We all deserve to work in an environment without discrimination based on characteristics like race, ethnicity, nationality, or cultural background. Unfortunately, prejudice exists in many workplaces throughout California, which is demoralizing and emotionally traumatic to the people who are subjected to discriminatory treatment.
Racial discrimination in the workplace is illegal under California and federal laws. For example, the state’s Fair Employment and Housing Act (FEHA) prohibit employers from making employment decisions that are influenced by racial bias. If you are the victim of racial discrimination by your employer, taking legal action may be the right course of action.
The legal experts at California Labor Law Employment Attorneys Group are here to guide you through the claims process and ensure that justice is served on your behalf. For a free case review with an employment rights attorneys, contact us at your earliest opportunity.
California Laws on Racial Discrimination
Under both federal and California laws, racial discrimination if defined as unfair treatment based on someone’s race, skin color, or ethnicity. Workers can also be treated unfairly based on traits associated with a specific race or ethnic group, such as facial features, accents, and grooming practices.
Examples of unlawful conduct based on racial discrimination include:
- Not hiring, compensating, or promoting a worker based on race / ethnicity
- Segregating workers of a certain race by only allowing them to have certain jobs / roles
- Allowing a culture of discrimination where employees and supervisors use slurs, make racist comments, and harass others
- Enforcing policies on appearance / grooming that are targeted toward certain racial / ethnic groups
- Creating a work environment where racial minorities have inferior benefits, opportunities, facilities, etc.
When to File a Complaint for Racial Discrimination
Keep in mind that racial discrimination complaints can be filed with the state and federal government, and there are guidelines that govern how long you have for a claim. The U.S. Equal Employment Opportunity Commission (EEOC) allows 180 days from the incident of discrimination for a complaint filed with their agency. For complaints with the California Civil Rights Division (CRD), the deadline is normally 1 year from the date of discriminatory treatment.
Please note that timelines may vary if the discrimination is on-going, meaning you are still suffering from this type of treatment at your job. Talking to a workplace discrimination can help you determine the correct deadline for a racial discrimination claim. Please contact us immediately, as you will permanently lose the right to seek justice if you miss the deadline for a claim with either agency.
Start by Filing a Complaint with Your Employer
Before you file a grievance with a government agency, you should review and follow your employer’s internal grievance procedures. Most companies / businesses have these in place, and if they are not followed, federal and state agencies will dismiss your complaint.
Usually, you are required to notify Human Resources or someone else that’s appointed for the role of handling employment grievances. Your employer is required to respond to your complaint within a set number of days (for example, 30 days from the date of filing).
Internal complaints may not get you anywhere if you are facing discrimination in the workplace. However, the process initiates a paper trail of evidence and shows that you are willing to cooperate with the rules set forth by your employer. This is crucial to building a foundation for a legal case and adding credibility to your allegations if your employer fails to rectify the problem.
Steps to File a Workplace Racial Discrimination Complaint
To file a racial discrimination complaint in California, you will need to contact the state’s Civil Rights Department (CRD) and answer questions pertaining to the treatment from your employer. You can answer the questions using an online submission form, downloading a printable form, or using the CRD’s phone system. Make sure to provide details, such as:
- The person / entity discriminating against you and your relationship to them (employer, for example)
- Description of each incident / act of discrimination
- Times, dates, locations of the events and contact information for witnesses
- Employment records, performance evaluations, emails / texts from your supervisor, and other documents
If your complaint is accepted, the CRD will conduct an investigation and request evidence and additional information from all the involved parties. Eventually, the agency will issue a ruling on whether the workplace is in violation of California’s civil rights statutes. If the answer is yes, both sides will be required to participate in mediation and reach a settlement for compensation owed to the employee. If these attempts are unsuccessful, the CRD may issue a “right to sue” notice, which allows you to file a lawsuit through the appropriate court system.
How to File a Claim with the Equal Employment Opportunity Commission (EEOC)
If you have a discrimination case that’s related to hiring, wages, wrongful termination, and other employment decisions, you must file a complaint with the CRD and the federal government’s Equal Employment Opportunity Commission.
The agency has its own process for investigations, but it does have a sharing agreement with the CRD, so discrimination charges are automatically cross-filed from one agency to the other in California. Once the EEOC’s investigation wraps up, it will either dismiss the charges or determine that the employer violated federal discrimination laws. If there was a violation, you will be granted a right to sue notice.
Protecting Yourself after Filing a Complaint
After a legal action is filed, the law provides protections against retaliation by your employer. Workplace retaliation includes harassment or other adverse actions for asserting your rights and filing a racial discrimination complaint. Those participating in a discrimination investigation are also protected under these laws from illegal acts like demotions and termination of employment.
Your right to be protected from employer retaliation is detailed in the California FEHA and Title VII of the Civil Rights Act. If you find that your employer is retaliating against you after the filing of a discrimination complaint, we can help you file a retaliation complaint, which is subject to a deadline of 1 to 2 years.
Contact a Workplace Discrimination Lawsuit Attorney
Safeguarding your rights and holding your employer accountable for unfair treatment can be extremely challenging, and there’s no doubt that it takes courage and perseverance to succeed in a legal case. Representation from a lawyer is important as well, since the legal system concerning workplace violation claims can be difficult to navigate.
Our employment lawyers have decades of experience in workplace discrimination and retaliation complaints. We are here to guide you through the process one step at a time and ensure that you receive a fair amount of compensation for what you endured.
The attorneys of CLLEAG work on contingency, so you pay us $0 in legal fees. Once your settlement is recovered from a racial discrimination claim, we will receive a percentage of the funds to cover our expenses. In the event we fail to win your case, you pay us nothing under the terms of the Zero Fee Guarantee.
The process begins with a free case evaluation, so please contact us today.
