, medical condition, etc. |
| Harassment | Prohibited | Prohibited (applies to employers of any size, even 1 employee) |
| Enforcing Agency | EEOC (Equal Employment Opportunity Commission) | CRD (Civil Rights Department) |
What Does Workplace Race Discrimination Look Like?
Discrimination is not always obvious and can be subtle or part of a pattern of behavior over time. It is defined by any action that negatively affects the terms, conditions, or privileges of employment based on your race. Recognizing discrimination in its various forms is essential to protecting your rights.
Common Examples of Adverse Employment Actions
- Wrongful Termination: Being fired or laid off because of your race is illegal. Victims may have a wrongful termination claim.
- Refusal to Hire: Not being hired for a job you were qualified for.
- Unequal Pay: Receiving lower pay than colleagues of a different race in the same or similar role.
- Denial of Promotions or Training: Being repeatedly passed over for advancement opportunities given to others.
- Demotion or Unfair Assignments: Being demoted or given unfavorable shifts, clients, or territories.
- Unfair Discipline: Being disciplined more harshly than employees of another race for similar infractions.
Racial Harassment & Hostile Work Environment
A hostile work environment occurs when conduct based on race is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. Under California Government Code Section 12940, employers are prohibited from allowing such harassment to continue. The behavior does not need to happen every day, but it must be serious enough that a reasonable person would find the workplace abusive.
Examples of racial harassment include racial slurs, offensive jokes about someone's race or ethnicity, displaying racist symbols or images, derogatory comments about a person's ancestry, or singling someone out for mistreatment based on their race. Even if the harasser claims they were joking or did not mean harm, the impact on you matters more than their intent. If your employer knew or should have known about the harassment and failed to stop it, they can be held liable. We have a more detailed article on Things Your Boss Cannot Legally Do At Work that can provide additional information.
Proving Your Race Discrimination Claim in California
The obvious evidence of discrimination, like a racist email or recorded statement, is rare in most cases. Most discrimination claims are built on circumstantial evidence that shows a pattern of unfair treatment. California law recognizes two main types of discrimination claims, and understanding which applies to your situation helps build a stronger case.
Disparate Treatment (Intentional Discrimination)
Disparate treatment is being intentionally singled out and treated differently because of your race. To establish a prima facie case of disparate treatment, you generally need to show:
- You are a member of a protected class (such as a specific race).
- You were qualified for your job and performing competently.
- You suffered an adverse employment action (such as termination).
- Circumstances suggest a discriminatory motive (such as being replaced by someone of a different race, or colleagues of a different race were not disciplined for the same conduct).
Disparate Impact (Unintentional Discrimination)
Disparate impact occurs when a seemingly neutral company policy or practice has a disproportionately negative effect on members of a protected class. Even if the employer did not intend to discriminate, the policy can still be illegal if it unfairly impacts one racial group more than others. For example, a company policy requiring all warehouse employees to be 6 feet tall might seem neutral, but it would disproportionately exclude women and individuals of certain national origins. Unless the company can prove this requirement is a business necessity, it could be illegal.
Steps to Take if You Are a Victim of Workplace Discrimination
Taking the right steps after experiencing discrimination protects your legal rights and strengthens your case. Here is what you should do:
- Document Everything: Keep a private, detailed journal of all incidents, including dates, times, locations, what was said or done, and who was present. Save any relevant emails, messages, or documents.
- Report the Conduct: Report the discrimination to your supervisor or Human Resources (HR) department in writing, such as by email, so you have a record. This officially puts the company on notice and provides a basis for a retaliation claim if they punish you for complaining.
- Review Company Policy: Check your employee handbook for the official procedure for filing a discrimination or harassment complaint.
- Do Not Quit (If Possible): Quitting can make it more difficult to recover certain damages. If the environment is intolerable, speak to an attorney first about "constructive discharge."
- Contact an Experienced Los Angeles Race Discrimination Lawyer: An attorney can protect your rights, help you file an official complaint with the EEOC or California CRD, and ensure you meet all critical deadlines.
