Federal and California laws provide a wide range of protections from racial discrimination, especially in the workplace. The Fair Employment and Housing Act (FEHA), for example, protects public and private workers from discrimination or retaliation based on race. Even with these laws in place, employees in Los Angeles may experience race-based discrimination that requires the services of a Los Angeles racial discrimination attorney.
If your goal is to recover compensation for damages and harm incurred in the workplace, an experienced attorney can guide you through that complex legal process. A lawyer can even secure a settlement outside of court in many cases. Finding the right lawyer can ensure that your rights are protected, and the remedies of a discrimination claim can include monetary compensation and the restoration of your job if you were unfairly terminated.
At Park APC, our legal team is ready to fight for your rights. We have many years of experience representing racial discrimination clients in Los Angeles. Whatever your legal needs may be, you can trust the team at Park APC to handle your case.
Racial discrimination involves the unfavorable treatment of an employee or job applicant based on race, which is determined primarily by the individual’s skin color, ancestry, hair texture, and other physical characteristics. Race discrimination can even extend to white individuals who are mistreated because they are married to or associated with a person of color.
The race of the discriminator is not the primary concern during a racial discrimination investigation. Rather, the most relevant facts tied to a racial discrimination case are the race of the victim and the nature of the discrimination. Here are a few common examples of workplace racial discrimination.
Race-based discrimination is forbidden when it comes to employment practices. These protections extend to normal workplace interactions like training and the offering of benefits. Even job assignments are subject to legal action if an employee believes they were given a less desirable job or task due to their race or color.
Another common form of racial discrimination is race-based harassment. This can include:
Although a single instance of racially charged teasing may not constitute an offense that requires legal action, any pattern of serious offenses can be grounds for seeking compensation for workplace harassment. Repeated instances of racial slurs at work, for example, can create a hostile environment where employees with protected characteristics may feel uncomfortable or even in danger of physical or emotional harm.
In extreme circumstances, the harasser may demote or even fire an employee simply due to the color of the worker’s skin. The harasser may be the victim’s direct manager or supervisor, but harassment can also come from a coworker or even a non-employee, like a customer or client.
Workplace policies can be discriminatory if those guidelines have a negative impact on workers of a certain color or race. Any policy, such as the prohibition of certain hairstyles, may be discriminatory in nature if the policy is not related to the type of work performed at the business.
The primary state law that protects employees from racial discrimination is The California Fair Employment and Housing Act (FEHA). The California Civil Rights Department is one of the primary agencies responsible for enforcing FEHA.
The state law prohibits harassment of workers based on race, gender, and other protected characteristics. Employers are required to take steps to prevent harassment and racial discrimination. Any company with five or more employees is required to train their workers about sexual harassment and racial discrimination.
Under California law, there are numerous potential remedies for a racial discrimination complaint:
In addition to state laws against racial discrimination, federal laws are enforced through the U.S. Equal Employment Opportunity Commission, and other state agencies may become involved in a racial discrimination case. If you have experienced racial discrimination in Los Angeles, don’t wait to protect your rights. Whether you were wrongly terminated or demoted, legal counsel from Park APC can help you gain the compensation you deserve.
Whether you file a racial discrimination claim against your current or former employer through the California Civil Rights Department, Equal Employment Opportunity Commission, or both, you can benefit from the legal guidance of a discrimination attorney.
In order to file a complaint with California’s Civil Rights Department, the complainant must file within three years of the most recent act of retaliation, harassment, and/or discrimination. Victims under the age of 18 must file within one year after their eighteenth birthday. To file a complaint with the EEOC, you may be required to do so within 180 days after the most recent incident.
There are exceptions if your complaint is covered by a local or state anti-discrimination law. In those cases, you may have 300 days to file your complaint. Missing one of these deadlines could prove detrimental to your case, but hiring an experienced racial discrimination lawyer can ensure that your rights are fully protected and that you never miss a filing deadline.
The first step when hiring an attorney is to schedule a consultation. During that in-person meeting, you will be able to explain the basics of your case. The lawyer can provide some basic insights about how your case could go and what steps might be most beneficial for you.
If you choose to work with the Los Angeles-based Park APC, our legal professionals can take time and great care to learn about the details of your case. Based on that information, one of our attorneys may take one of several actions, which could include filing a complaint, reaching out to a state or federal civil rights agency, or filing a claim on your behalf.
The evidence-gathering phase can be quite extensive and may involve requests for correspondence between the victim and the alleged discriminator. Your racial discrimination lawyer may obtain witness statements to bolster your case. These could include emails or affidavits describing racially disparaging remarks made toward the victim.
Experiencing racial discrimination can be a humiliating and angering experience, but taking legal action can become an empowering experience for victims of racial discrimination. With prompt legal counsel, you can hold the discriminator accountable while potentially recovering unpaid wages, lost benefits, and other damages.
It may be tempting not to address instances of racial discrimination in the workplace. Keeping your head down and doing what you can to get along with your coworker or boss is certainly an option. However, ignoring racial slurs and derogatory comments at work enables the perpetrators of those acts to get away with harmful acts. It is unlikely that you are the sole victim of a workplace discriminator.
If you are uneasy or unsure about whether to file a complaint or claim against a current or former boss or coworker, schedule a consultation with Park APC. Any topic you discuss will be entirely confidential, meaning no one at work will know that you spoke to one of our attorneys or what you discussed. After you have a better understanding of how the legal process works, you may feel more confident about moving forward with a complaint or claim.
In many cases, taking firm legal steps to end workplace discrimination can lead to better long-term outcomes, both for you and your fellow coworkers, by sending a clear message to your former or current place of work that racial discrimination is never acceptable and should never be tolerated.
Racial discrimination complaints and lawsuits can take months to see through, but if the facts are on your side, there is the potential that a court may award monetary damages. In other cases, some defendants may opt for an out-of-court settlement.
As your employment lawyer works on your case, the legal fees will be largely determined by the number of hours that attorneys and legal aids commit to the case. During your consultation, an attorney can discuss the range of costs you may expect to incur, although each case is unique, and there are few guarantees regarding the timeline of your case.
If you were wrongfully terminated and wish to return to work, you may have the option of returning to your original place of work if your case has a favorable outcome. Of course, you are never under any pressure or expectation to return to a potentially hostile work environment if you are not comfortable in that space.
Some workers opt to find work elsewhere, even in instances when a former boss or coworker is found at fault for racially discriminatory actions. This is a personal decision that each client has to decide for themselves.
As your legal counsel, Park APC can discuss the potential pros and cons of returning to a past employer or seeking new work elsewhere with you. If you do seek a new place of work, you can rest assured knowing that no new employer can discriminate against you for filing a racial discrimination complaint.
If you have experienced racial discrimination, you may be able to take legal action against your current or former employer. However, this is never easy. The company where the harassment occurred likely has strong legal representation, which is why you will need an experienced attorney who can fight for your rights and plan a strategic case to demonstrate the defendant’s discriminatory practices.
Park APC has many years of experience holding discriminators accountable. As we work through your case, our employment lawyers can treat you with care and compassion. For your consultation, contact our Los Angeles office today.