Even without taking into consideration any overtime, Americans will spend a significant portion of their lives in their workplaces. Although your job may have pitfalls, there are certain negative workplace behaviors and practices that federal and state laws protect you from. One of these outlawed behaviors is racial discrimination. California law states workers have the right to be in their workplace without being targeted for discrimination based on their race.
Handling a racial discrimination case can be difficult. Not only will you be forced to deal with the emotional toll of these behaviors, but the legal process can also be complex and confusing. If you are struggling with your case, a skilled racial discrimination attorney can help support you through this process. MM Law has years of experience supporting Glendale area residents when they believe their workplace rights have been violated. Our team’s goal is to provide unwavering legal representation, tenacious advocacy, and personalized attention to each of our clients as they navigate this challenging process.
Favoritism and discrimination in the workplace can create an unpleasant experience. It can make preparing for the workday especially frustrating. It may seem immoral and unfair if someone on your team receives preferential treatment or positive rewards that do not relate to their work performance. Instead, these rewards were based on personal relationships or personality compatibility. It can seem even more heinous if personality clashes and personal relationships negatively affect how someone is treated. However, these types of actions are not illegal. They become illegal if the treatment rises to the level of behaviors like failing to give pay increases, promotions, or other workplace benefits to workers based on characteristics that fall under any of California’s protected classes. In addition to race, these protected categories include:
Ultimately, any preferential or negative treatment that violates a state or federal law regarding a discriminatory practice is considered illegal racial discrimination. This gives you an opportunity to take legal action against your employer. It is important to note that illegal racial discrimination does not apply to mild, isolated incidents or offhand comments. Instead, it applies to severe or frequent occurrences that create an offensive or hostile work environment. This negatively impacts the person being discriminated against.
Racial discrimination refers to the unfavorable treatment of an employee or job applicant based on race. It also applies when any racial characteristic like skin complexion, hair texture, or body features is targeted. Specifically, racial discrimination arises when, because of someone’s race or racial features, an employer or supervisor:
Many may know that racial discrimination can be perpetrated by supervisors, employers, or managers. However, it may be less known that coworkers, clients, and customers of the business can also be guilty of racial discrimination. Examples include:
An employer cannot control the individuals engaging in these acts. However, they do have a responsibility to uphold the right that employees have to work safely without being targeted for their color, race, or national origin. It is the employer’s duty to mitigate racial discrimination through actions like diversity training and anti-discriminatory policies. If these resources fail, they are then responsible for stopping these behaviors once they become aware of them.
It is likely that a notable amount of your time each week will be spent in your workplace. This means racial discrimination can have devastating consequences for those targeted.
Racial discrimination has compounding effects that can easily reach beyond your work environment. These effects can be debilitating in multiple areas of your life and should not be ignored. If you believe you are suffering from the effects of racial discrimination in your workplace, speaking with an employment attorney can help you build a successful case against your employer.
Working with a skilled employment attorney can help you clearly establish your racial discrimination case. This can help you receive the greatest amount of potential damages. Some of the recoverable damages include:
It may also be possible to require the employer to alter any discriminatory practices or policies. This can prevent racial discrimination against future employees. Every bit of compensation from a discriminatory employer is important. It can allow you to successfully move on from this experience. Therefore, working with an adept attorney is an important part of building your case.
Collecting enough evidence to prove beyond doubt that your employer engaged in racially discriminatory practices is not easy. You must prove that:
Evidence that can help support your case includes:
An employer is not likely to be held liable if you are discriminated against by a customer in an isolated incident. The employer can be held liable if:
It is important to follow your employer’s reporting policies to ensure they are aware of the behavior.
Under California law, all parties to a confidential conversation must consent to the recording. This means that you cannot record a private conversation with your employer or anyone associated with your workplace without their consent, even if they are acting in a racially discriminatory way. There is, however, an exception if the parties can reasonably expect the conversation to be overheard or recorded. Speaking with an attorney can help guide your actions and prevent any illegal activity.
The California Fair Employment and Housing Act (FEHA) defines discrimination in the state. It applies to any employer with more than four employees. They cannot discriminate against an employee or potential employee based on any of the protected categories. FEHA offers more protection to California workers than federal laws, such as Title VII of the Civil Rights Act.
It is not easy to successfully face your employer when accusing them of racial discrimination. They are likely to use every resource available to them to cast doubt on your experience and disprove your accusations. In these instances, a client-focused racial discrimination attorney can make all the difference in your case.
MM Law can approach your situation with a unique strategy that offers the greatest chance of success against your employer. We strongly believe in the rights that Glendale area residents are afforded at their workplace. Our firm can work diligently to ensure they are upheld. Contact our team at MM Law to schedule an initial consultation and gain important legal insight into your case.