What Does Racial Discrimination Look Like?
Race discrimination can be overt or subtle. It can come in the form of an employer only hiring people of one race or refusing to hire people of a certain race or color. It can also take the shape of excluding an employee from workplace opportunities, projects, or activities. Race discrimination can make it impossible for qualified applicants to get jobs or move up within a company. It can also cause significant harms such as lost wages, loss of career opportunities, and mental or emotional suffering. Examples of race/color discrimination include:
- Treating someone differently because of race or characteristics associated with race, including culture, physical appearance, linguistics, and skin color.
- Refusing to hire a qualified applicant simply because of his or her race or complexion.
- Treating someone unfavorably because he or she is married or associated with someone of a certain race or color.
- Making employment decisions such as hiring, firing, training, promotions, job assignments, pay, compensation, and benefits based on race.
- Making decisions based on assumptions or stereotypes surrounding a racial group.
- Creating policies that deal with people of certain races unfairly, and that are unnecessary to the operation of the business.
- Paying two equally qualified employees different wages based on race.
- Harassment on the basis of race such as racial slurs, ethnic epithets, foul language, rude comments, uncomfortable jokes, or other race-based behaviors that make a workplace feel hostile or threatening to the victim.
There are endless examples of race-related employment discrimination. The key thing to remember is that if your employer subjects you to any type of adverse employment action based on your race, it is discrimination. As soon as you suspect discrimination in any shape or form, come to the lawyers at Nosrati Law, A Professional Law Corporation for assistance.
Understanding Title VII of the Civil Rights Act
The Seventh Amendment of the Civil Rights Act of 1964 is one that you hear of frequently as it applies to racial discrimination in the workplace. This amendment is commonly known as Title VII, and it provides protection to citizens from being discriminated against by employers based on their national origin, sex, religion, color, or race.
It is important not only for individuals to know their rights but for employers to understand and abide by the laws that protect employees. Title VII is very specific in the way it outlines the protections for employees so that employers treat job applicants and employees fairly, regardless of whether they are in the process of being hired for a job or already employed.
How Do You Prove a Racial Discrimination Case?
For an employee to prove racial discrimination, they do not need to show that it was the only motivating factor. Negative employment actions and termination are legally considered to be wrongful if they are based on a combination of both illegal and legal reasons. Employers are apt to readily claim any type of legal reason for negative employment action, but of course, they are not as agreeable to admitting to illegal reasons. When gathering evidence of racial or ethnic discrimination during the hiring process or employment, there are two types to consider.
- Direct evidence. This type of evidence consists of statements that a supervisor or employer makes, which are clearly discriminatory.
- Indirect evidence. This type of proof can be gathered in many forms. One of the best ways to show indirect evidence is to make a case that the reason an employer gave for negative employment action was false or simply did not make sense. A prime example of this is an employer who claims they terminated an employee because there was not sufficient work for their position but has hired other employees to replace the individual before they were terminated.
Another effective means for discrimination lawyers to build a case for workplace discrimination or harassment on indirect evidence is to show that there has been a pattern of other co-workers who exhibit the same protected characteristics being treated unfairly or receiving negative treatment in the workplace.
Statistics on Racial Discrimination in the Workplace in California
Many people do not understand the level of workplace race discrimination among workers today unless they perform a service, such as a racial discrimination attorney, in which they hear the stories on a regular basis. The numbers, however, make a very clear point that this is a problem. The U.S. Equal Employment Opportunity Commission states that the highest proportionate number of claims they process are related to race discrimination. Over 28,000 racial discrimination cases have been filed in one year with this agency, and that does not account for the number of cases reported by other agencies on the state level all across the country. Additionally, there is an unknown number of individuals who are victims of discrimination before they even get through the doors of the workplace. You can see why there must be laws in place to protect against this abhorrent behavior.
