What is racial discrimination?
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 his/her 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.
Can I sue my employer?
An employee is well within his rights to sue his employer for workplace harassment if he is being harassed on the basis of 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, he can be held liable.
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.
Checklist for possible racial discrimination:
- Exclusion from events and meetings
- Employees are favored – only those from a certain race are promoted
- A change in workload for specific persons – it can either be decreased or increased
- Reduced hours or reduced pay
- Different rules count for different people
- Racist jokes are not stopped
- The hiring of different races for different positions
- Not considering employing people with ethnic-sounding names
- Making fun of accents or stereotype people from certain countries
Proving racial discrimination
It might not be easy to prove that you are discriminated against. In some cases it is blatant and the evidence is there, but in other cases, you will need an experienced attorney by your side who knows what to look for, how to assess your situation and advise you on the best way to proceed.
Reach out to schedule a free consultation with us today. (818)507-8525; info@KJTLawGroup.com.