Value of a Racial Discrimination Lawsuit
If you believe that your employer has discriminated against you because of your race, you may have the grounds to file a lawsuit against them and collect any compensatory damages. The California Employment Attorneys Group knows that race should have nothing to do with an employer’s decision; we are all human beings and deserved to be treated equally. Our attorneys are zealously waiting to represent you and get you the maximum damages to which you are entitled for your employer’s blatant disregard and disrespect for not only the law, but humanity.
When it comes to a business’ employees, an employer needs only to consider two things: their qualifications and their ability to perform the essential job functions. Many, if not all employers follow the law and have a diverse group of employees. There are some employers, however, who make decisions only after they are sifted through their filter of racism, prejudice, and implicit bias. For centuries, in the United States, racial discrimination was entirely legal. Employers would fire minorities simply because of the color of their skin. The Civil Rights Act of 1964 gave employees new rights and protected them against this kind of discrimination and harassment.
Unfortunately, some employers still discriminate against their employees. When this happens, employees can file a lawsuit against their employers and be awarded compensatory damages. We at the California Employment Attorneys Group want to help you win those damages. We help people who were racially discriminated against every day. We help answer questions about people’s rights, future steps, and what damages are available to them. Examples of such questions include:
- How much is a workplace racial discrimination case worth?
- How much is my racial discrimination case worth?
- How much is racial discrimination claim worth?
- What is the average settlement value for a race discrimination lawsuit?
- How much money do they pay out for a race discrimination claim?
What Is Racial Discrimination?
Race discrimination occurs when an employee is treated differently, unfavorably because they are of a certain race or exhibit personal characteristics that are associated with race (like skin color, hair texture, facial features, et cetera).
Race discrimination can occur to a non-protected employee if they are treated differently or unfavorably because they are married to, or associate with, a person of a different race or color.
Harassment is also illegal as well. Harassment can be done by both the employer and other employees and occurs when offensive remarks, comments, and images are shared about a certain race. When the workplace becomes hostile, offensive to members of another race, it is considered harassment and gives the employee the right to sue. The workplace needs to be a safe place for every single employee, and it is up to the employer to ensure it is a safe space.
Damages That Are Available to You for a Racial Discrimination Case
If the courts decide that the case against your employer is enough to prove that they acted on and made decisions based solely on your race, you may have the legal grounds to file a lawsuit and collect damages to which you are entitled. The damages are monetary forms of compensation which your employer must pay to you for their blatant disregard for the law.
The Civil Rights Act is a law that made changes to the discriminatory laws that existed up to the late 20th century, not even that long ago. The law bestowed employees the right to a jury trial if they experienced any form of illegal discrimination and rewards based on that discrimination. Here are a few of the compensatory damages that can be awarded if you win a discrimination lawsuit (race discrimination being among them):
- Back Pay – This kind of damage is the amount of money that you have lost as a result of the discrimination. If you were wrongfully terminated, or you were not awarded the promotion or benefits because of your race, the courts may award you the money you would have made had the race discrimination never occurred. It is awarded from the day you faced the discrimination to the days of court.
- Front Pay – Reinstatement is usually not seen as the best course of action as filing a lawsuit against somebody usually puts things on bad terms. So when reinstatement is not possible, front pay is awarded, and is usually a set amount or indefinite until the employee has found another job.
- Lost Benefits – When one is fired or discriminated against in some other way, they may lose their health care, retirement plan, or any other kind of plans that were a part of their terms and conditions. This value can be quantified and awarded to the employee who faced discrimination.
- Emotional Distress – Being discriminated against can really damage an employee. Imagine being fired for something that is inherent to your humanity. An employer acted against something that is innate to them – like the color of their skin, the texture of their hair, facial features, and other characteristics. This can cause emotional distress, and the courts can award more damages if the employee can prove that the discrimination caused them additional distress.
- Attorney Fees – Legal representation is not inexpensive. Because the courts are aware of this, the employee who faced discrimination and won their case may be awarded extra compensatory in order to pay their attorneys. This amount does not affect the original damages awarded, they are meant to address the invoice your attorneys will give you at the end of the trial for their services.
- Punitive Damages – When the courts conclude that the employer acted with malicious intent and purposefully disregarded the law, the courts may fine the employer for their disregard of any laws set to protect employees from racial discrimination.
At the federal level, the court can award up to $50,000 to an employee if the employer has 15 to 100 employees; $100,000 if the employer has 101 to 200 employees; $200,000 if the employer has 201 to 500 employees; anything higher, and the courts can award up to $300,000.
How to File a Racial Discrimination Lawsuit
Before you can file a lawsuit against your employer for racial discrimination, you must first file a charge with an employment government agency, and in the state of California, there are two available to you which offer protections from race discrimination. They are agencies which exist at the federal and the state level. The Equal Employment Opportunity Commission operates at the federal level and enforces the Civil Rights Act across the nation. It makes sure that every employer – whether they be public or private. Under the EEOC, you have 180 days to file the charge with the EEOC. That deadline can be extended, but only if the state in which you work also protects from the same discrimination.
Racial discrimination is prohibited in the state of California by the California Department of Fair Employment & Housing (DFEH). Because both state and federal make it unlawful for employers to discriminate against race, the deadline is extended to 300 calendar days from the day you received the discrimination. But if the discrimination is ongoing, you have 300 days from the day you last received any form of discrimination.
Whichever agency you file the charge for your lawsuit for racial discrimination, an identical policy is created and sent to the other agency. This process is known as dual filing and serves to avoid duplicate charges and to fully protect your rights under both federal and state laws.
Once you file your charge, the agency will launch an investigation to determine whether it was likely that your employer violated your rights and subjected you to race discrimination. If so, you can then request a “right-to-sue” letter. This letter gives you the green-light to file a race discrimination lawsuit against your employer. It is recommended that you only request this letter once you and your attorney are ready to take your employer to court. The reason you want to request this letter only when you are ready to take action is that you only have 90 days to file the case against your employer once you receive the right-to-sue letter.
How Our Law Firm Can Help
The California Employment Attorneys Group is here to ensure that justice is served. With main offices in Los Angeles, our employment lawyers represent clients across the entire state of California. We are aggressive lawyers who will pursue the maximum compensation possible. We offer free consultation and a zero-fee guarantee. There is no financial obligation or risk on your part because if we cannot prove your case, you will not pay for our services.