race racial discrimination

Race/Racial Discrimination at Work

Racial discrimination in the workplace is not only unjust, but it is illegal under California and federal law. Despite California’s diversity, countless employees still face unfair treatment based on their race, ethnicity, or national origin.

What is Race/Racial Discrimination at Work

Racial discrimination occurs when an employer treats an employee differently due to their race, skin color, ethnicity, national origin, or even perceived racial identity. This bias can manifest in various ways, from overt hostility to subtle actions that undermine fairness. Key elements include:

Race or color
Ethnicity or national origin
Ancestry
Perceived racial characteristics (e.g., assumptions based on appearance or name)

Understanding these elements is essential to recognizing when your rights are being violated.

Examples of Race/Racial Discrimination at Work

Racial discrimination can take many forms, each damaging in its own way. Common examples include:

Hiring and Promotion Barriers: Being overlooked for jobs or advancements despite qualifications, while less-qualified colleagues of a different race advance.
Pay Disparities: Earning less than coworkers with similar roles and experience, with race as the distinguishing factor.
Harassment: Enduring racial slurs, mocking of accents, or offensive “jokes” that create a hostile environment.
Exclusion: Being left out of meetings, projects, or networking opportunities.
Retaliation: Facing reduced hours or increased scrutiny after reporting bias.
Unequal Discipline: Receiving harsher punishment for minor mistakes compared to others.

Laws Protecting Your Rights at Work

Federal Protections

Title VII of the Civil Rights Act of 1964: Applies to employers with 15 or more employees. It prohibits discrimination in hiring, firing, pay, and promotions based on race, color, religion, sex, or national origin. Enforcement is overseen by the Equal Employment Opportunity Commission (EEOC).

California Protections

Fair Employment and Housing Act (FEHA): Covers employers with 5 or more employees, including independent contractors and interns. It explicitly bans discrimination based on race, ethnicity, national origin, and perceived characteristics, while also prohibiting retaliation for reporting bias.

California’s FEHA is one of the nation’s most comprehensive anti-discrimination laws, providing employees with powerful tools to combat workplace bias.

How to Protect Yourself if You Experience Age Discrimination at Work

If you suspect racial discrimination, taking prompt action is crucial. Follow these steps:

Document Every Detail: Note dates, times, and specifics of each event. Retain emails, texts, Slack or Teams messages, or reviews that reveal bias. It is critical that you not only document everything but also keep a copy of everything for yourself. Save a copy of everything for yourself. If you use a work email, upon termination or constructive discharge, you will be immediately locked out of the system. So, it is important you have a copy of everything saved in real time. Do not wait until it is too late.
Identify Witnesses: Ask coworkers if they observed or experienced similar treatment.
Report to Your Employer: Submit a written complaint through your company’s HR or complaint process.
File a Formal Complaint: Contact the California Civil Rights Department (CRD) within 3 years of the incident or the EEOC within 300 days for federal claims. An attorney can help you file these claims. An attorney can help you with filing these claims.
Consult an Attorney: An experienced attorney can guide you through the legal process and help build a strong case.

Time is critical, missing deadlines can weaken your claim.

Act Now to Secure Your Rights

Given the deadlines to bring these claims, it is important to act fast. California law provides powerful protections, and an experienced attorney can help you take action. Staggs Law is committed to protecting employee rights across California.

This is not legal advice and does not create an attorney-client relationship.