Many studies have shown that when it comes to simply getting an interview for a job, individuals who happen to have “African-American sounding” names are far less likely to be called for an interview than those with names that sound Anglo. When a person searching for work has a name that is perceived to be “white,” it is reported that they typically hear back from about one out of every ten companies with which they have applied. When looking at the same studies among job-seekers with names that “sound black,” those individuals only get a call from an average of one in every fifteen prospective employers.
Once a person has been hired, there is the question of money. Statistically speaking, a person of color will be paid far less money than a white colleague at the starting level for the same position at the same company. With all of the studies that have been conducted, you would think that it is easy to make a valid legal case for racial discrimination. However, it can prove to be quite difficult. It is discouraging for anyone to think about filing a legal claim for race discrimination in the workplace when they consider that just slightly over one percent of these claims have resulted in financial compensation for the victim. With the help of a knowledgeable Los Angeles race discrimination attorney, however, wrongfully terminated employees, current employees, and prospective employees alike may seek and attain compensation for the abuses they have suffered.
Frequently Asked Questions (FAQs) About Racial Discrimination in California
What should I do if I am facing racial discrimination?
The first step in proving your case is to keep a detailed record of any and all examples of racial discrimination that you see in your workplace. Report these events to your employer by whatever means they have in place to handle discrimination. Consult a Los Angeles race discrimination attorney if there is no way to report the incidents or if nothing is done about them.
Do racist actions need to be blatant, or can they be subtle?
There are, in fact, subtle ways that an individual may be discriminated against in the workplace. Back-handed praise, comments, and “compliments” can be signs of discrimination. Another example is being treated differently due to the skin color of your spouse or partner and even the people you hang out with. Being made to feel uncomfortable for displaying a photo of your spouse on your desk, due to their race, for example, can be discriminatory.
Do I have to be an employee at the business for Title VII to apply?
During the interview process, it is illegal for the employer or supervisor to ask questions related to the national origin, color, or race of an individual. Stating that your name is unusual, asking “where you came from,” and even asking questions about ethnicity that are disguised as compliments can be not only inappropriate but against the law. If you experience this at a job interview, it is wise to ask the interviewer to repeat the question, so you can be sure there was no mistake of the intent.
How does Title VII define race discrimination?
There are many scenarios in which racial discrimination may arise in the workplace. Some examples include being refused employment, denied promotions, suffering harsher disciplinary actions than co-workers of a different race, being paid less for performing the same job or equal work, and even being fired. All of these examples are prohibited by Title VII of the Civil Rights Act of 1964. This amendment to the Act also makes it illegal to create or tolerate an environment that employees of a particular race feel is hostile or to implement policies that have a distinct impact on employees of a certain race.
Should You Hire a Los Angeles Race Discrimination Attorney?
The best way to determine whether you should hire a Los Angeles racial discrimination attorney for your case is to have a consultation. You may obtain a great deal of information online regarding whether or not you may pursue legal action against an employer for race discrimination, but there are many factors that must be taken into consideration. Depending on where you live and work, different statutes may come into play, and only a qualified attorney has the expertise to truly determine the best course of action. Nevertheless, you want to be sure to have well-documented evidence gathered and ready to present.
If you have not been terminated and face discrimination on an ongoing basis at work, you do not want to waste any time consulting a lawyer. If your employer suspects that you may be considering a lawsuit, they are likely to attempt to destroy any evidence of their actions. Discussing these matters with friends, trusted colleagues, and family may help you to gain the courage you need to take action. However, you need to take the necessary actions to stop the inappropriate behavior. Securing legal representation quickly is the best approach to dealing with racial discrimination in the workplace.
Find the Best Employment Discrimination Lawyers “Near Me”
If you feel that you have experienced racial discrimination at a job interview or while employed, it is vital to take the necessary steps to seek compensation by contacting a Los Angeles racial discrimination attorney. Swift legal action against your discriminatory employer can be crucial in these types of cases.
If you believe you have been a victim of race discrimination, call our employment lawyers today at (323) 784-0643 or visit our website to schedule your free case consultation at our Los Angeles office.
