Federal, State, and local Los Angeles employment laws make it unlawful for employers to discriminate against employees on the basis of race, ethnicity, and/or national origin. Despite laws making race-based employment discrimination illegal, racism is not uncommon in Los Angeles workplaces. If you are experiencing race discrimination at work in Los Angeles, you are not alone. Reach out to Avloni Law to speak with an experienced racial discrimination lawyer in Los Angeles today.
Understanding Racial Discrimination in the Workplace
Discrimination Based on Race, Ethnicity, and National Origin involves the differential treatment of employees based on their race, ethnicity, and 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 unequally because of their ethnicity or country of origin, or because of characteristics related to their ethnicity or birthplace, such as cultural practices or accent. Employers cannot base employment decisions, including but not limited to hiring, promotion, pay, workplace opportunities, benefits, and training, on an employee’s race, ethnicity, or national origin. Employees, regardless of race, are entitled to equal pay 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 also illegal in the workplace. Harassment, including racial slurs, jokes, comments, and racially offensive symbols regarding race, ethnicity, or national origin, is illegal in the workplace if the harassment is severe or pervasive so as to rise to the level of creating a hostile work environment.
Federal, State, and Local Employment Laws Prohibit Racial Discrimination at Work in Los Angeles
Title VII of the Civil Rights Act of 1964 is a federal law that prohibits employment discrimination based on race. It applies to employees who work for employers with 15 or more employees and prohibits discrimination in hiring, firing, promotions, harassment, and retaliation. California’s Fair Employment and Housing Act (FEHA) builds upon Title VII to provide stronger and broader protections against employment discrimination based on race within California. The FEHA extends coverage to employers with 5+ employees, and covers independent contractors, interns, and volunteers in addition to traditional employees. The FEHA is relatively employee-friendly, with a 3-year statute of limitations, and allows successful plaintiffs to recover unlimited punitive and emotional-distress damages. Los Angeles County enforces strict anti-discrimination laws prohibiting race-based discrimination in employment, housing, and public accommodations, largely guided by California’s FEHA and the Federal Title VII.
Administrative agencies at the federal, state, and local levels process cases of race-based discrimination in the workplace. The Equal Employment Opportunity Commission (EEOC) handles claims of race discrimination in violation of federal law, while the California Civil Rights Department handles claims of race discrimination in violation of California State law. In Los Angeles specifically, the Los Angeles Civil and Human Rights and Equity Department works to combat discrimination, bias, and injustice, ensuring equity for residents. Knowing where, when, and what to file can be tricky; an attorney can help you navigate the legal process.
Work with a Racial Discrimination Attorney to Build a Strong Legal Case
It is one thing to know that what you are experiencing at work is wrong. Successfully proving that you are experiencing unlawful racial discrimination at work and winning remedies is a different challenge. Reach out to an employment attorney as soon as possible in order to begin building a strong legal case. An employment attorney will be able to help you assess your potential claims, determine which laws apply when, gather evidence that meets the necessary legal standards, and strategize a strong path forward while keeping administrative deadlines in mind. It is never too soon to consult with an attorney.
With a strong legal case, you may be entitled to compensation, including monetary and non-monetary damages, under federal and state laws. The amount and types of damages you can recover in a California employment case depend on the facts of the case. Generally, the damages you may recover revolve around the economic and non-economic impact that your employers’ actions had on you. Monetary damages awarded may include back pay, front pay, lost wages, unpaid wages, emotional distress damages, and punitive damages. Non-monetary damage outcomes may include job reinstatement or policy changes. Prevailing plaintiffs may also be entitled to recover legal fees and costs incurred while pursuing legal action.
The Strategic Advantage of Hiring a Local Employment Attorney
If you are dealing with racial discrimination at work in Los Angeles, hiring a local employment attorney is advantageous. Los Angeles attorneys have an in-depth knowledge of the regional, state, and city-specific labor laws, precedents, and norms that may apply. The protection provided by local laws often exceeds the protections that federal law provides, and an attorney with in-depth knowledge of the local specifics will be able to provide tailored advice. Attorneys who have experience working in LA may have familiarity with local judges, court procedures, and opposing counsels, enhancing negotiation and litigation strategies and positive case outcomes. Hiring a local employment attorney is also advantageous in that you can meet in person with your attorney if necessary to work through any complex or urgent case issues that may arise.
