Your race should never impact your status at work. Both State and Federal Law make it illegal for employers to discriminate against you on the basis of an employees’ race, ethnicity, and/or national origin. Employers may not discriminate against any employee or job applicant in any aspect of employment, including but not limited to hiring, pay, benefits, workplace opportunities, performance reviews, physical or verbal treatment, assignments, and firing. Despite the laws making employment discrimination illegal, racism and discrimination remains common in the workplace. The California Department of Fair Employment and Housing receives tens of thousands of race and ethnicity based discrimination claims annually. If you believe you are experiencing race discrimination, or discrimination based on ethnicity or national origin, you are not alone.
Understanding Racial Discrimination and Harassment in the Workplace
Discrimination Based on Race, Ethnicity, and National Origin involves the differential treatment of employees based on their race, ethnicity, or national origin. It is illegal for an employer to treat an employee unfavorably because of their racial background or qualities related to their racial background such as skin color, hair texture, or other physical features. It is likewise prohibited for an employer to treat an employee unfairly due to their country of origin, cultural practices, or accent. Employers cannot base employment decisions including but not limited to hiring, promotion, pay, workplace opportunities, benefits, and training based on an employee’s race, ethnicity, or national origin. Employees regardless of race are entitled to be paid equally for their work; in 2017 the California Equal Pay Act was amended to include race, ethnicity, and national origin, making race-based wage discrimination unlawful under California state law.
Harassment based on race, like discrimination, is illegal in the workplace. Harassment, including the use of racial slurs, jokes, comments, and racially offensive symbols regarding race, ethnicity, or national origin is illegal in the workplace if the harassment is considered severe or pervasive so as to rise to the level of creating a hostile work environment.
Searching for a Racial Discrimination Attorney
If you are experiencing racial discrimination or harassment at work, an employment attorney specializing in racial discrimination can help you understand your options, advocate for justice at work, bring the strongest case, and potentially recover monetary damages. Finding the right attorney is key.
Once you have made the difficult decision that you need to contact a lawyer for your racial discrimination case, the question becomes how to pick the right lawyer for you.
- Personal Referrals: Asking trusted coworkers, friends, and family members for attorney referrals can be a good place to start. If somebody has had a similar experience of race discrimination, they may be able to direct you to a good attorney.
- Referral Services: Lawyers referral services can direct you to legitimate lawyers in your area specializing in discrimination and employment law. The American Bar Association (ABA) and California Bar Association both have online portals that allow you to search for attorneys based on area of expertise and location. Additionally, in the National Employment Law Association (NELA) and the California Employment Law Association (CELA) have attorney lists.
- Google Search: You may choose to find an attorney by doing a google search including your location and issue area, for example “Los Angeles race discrimination lawyer.” When reaching out to attorneys found on google, take the time to read reviews and client testimonials. You should plan to contact multiple attorneys and compare and contrast your options in order to find the best fit. There are several qualities to assess when comparing attorneys
- Trustworthiness and Reliability: Your attorney will be helping you solve intimate problems in your life. It is important that you feel comfortable enough with your attorney to truthfully tell them all of the facts and details that pertain to the discriminatory conduct, and trust them to handle this information and represent you responsibly. Make sure that your attorney is responsive to you, and that you feel heard and understood when speaking with your attorney.
- Expertise and Experience: It is important that you select an attorney who has experience representing clients who have had similar claims. Different areas of law require varying sets of knowledge and experience; when searching for an attorney to handle your discrimination case, look for an attorney who has a track record of winning discrimination cases on behalf of former clients.
- Cost: When hiring legal representation, it is important to understand the cost-benefit. Your attorney can advise you about the damages you might be able to recover, along with what fees they may charge you. In some states, including California, you may be able to recover your legal costs if you prevail in your case. Be sure to understand the attorney fee structure, what their flat fees are, and what they may charge you. Some attorneys may also offer a contingency fee, meaning that they will only recover if you prevail in your case.
What to Expect from the Attorney-Client Relationship
Each employment conflict is unique, as is the process of working towards a solution. However, when you reach out to, and work with, an employment attorney, you can anticipate certain things about your attorney-client relationship.
Confidentiality: All attorney client relationships are confidential. Everything that you share with your attorney and that your attorney shares with you is legally confidential and should not be shared with others.
Responsiveness: You and your attorney should be in regular contact. You should be able to reach out to your attorney and expect that they will respond to you in a timely and thorough manner; and vis versa. Bringing legal action requires active participation from both the client and their representative.
Transparency: While your lawyer may not detail every move that they are making, you should expect that your lawyer will keep you updated on the progress of any negotiations or work that they are doing on your behalf. They should be transparent with you about the state of your case and about what expectations you should hold.
Filing a Lawsuit in Los Angeles
Once you have retained an attorney in Los Angeles to resolve your racial discrimination claim, they may file a lawsuit in state or federal court.
Under federal or California state law, before filing in court, you must first exhaust your claims by filing a charge with the appropriate government agency, either the Federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). The EEOC or DFEH will give you a “Right to Sue” letter detailing the timeline by which you must file a claim in court. At their point you will work with an attorney to draft a complaint laying out the facts of your case.
After you file a complaint in court, the steps that a case may take are situational and depend on the facts and interests of the parties. Your case may resolve quickly or may take years before going to trial. At any point in a case, reach out to your legal team to get information about where your case stands, and what the next steps will be.
Reach Out to An Attorney Today
Race discrimination disputes can be extremely complicated; working with an employment law race discrimination expert is essential when negotiating a conflict with your employer. Navruz Avloni is an experienced racial discrimination lawyer with a proven track record of success representing clients throughout California, with offices in Los Angeles, San Jose, and San Francisco. If you have questions about your employment situation, or are experiencing unlawful discrimination at work, please get in contact with us right away for a consultation. The employment law attorneys at Avloni Law are here to help.