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Racial discrimination is when someone is treated differently because of race, color, or ethnicity. It is unlawful in California for an employer to discriminate against anyone because of their race or color in any aspect of employment.
It is racial discrimination when an employer refuses to hire someone on the base of race or doesn’t select a person for a training program. It can also be to discriminate against someone in terms of compensation, conditions, or privileges of employment.
If you believe your employer is discriminating against you due to your race, reach out to our Los Angeles firm by calling (818) 651-9688 today.
Can I Sue My Employer for Racial Discrimination?
An employee is well within their rights to sue an employer for workplace harassment if they are being harassed based on race or color by co-workers, a supervisor or anyone else. If the employer knew about this and failed to take reasonable steps to stop the harassment, they can be held liable.
How Racial Discrimination Creates a Hostile Work Environment
The employee can also argue that a hostile work environment has been created. For this, unwelcome comments or conduct must be present, the harassment must be based on national origin or ethnicity, and it must be pervasive enough to change the employment situation for the victim. The abuse must be frequent and abusive.
Possible ways a workplace might be exhibiting acts of racial discrimination are:
- Exclusion from events and meetings.
- A change in workload for specific persons – it can either be decreased or increased.
- Different rules count for different people.
- The hiring of different races for different positions.
- Making fun of accents or stereotype people from certain countries.
- Employees are favored – only those from a certain race are promoted.
- Reduced hours or reduced pay.
- Racist jokes are not stopped.
- Not considering employing people with ethnic-sounding names.
Call (818) 651-9688 or by submitting an contact us online to schedule a free initial consultation.
Frequently Asked Questions About Racial Discrimination
What is the statute of limitations for a racial discrimination lawsuit in California?
Under California’s FEHA, you generally have three years from the date of the discriminatory act to file a complaint with the Civil Rights Department (CRD). Once a “Right to Sue” notice is issued, you typically have one year to file a civil lawsuit.
Is it illegal for my employer to ban natural hairstyles or braids in Los Angeles?
Yes. Under California’s CROWN Act, it is illegal for employers to ban natural hair textures or protective hairstyles like braids, locs, twists, and afros. These are legally protected traits under the definition of “race” in the Fair Employment and Housing Act (FEHA).
What if I was discriminated against during a Los Angeles job interview but wasn’t hired?
You can still sue. California’s FEHA protects job applicants, not just employees. If you were denied a position due to race, color, or ethnicity, you may recover damages for lost wages and emotional distress. A lawyer can help prove discriminatory hiring practices.
Can I sue my employer if a customer or client makes racist remarks?
Yes. Under California law, Los Angeles employers are responsible for protecting you from harassment by non-employees, including customers and clients. If your employer knew or should have known about the racist remarks and failed to take immediate corrective action, they may be held liable for a hostile work environment.