Racial Discrimination

Race discrimination is the unfavorable treatment of an applicant or employee because he/she is of a certain race or because of personal characteristics associated with race (such as hair texture, skin color, or certain facial features). An employer can also be guilty of racial discrimination when it adopts policies which seem neutral but end up disproportionately affecting members of a specific race.

Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act (FEHA) prohibit racial discrimination in all aspects of employment, which includes the hiring process.  Title VII applies to employers who have 15 employees or more and FEHA applies to employers with 5 or more employees.

Examples of Racial Discrimination

  • You are fired because of your race
  • You felt forced to leave based on coworkers harassing you
  • You were overlooked on a promotion because of your race
  • You were not hired because of your race
  • You were not given the same benefits as another employer with the same responsibilities and experience, and the only difference was they were a different race than you
  • You are paid less than others who have the same resume as you, and the only difference is your race
  • There is discrimination in the workplace on the basis of physical characteristics associated with a particular race
  • Your employer institutes a particular policy which has a disproportionate negative effect on a particular race

Helpful Tip:

Document The Behavior

To help prove your case, it is important you document the discrimination (i.e save emails, memos, text messages, etc) and that you follow the reporting system within your company to report the illegal conduct.  Of course there will be times when this is not possible, but remember the more evidence you have, the more it will help your case!

Seeking Justice – Your Next Steps

All racial discrimination complaints need to first be filed with the Equal Employment Opportunity Commission (EEOC), which decides whether they will investigate your case or give you a “right-to-sue” which allows you to bring an independent claim in court. Employee Justice Legal group is well versed in handling all filings with the EEOC and are equipped to handle all independent lawsuits filed in court.

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