How to File a Race Discrimination Claim
Our attorneys have seen many cases of racial discrimination, and we are here to make sure justice is served. If you believe that you have been racially discriminated against, you may have the grounds to file a lawsuit against your employer and collect any damages that the courts deem worthy. But for your suit to be considered legitimate, there is a process that you must take in order for your suit to be considered legitimate. The California Labor Law Employment Attorneys Group is here to help make sure that your race discrimination claim gets through the system and how you can take action against your employer.
When it comes to applicants and employees, an employer need only concern themselves with two things: their qualification and ability to perform the essential job functions. Everything else holds no weight and should not influence an employer’s decision. Things like race, sex, religion, disability, age, sexual orientation, country of origin, color, genetic information, cannot affect an employer’s decision.
For centuries, employers could do what they wished and act on racist impulses. If an employee was Black, they could be fired simply for being Black. The same with all other minority races like Latino, Asian, Indian, and so on. The Civil Rights Act of 1964 makes it illegal for employers to discriminate based on race. Despite the laws put in place to protect people from prejudice and bias, some employers continue to discriminate and make decisions based off an employee’s race.
The California Labor Law Employment Attorneys Group is here to help protect your rights and get you the maximum damages to which you are entitled. We help people like you every day and are help people answer questions regarding any next steps which are available to them. Examples of such questions include:
- How to file a race discrimination claim with EEOC?
- How to file a racial discrimination claim with my HR?
- How do I let human resources know of racial discrimination at the workplace?
Filing a Race Discrimination Claim with Human Resources
Before you take legal action with the courts, you may want to file a claim with your Human Resources (HR) representative in order to give your company a chance to deal and stop the discrimination as soon as possible. If they do not, then it only bolsters your case as you can show the courts that your company was aware of the discrimination and that you did, in fact, bring it to their attention but they failed to act.
Most of the time, however, a claim to HR does the trick. Here are a few steps to take to ensure that your claim to HR is as legitimate as possible.
- Make your claim in writing, and specifically state the kind of discrimination that you experienced. For example, if you experienced racism in the workplace, state, “race discrimination.”
- Include who the person or persons who took part in the race discrimination, and include when and where it took place. You want to create as clear a picture as possible.
- Create a record for yourself of any communications with HR.
- Send an email to the HR representative to confirm that the meeting took place, and mention the highlights of the conversation that took place. E.g., that you experienced racism and that it needs to stop immediately.
Filing a Race Discrimination Claim With the Equal Employment Opportunity Commission and the Department of Fair Employment & Housing
In order for you to file a lawsuit against your employer, you must first file a claim against an employment government agency. After you file your claim, the commission will review it and then grant you the right to sue your employer if they find that your rights were indeed violated. There are two agencies which are available to you in the state of California: The Equal Employment Opportunity Commission (EEOC) and the Department of Fair Employment & Housing (DFEH).
The EEOC is a federal government agency which enforces the Civil Rights Act. Under the EEOC, you have 180 days to file your claim with them from the day you last received the discrimination for which you want to sue your employer – in this case, it’s racial discrimination. But because the DFEH also prohibits employers from discriminating based on inconsequential things like race, the deadline, or statute of limitations, is extended to 300 calendar days from the day you last received your discrimination. These two agencies are in a work-sharing agreement, and so this means that when you file a claim with either the EEOC or DFEH, a duplicate copy of your claim is sent to the other agency. This is called dual filing and serves to not only avoid identical claim but also to fully protect your rights under both federal and state laws.
Once you file your claim, the agency with which you filed will launch an investigation and decide whether or not your rights were likely violated. If they were, you are within your rights to request a “right-to-sue” letter. This letter, as the name suggests, gives you the legal right to file a lawsuit against your employer for race discrimination (or whichever discrimination of which they may have made you the victim). It is recommended that you only request this letter once you and your attorney are ready to file such a lawsuit because you only have 90 days to take action once you receive the letter.
Free Consultation and Zero Fee Guarantee
The California Labor Law Employment Attorneys Group is here to serve justice and make sure that your employer pays for breaking the law and making you a victim of a discrimination that has no place in this world. We will aggressively push for the maximum compensation available to you. If you believe that you have been racially discriminated against, contact the California Labor Law Employment Attorneys Group. We offer a free consultation with no financial obligation and the zero-fee guarantee. This puts all of the financial risk on us, not you. If we do not prove your case and win, you do not pay for our services. If we do win, then we only collect a small fee on the amount collected.