Compensation You Can Recover in a Discrimination Lawsuit
If your case is successful, you may be entitled to recover significant damages to compensate you for your losses and to punish the employer for their illegal conduct. California law allows for various types of compensation:
- Back Pay: Lost wages, bonuses, and benefits from the time of the discrimination up to the present.
- Front Pay: Future lost wages if reinstatement to your job is not feasible.
- Compensatory Damages: Compensation for emotional distress, pain and suffering, and mental anguish.
- Punitive Damages: In egregious cases where an employer acts with malice, oppression, or fraud under California Civil Code Section 3294, courts may award punitive damages to punish the employer and deter similar conduct. These damages are discretionary and reserved for the most serious violations.
- Attorneys' Fees and Costs: Your employer may be ordered to pay all legal fees and court costs you incurred.
Why Choose Kingsley Szamet Employment Lawyers?
Choosing the right lawyer is the most important decision you will make after experiencing workplace discrimination. At Kingsley Szamet Employment Lawyers, we are dedicated advocates for employee rights who understand the complex emotional and financial toll that workplace discrimination takes. We focus exclusively on employment law, giving us deep expertise in the legal strategies and tactics that produce results for workers throughout Los Angeles and California.
- A Record of Success in Employment Law: Our attorneys are experts in California's employment laws and stay current on every development in employment discrimination law. With $300 million in settlements and verdicts, we know how to build compelling cases using circumstantial evidence and have a track record of holding employers accountable for their illegal actions. Our exclusive 29 years of focus on employment law means we understand the nuances of workplace discrimination cases in ways that general practice firms cannot match.
- We Fight for You on a Contingency Basis: We believe everyone deserves justice, regardless of their financial situation. You will never pay us a dollar out of pocket when you hire Kingsley Szamet Employment Lawyers. Our fee comes as a percentage of the compensation we win for you, and if we do not win, you pay nothing.
- Compassionate Counsel, Aggressive Representation: We provide the personalized, compassionate support you need during this difficult time, while acting as aggressive and strategic litigators in the courtroom and at the negotiating table. You will have direct access to your attorney throughout your case, and we will keep you informed at every stage. Our approach combines empathy with fierce advocacy to deliver results for employees who have been wronged by their employers.
Need Help? Kingsley Szamet Is Here for You!
Proving discrimination based on race, color or national origin can be challenging, but with the right legal team, it can be done. Take the first step to protecting yourself and stopping this hurtful and illegal behavior. Contact us today to schedule a free consultation with our experienced Employment lawyers in Los Angeles today.
We provide the personalized, compassionate support you need during this difficult time, while acting as aggressive and strategic litigators in the courtroom and at the negotiating table. You will have direct access to your attorney throughout your case, and we will keep you informed at every stage. Our approach combines empathy with fierce advocacy to deliver results.
Schedule your complimentary initial consultation today by calling our Los Angeles Discrimination Law firm at (818) 990-8300.
Frequently Asked Questions
How long do I have to file a race discrimination claim in Los Angeles?
In California, you generally have one year from the date of the last discriminatory act to file a complaint with the California Civil Rights Department (CRD), or 300 days to file with the EEOC for federal claims.
What is the difference between the EEOC and the CRD (formerly DFEH)?
The EEOC is the federal agency enforcing Title VII, while the CRD is the California state agency enforcing FEHA. The CRD is often the better choice for California employees because FEHA is more protective and covers smaller employers.
Can I be fired for filing a discrimination complaint?
No, it is illegal for your employer to retaliate against you by firing, demoting, or harassing you for filing a complaint or participating in an investigation.
What if the person discriminating against me is the same race as me?
It is still illegal because discrimination is about actions based on protected characteristics, not just the identity of the person committing the act.
How much does it cost to hire a race discrimination attorney?
Most experienced employment lawyers, including our firm, work on a contingency fee basis, meaning you pay no upfront fees and we only get paid if we win your case.
What is the average settlement for a race discrimination lawsuit in California?
Every case is unique, so there is no average settlement, as the value depends on factors like the severity of the discrimination, the strength of your evidence, the amount of your lost wages, and the egregiousness of your employer's conduct.
What should I bring to my consultation with a lawyer?
Bring your journal of incidents, copies of any complaints you filed with HR, your performance reviews, pay stubs, and the names of any potential witnesses.