What to Expect When Pursuing Legal Action in Los Angeles
Each and every racial discrimination claim is different, and the path to resolution depends on the parties, the facts of the case, and the unique way the situation unfolds. However, the process of working with an attorney, from consultation to case resolution, typically follows a series of steps.
Assessing Your Potential Claims
Whether or not you have a legal claim, and the strength of that claim, is entirely case dependent and may depend on factors outside of your control. When determining whether or not you should file a lawsuit, it is important to consider not only what happened to you, but a multitude of other factors, including when it happened, what evidence you have to show that it happened, and what else was happening in your workplace at the time. A discrimination attorney can help you make legal sense of what you are experiencing and help you decide what your legal options are based on the facts of your situation. Consult with an attorney to understand your options.
Gathering Evidence
It is advantageous to reach out to an attorney as soon as possible regarding discrimination claims you may have so that they can provide advice on how to ensure your safety and bring a strong case. An employee rights attorney can help you compile the evidence that you will need to present a legally compelling case.
Meeting Essential Deadlines
Civil claims are subject to statutes of limitations. If you miss the deadline to bring a case, you risk losing your right to pursue that particular claim. Contact an attorney promptly so that they can advise you of any pending deadlines that might impact your ability to pursue justice.
Filing a Lawsuit
You and your attorney may decide that the best path forward is to file a lawsuit in state or federal court. If this is the path you chose, your attorney will file a complaint in court. The progress of any court case is situational and depends on the facts and interests of the parties. Your case may resolve quickly or may take years before going to trial. As the case unfolds, your attorney will advocate for you in front of a judge and, ultimately the jury, against your employer and their legal team.
Regardless of the situation, having an attorney who specializes in civil discrimination litigation will help you navigate the legal process and increase your chances of winning a favorable outcome. Reach out to an attorney as soon as possible to begin the consultation process.
Protecting Yourself from Retaliation at Work
Unfortunately, speaking up about racial discrimination at work can lead to illegal retaliation. In addition to prohibiting discrimination, the Federal Civil Rights Act (CRA) and California Fair Employment and Housing Act (FEHA) prohibit employers from retaliating against employees who participate in protected activities related to racial discrimination. Legally protected activities include making a complaint of discrimination or harassment to your employer or to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CCRD), resisting racial discrimination or harassment at work, refusing to engage in work that would result in discrimination or harassment, participating as a witness in a race discrimination or harassment complaint made by a co-worker. Adverse actions include loss of pay, loss of benefits, reduced workplace opportunities, negative performance reviews, poor physical or verbal treatment, bad assignments, demotion, layoffs, and firing.
To protect yourself from workplace retaliation, it is important to keep a detailed account of the chain of events so you can prove what happened. To make a compelling case, you need to prove that you participated in a protected activity, that your employer took an adverse employment action against you, and that there is a close link in time between the protected activity and the adverse employment action. Save any documents or communications that demonstrate when and how you engaged in the protected activity, and any documents relating to the adverse actions taken against you. Documents might include emails, sudden negative performance reviews, or evidence of changes to your work or assignment schedule. Consult with an attorney to discuss what evidence you need to prove your retaliation case.
Reach Out to a Race Discrimination Lawyer Today for a Free Initial Consultation
Workplace discrimination disputes can be extremely complicated and distressing; working with a local employment law expert is essential when negotiating a conflict with your employer. Navruz Avloni is an experienced plaintiff-side employment lawyer with a proven track record of success representing clients in Los Angeles and throughout California. If you have questions about your employment situation or are experiencing unlawful racial discrimination at work, please get in contact with us right away for a consultation. The retaliation attorneys at Avloni Law are here to help
