If your employer treats you worse because of your race, color, or national origin, a race discrimination lawyer can explain your rights and your options. This page covers federal law and sits inside our employment discrimination practice area. Kingsley Szamet Employment Lawyers represents employees in Los Angeles and across California, and your first consultation is free.
What race, color, and national origin discrimination means
Race discrimination means being treated worse at work because of your race. Color discrimination is about skin tone, and it can happen between people of the same race. National origin discrimination covers where you or your family come from, and also things tied to it, like your accent or your ancestry.
It's illegal to discriminate in hiring, firing, pay, promotions, job assignments, training, and discipline. It's also illegal if the person who treats you unfairly shares your race.
Federal laws that protect you from race discrimination
Two federal laws do most of the work. They overlap, and many cases use both.
|
Feature |
Title VII |
Section 1981 |
|
Who it covers |
Employers with 15 or more employees |
Employers of any size |
|
What it protects |
Race, color, religion, sex, and national origin |
Race and ethnic ancestry |
|
Agency charge first |
Yes, with the EEOC |
No |
|
Filing time |
180 days, or 300 days in California |
Generally four years to sue |
|
Damages |
Capped by employer size |
No federal cap |
The Equal Employment Opportunity Commission, or EEOC, enforces Title VII. Section 1981 claims go straight to court.
What race and national origin discrimination looks like at work
Most cases involve an adverse action, meaning something that hurts your job or pay. Common examples include:
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Firing or laying you off because of your race.
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Refusing to hire a qualified applicant.
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Paying you less than coworkers of another race who do the same work.
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Denying you promotions or training.
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Giving you worse shifts, clients, or territories.
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Punishing you more harshly than others for the same conduct.
Racial harassment counts too. That includes slurs, jokes about your ethnicity or ancestry, racist symbols or images, and singling you out for mistreatment. The conduct must be severe or pervasive. That means a reasonable person would find the workplace hostile. Your employer is liable if it knew about the harassment and didn't stop it. Read more about a hostile work environment.
Some policies look fair but hurt one group more than others. That's called disparate impact. Say a warehouse requires every worker to be six feet tall. That rule could screen out women and some national origin groups. It's illegal unless the employer proves the job needs it.
Proving your race discrimination claim
Few employers admit bias. Most claims rely on circumstantial evidence. Courts often ask four questions:
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Are you in a protected group?
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Were you qualified and doing your job well?
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Did you suffer an adverse action, such as a firing?
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Do the facts point to bias, such as being replaced by someone of another race or being disciplined more harshly than others?
Evidence that helps includes emails, performance reviews, pay records, comments by managers, and how the employer treated similar workers. Be careful about quitting. It can make some damages harder to win, so talk to a lawyer first.
How a race discrimination lawyer can help you
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We review your documents and tell you which laws apply.
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We help you write a clear timeline of what happened and who saw it.
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We file your EEOC charge or state agency complaint before the deadline.
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We negotiate with the employer's lawyers and take the case to court if needed.
We also protect you from payback. If you complain and your employer fires or demotes you, that's retaliation, and it's a separate violation. See our page on workplace retaliation.
Steps to take before you call a race discrimination lawyer
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Write down each incident with the date, what was said, and who saw it.
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Save emails, texts, reviews, and pay stubs.
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Report the problem in writing to a supervisor or HR, and keep a copy.
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Read your employee handbook for its complaint process.
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Talk to an employment lawyer before the 180-day and 300-day EEOC deadlines pass.
What you can recover
A successful claim can recover back pay, front pay, money for emotional distress, and punitive damages for malice or reckless disregard. You can also recover attorney's fees. Title VII caps compensatory and punitive damages together from $50,000 to $300,000 based on employer size. The EEOC has reported larger results in serious cases, such as a $1.25 million settlement with Asphalt Paving Systems in 2024. See how discrimination settlements are valued for more examples.
California gives you more protection
California's Fair Employment and Housing Act covers employers with five or more employees, and harassment claims reach employers of any size. It also lists more protected traits and does not cap damages. Our California discrimination law guide explains the state rules and deadlines. Religion and national origin often overlap, so you may also want our page on religious discrimination.
Why employees choose Kingsley Szamet
Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.
We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.
Frequently asked questions
How do I find a racial discrimination attorney in Los Angeles?
Look for a firm that represents employees only and takes cases on contingency. Ask who will handle your case and whether they've taken discrimination cases to court.
Is it still illegal if the person discriminating is the same race as me?
Yes. Discrimination and harassment are illegal no matter what race the decision maker is.
What is national origin discrimination?
It's unfair treatment because of where you or your family are from. It includes treatment tied to your accent, your name, or your ancestry. It also covers English-only rules that aren't needed for the job.
Can I be fired for complaining about race discrimination?
No. Firing, demoting, or harassing you for complaining is illegal retaliation, even if your original complaint doesn't win.
Should I file with the EEOC or the California Civil Rights Department?
The EEOC enforces federal law, and the California Civil Rights Department enforces state law. Many workers can file with both. A lawyer can tell you which route fits your facts.
How much does a race discrimination lawyer cost?
At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.
Contact Kingsley Szamet Employment Lawyers
Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.
