California Race Discrimination Lawyer

Defending Victims of Workplace Racial Discrimination in California

Even more than 50 years after the passage of the federal Civil Rights Act, race discrimination remains a problem for many employees. Although most employers do not engage in overt acts of race discrimination (e.g., refusing to hire African American employees), many more subtle issues may lead to litigation. For instance, a manager consistently using racial slurs when referring to an employee or group of employees creates a legal liability for the employer. Actions such as this violate workers' rights and create a hostile work environment for the victim and those witness to the conduct. Employees subject to racial discrimination in the workplace must take a stand against perpetrators of the mistreatment.

At Valiant Law, our team helps victims of unjust practices hold wrongdoers accountable and seek remedies for harm suffered. We are also experienced litigators who know that negotiations and talks do not always lead to a resolution. Sometimes, these matters must be taken to court. Whatever your situation, we provide full-service representation in the field of labor and employment law.

To speak with our race discrimination lawyer in California, call us at (909) 254-5771 or contact us online today.

Racial Harassment and a Hostile Work Environment

The Civil Rights Act and the California Fair Employment and Housing Act (FEHA) broadly prohibit discrimination in employment based on race, color, or ancestry. The laws apply not only to the employee's race, color, or ancestry but also to the people the employee may be related to or associated with. For example, if an employer fires a white employee because they are married to an African American, that is considered racial discrimination. The fact that the employee is Caucasian is irrelevant. Along similar lines, race discrimination can occur even in scenarios where the victim and the discriminating party belong to the same race.

One of the more common race discrimination problems involves supervisors or coworkers using racially derogatory language in the workplace. While not every racial slur or remark rises to the level of race discrimination, if the use of such language is so "frequent and severe" that it creates a "hostile work environment," the employer could be held legally responsible for failing to put a stop to the offending conduct. 

Employers can also engage in accidental or unintended race discrimination. For instance, a blanket employee policy prohibiting employees from having facial hair can be considered discriminatory against workers who cannot shave for religious or race-specific reasons. However, such policies may be permitted if narrowly tailored and related to a specific job requirement. Valiant Law can help challenge these kinds of workplace practices.

What Proof Do I Need for a Race Discrimination Case?

To build a strong race discrimination case, the following types of proof can be instrumental:

• Direct Evidence: This includes clear, explicit statements or actions that demonstrate discriminatory intent. For example, if a supervisor makes racially charged comments or states that an employee was passed over for a promotion because of their race, this would constitute direct evidence of discrimination.
• Circumstantial Evidence: Race discrimination is often subtle, making circumstantial evidence critical. This might include patterns of behavior, such as a qualified employee of a particular race being consistently overlooked for promotions while less qualified employees of other races are promoted. Disparities in pay, job assignments, or disciplinary actions based on race can also serve as circumstantial evidence.
• Comparative Evidence: This involves comparing the treatment of employees of different races in similar situations. If employees of one race are treated less favorably than others in similar job positions, this can be used as evidence of race discrimination.
• Witness Testimony: Testimony from coworkers or others who have witnessed discriminatory behavior can be powerful evidence. These witnesses can provide firsthand accounts of discriminatory actions or statements made by supervisors or colleagues.
• Documentation: Emails, memos, performance reviews, or any other written communication that suggests discriminatory intent can be crucial. Additionally, keeping a detailed record of incidents, which includes dates, times, and the individuals involved, can strengthen your case.

What is the Statute of Limitations for a Race Discrimination Claim in California?

The statute of limitations refers to the deadline by which you will need to file a legal claim. In California, if you believe you have been discriminated against based on race, you must first file a complaint with the DFEH. The complaint must be filed within three years from the date of the alleged discriminatory act. This deadline was extended from one year to three years as of January 1, 2020, under the California Fair Employment and Housing Act (FEHA).

Contact Our California Race Discrimination Lawyer Today

If you were subject to misconduct in the workplace, speak with a California labor and employment lawyer as soon as possible. We can help you navigate the complex system of filing a claim or lawsuit.

Call our California race discrimination attorney today at (909) 254-5771 or contact us online to schedule a consultation and discuss your case.