Examples of Racial Discrimination at Work
Workplace racial discrimination can be described as disparate treatment or disparate impact. Disparate treatment is when an employer singles out an individual or group of employees based on protected traits like race, ethnicity, or skin color. This can happen through promotions and terminations. Instances of this include situations where only people of color are let go or where only those with fair skin are given promotions. Similarly, if an employer only chooses to hire white employees from their application pool, while only denying non-white employees for the position, this could be an overt example of racial bias in hiring practices.
On the other hand, a less overt form of workplace racial discrimination has a disparate impact. It happens when a company’s policies, practices, or processes negatively affect employees based on their race, ethnicity, skin color, or another comparable attribute, even though the business may not have intended to discriminate. It includes items like laws, rules, and policies put in place by an employer that appear to be race-neutral on the surface, but they have a different effect on persons of various races.
How to File a Workplace Racial Discrimination Claim
If you think you are a victim of racial discrimination in the workplace, you should take some precautions to safeguard yourself and gather more proof for a future claim. Some of the best ways to prepare include:
- Record every act of harassment or discrimination you encounter at work. From phone calls to conversations, taking note of when these interactions happened, what was said, how these things were said, and the method used to deliver them is critical for compiling an accurate timeline of your discrimination. Noting these in a confidential journal and ensuring they are kept out of sight from any discriminatory coworkers is necessary to protect your privacy as well.
- Save emails and messages from the workplace that show proof of discrimination, either from coworkers or management. One of the most important parts of any harassment case is documented evidence that proves the claim, and when threatening messages are sent over email or text, they can easily be traced and saved for later use. Just like evidence left at a crime scene can prove who committed the crime, emails from a discriminatory coworker can prove they committed these actions.
- Keep a record of any grievances you have raised with your company or a human resources representative and whether they have been handled. Although your employer’s human resources center is supposed to handle these matters, they can sometimes fall behind when pursuing claims of racial discrimination. This is especially useful if the same event or coworker has been contacted by human resources but has continued harassing you.
- If the prejudice has negatively impacted your health, seek health care or mental health therapy. Be sure to keep your health records and receipts. The stress that comes with racial discrimination at work can take a very real toll on your health. When the pressure from this discrimination becomes too overwhelming to handle, seeking therapy or medical attention to remedy these feelings may be necessary, proving the extent this harassment has affected your health.
From there, speaking with an employment lawyer about your experience is crucial for forming a case against your employer. Using this evidence, along with any testimony from your coworkers or medical professionals, you can start addressing the harassment you face in the workplace and help put an end to these practices.
What Laws Prevent Racial Discrimination in the Workplace?
Federal statutes safeguard employees against racial discrimination at work. The Civil Rights Act of 1964’s Title VII states that it is forbidden to discriminate against employees or job applicants based on race or color. Making choices based on presumptions and prejudices about people’s characteristics, talents, and performances is likewise illegal. California has state-specific anti-discrimination laws. Employers with five or more employees are prohibited under the California Fair Employment and Housing Act (FEHA) from treating employees, contractors, applicants, or unpaid volunteers differently based on their race.
What Is an Expected Workplace Racial Discrimination Case Settlement?
It can be difficult to estimate how much your discrimination case might be worth. Although many of these issues are resolved outside of court, others do go to trial. The Equal Employment Opportunity Commission (EEOC) reports that the typical settlement for claims of job discrimination is around $40,000. Nonetheless, settlements or judgments can reach seven figures depending on the specifics of the case. Some of the most common damages awarded in these settlements include:
- Economic damages. This covers benefits lost as a result of the discriminating or retaliatory behavior, as well as back pay.
- Non-economic damages. These payouts make up for the pain and suffering that the discriminating or retaliatory behavior caused the plaintiffs.
- Punitive damages. These financial penalties are intended to hold an employer accountable for flagrant discriminatory conduct or retaliation.
- Attorney’s fees. In some circumstances, you can also be eligible to recover compensation for the costs of your discrimination action, including the attorneys’ fees.
It can be a major move to decide to file a discrimination claim against your workplace. Deciding whether it is worthwhile to file a claim is one of the biggest questions facing employees, but there are several advantages to bringing a discrimination claim. It won’t just help you. It can also help your coworkers because it probably makes the workplace safer by fostering a better atmosphere for everyone.
Employment Law FAQs
Q: Can You Sue for Racial Discrimination in California?
A: You can submit a Charge of Discrimination if you feel that you have experienced discrimination at work because of your race. A signed accusation that an employer, labor group, or union committed employment discrimination is known as a charge of discrimination. It requests that corrective action be taken by the Equal Employment Opportunity Commission (EEOC).
Q: What Are the Chances of Winning a Racial Discrimination Case?
A: If you have proof and paperwork to back up your claim, your chances of succeeding in a racial discrimination case are significantly higher. Such evidence could be explicit or inferred based on communication. Documenting discrimination or harassment occurrences as they happen is highly advised for people who experience it. Keeping a record of any discriminatory behaviors or remarks displayed by your boss, coworkers, or even clients or customers would be beneficial.
Q: How Long Do You Have to File a Racial Discrimination Claim in California?
A: Court appearances must be made within specific time frames for racial discrimination cases. You must file your claim within six months of the incident or incidents you are describing as racial discrimination. If the court determines that it is just and fair to do so, it may grant a claim that is made after the deadlines have passed. The window of opportunity to file a claim for workplace discrimination is three months.
Q: What Is Considered Racial Discrimination in California?
A: Racial discrimination at work could occur in a variety of situations. Being denied employment, being passed over for promotions, being subjected to harsher disciplinary measures than coworkers of a different race, and getting paid less for doing the same position or identical work are a few prominent examples. The Civil Rights Act of 1964’s Title VII forbids all of these instances.
Speaking With a Santa Clarita Racial Discrimination Attorney
Racial discrimination in the workplace creates an objectively unsafe work environment. Often, these issues require legal intervention to handle, meaning that the help of an employment attorney is needed to handle your case. For those in the Santa Clarita area, Nosrati Law can give you the necessary legal support to properly confront your employer and put an end to this discrimination.
For information on our services, including a full list of our other employment law specialties, contact us today.
