What Is Racial Discrimination?
Racial discrimination occurs when an employer makes an employment decision based on an employee or job applicant’s race, skin color, or other racial or ethnic characteristic. This includes making decisions based on stereotypes or assumptions about a person’s race.
Examples of racial discrimination in the workplace include:
- Refusing to hire or promote an employee based on their race
- Demoting or terminating an employee based on their race
- Assigning employees to certain positions or tasks based on their race
- Compensating employees differently based on their race
- Refusing to provide employee benefits, such as health insurance, to employees of a certain race
- Refusing to provide reasonable accommodations to employees of a certain race
- Subjecting employees to racial slurs, jokes, or other forms of harassment
- Creating a hostile work environment based on an employee’s race
Legal Protections Against Racial Discrimination
Racial discrimination in the workplace is illegal under both federal and state laws. Employees are protected from discrimination based on race, skin color, or ethnicity when it comes to hiring, firing, promotions, pay, job assignments, and other employment decisions. Key legal protections include:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees.
- California Fair Employment and Housing Act (FEHA): In California, FEHA offers broader protections than federal law, covering employers with five or more employees. It prohibits discrimination based on race, color, national origin, and other protected categories.
These laws protect various characteristics of an individual, including:
- Race and Ethnicity: Employees cannot be treated differently due to their racial background or ethnic heritage.
- Color: Protection from discrimination based on the color of one's skin.
- National Origin: Discrimination based on the country or region a person is from is also illegal.
These laws apply to all types of employees, including those in private, public, and government sectors, as well as applicants for jobs.
How to Recognize Racial Discrimination in the Workplace
Racial discrimination can be subtle and may not always be obvious. Common signs of racial discrimination include:
- Microaggressions: These are subtle, often unintentional, discriminatory comments or actions, such as making assumptions about someone's background based on their race.
- Biased Performance Evaluations: When an employee receives poor evaluations based on their race or ethnicity, rather than their actual work performance.
- Unequal Career Advancement: Employees from certain racial backgrounds may be passed over for promotions or opportunities that others receive based on their abilities and qualifications.
Recognizing discrimination means paying attention to both overt and covert actions that may hinder your career advancement or contribute to a hostile work environment. These forms of discrimination can sometimes be difficult to spot, but documenting incidents can provide a clearer picture.
Steps to Take if You Experience Racial Discrimination
If you believe you're experiencing racial discrimination, it's important to act promptly. Here’s what you can do:
- Document Incidents: Keep a record of any discriminatory behavior or actions. This could include notes about what was said, who was involved, dates, times, and any witnesses.
- Report the Discrimination: Report the issue to your supervisor or HR department as soon as possible. Many companies have policies in place for handling discrimination complaints.
- Seek Legal Counsel: If your employer does not take appropriate action or the discrimination continues, contact an experienced employment lawyer. They can guide you on your legal options and help you take further steps.
Preserving evidence is crucial. Keep copies of any emails, texts, or other written communications related to the discrimination, as these can strengthen your case.
What Is a Hostile Work Environment?
A hostile work environment is one where discriminatory behavior is so severe or pervasive that it interferes with an employee’s ability to perform their job. This can be caused by racial slurs, jokes, offensive comments, or exclusionary behavior based on race.
Examples include:
- Racial Slurs or Offensive Jokes: Employees may be subjected to hurtful or derogatory comments based on their racial identity.
- Exclusionary Behavior: This might include being excluded from meetings, training, or social activities due to race.
- Harassment: Repeated or severe discriminatory behavior creates an intimidating or oppressive work environment.
Employees subjected to a hostile work environment can take legal action. It's essential to report such behavior to HR and document everything, as these actions violate both federal and state anti-discrimination laws. Legal steps could include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH).
How Our Firm Can Help
If you have been the victim of racial discrimination, you may be entitled to take legal action against your employer. Our attorneys can help you understand your rights and your legal options. If you choose to take legal action, we can help you build a strong case and fight for the compensation you are owed.
Our lawyers have extensive experience handling racial discrimination claims and are committed to protecting the rights of employees in Fresno and the surrounding areas. We understand that racial discrimination can have a significant impact on your life, and we are here to provide the compassionate legal guidance and aggressive representation you need.
Schedule a Free, Confidential, Consultation Today
If you have been the victim of racial discrimination, we can help. Our attorneys are committed to providing unparalleled legal services to help you secure a favorable outcome for your case.
Our office is conveniently located at 8050 N. Palm Avenue, Fresno, California 93711. We are available to meet with clients throughout California’s Central Valley. We offer evening and weekend appointments, as well as virtual consultations, for your convenience.
To speak with an intake specialist at Webber & Egbert Employment Law, please call (559) 254-4127 or contact us online today.
