Glendale Racial Discrimination Lawyer

Glendale Racial Discrimination Attorney

Discrimination in the Workplace

Favoritism and discrimination in the workplace can create an unpleasant experience. It can make preparing for the workday especially frustrating. It may seem immoral and unfair if someone on your team receives preferential treatment or positive rewards that do not relate to their work performance. Instead, these rewards were based on personal relationships or personality compatibility.

It can seem even more heinous if personality clashes and personal relationships negatively affect how someone is treated. However, these types of actions are not illegal. They become illegal if the treatment rises to the level of behaviors like failing to give pay increases, promotions, or other workplace benefits to workers based on characteristics that fall under any of California’s protected classes. In addition to race, these protected categories include:

• Age
• Sex/Gender
• Sexual Orientation
• Genetic Information
• Gender Identity or Expression
• Medical Conditions or Disability
• Military or Veteran Status

Ultimately, any preferential or negative treatment that violates a state or federal law regarding a discriminatory practice is considered illegal racial discrimination. This gives you an opportunity to take legal action against your employer.

It is important to note that illegal racial discrimination does not apply to mild, isolated incidents or offhand comments. Instead, it applies to severe or frequent occurrences that create an offensive or hostile work environment. This negatively impacts the person being discriminated against.

Examples of Racial Discrimination

Racial discrimination refers to the unfavorable treatment of an employee or job applicant based on race. It also applies when any racial characteristic like skin complexion, hair texture, or body features is targeted. Specifically, racial discrimination arises when, because of someone’s race or racial features, an employer or supervisor:

• Refuses to hire a person
• Denies a person benefits, pay, promotions, training, and/or job assignments
• Excludes the person from events and meetings
• Demotes, reduces the hours of, lays off, or fires that person
• Forces the person to quit

Many may know that racial discrimination can be perpetrated by supervisors, employers, or managers. However, it may be less known that coworkers, clients, and customers of the business can also be guilty of racial discrimination. Examples include:

• Offensive jokes
• Racial slurs
• Derogatory comments or statements
• Displaying racially offensive images or symbols

An employer cannot control the individuals engaging in these acts. However, they do have a responsibility to uphold the right that employees have to work safely without being targeted for their color, race, or national origin.

It is the employer’s duty to mitigate racial discrimination through actions like diversity training and anti-discriminatory policies. If these resources fail, they are then responsible for stopping these behaviors once they become aware of them.

Effects of Workplace Racial Discrimination

It is likely that a notable amount of your time each week will be spent in your workplace. This means racial discrimination can have devastating consequences for those targeted.

• Health Issues: Racial trauma can have significant effects on the health of an affected individual. Potential symptoms can mirror PTSD and may include chronic stress, depression, anxiety, and hypervigilance. These symptoms can lead to physical issues like cardiovascular disease, hypertension, increased allostatic load (wear and tear on the body from chronic stress), and digestive issues.
• Financial Problems: If an employer is denying you your rightful starting salary or pay increases due to biases against your race, you may experience financial issues resulting from not being paid appropriately for your time and skill. You are entitled to a similar rate of pay as someone with comparable work experience and skills. Race should have no bearing on your pay.
• Stagnant Career: Racial discrimination in the workplace can result in being overlooked or bypassed for promotions. These would otherwise improve the trajectory of your career. Lack of advancement in a company can look negative to other employers. This can limit your employment opportunities if you decide to apply for positions within other companies, further hindering your career advancement.

Racial discrimination has compounding effects that can easily reach beyond your work environment. These effects can be debilitating in multiple areas of your life and should not be ignored. If you believe you are suffering from the effects of racial discrimination in your workplace, speaking with an employment attorney can help you build a successful case against your employer.

Potential Compensation for Racial Discrimination in the Workplace

Working with a skilled employment attorney can help you clearly establish your racial discrimination case. This can help you receive the greatest amount of potential damages. Some of the recoverable damages include:

• Back Pay: If you were terminated, or were unable to continue working, due to the discrimination, you are entitled to lost wages from your last workday to the date of the settlement.
• Front Pay: If you lost your job due to discrimination, and are unable to obtain a job making similar or better pay, you may be entitled to lost wages that extend into the future. This value is typically determined by how long you could have remained employed if you were not illegally terminated.
• Punitive Damages: Punitive damages are intended to punish an employer and deter other employers from allowing or engaging in similar conduct. In cases where the employer’s conduct was willful or especially egregious, you may be entitled to punitive damages.
• Emotional Distress: Racial discrimination can be traumatic. You may be entitled to emotional distress compensation, especially if you require ongoing psychiatric or medical treatment. The value depends on the severity of the pain and suffering, as well as how long the condition is likely to continue.

It may also be possible to require the employer to alter any discriminatory practices or policies. This can prevent racial discrimination against future employees. Every bit of compensation from a discriminatory employer is important. It can allow you to successfully move on from this experience. Therefore, working with an adept attorney is an important part of building your case.

FAQs About Glendale, CA Race Wrongful Termination Law

What Type of Proof Is Required for a Race Discrimination Claim?

Collecting enough evidence to prove beyond doubt that your employer engaged in racially discriminatory practices is not easy. You must prove that:

1. The behaviors were racially motivated.
2. They are part of an established pattern.

Evidence that can help support your case includes:

• Witness testimony
• Emails
• Text messages
• Copies of any filed reports

Is My Employer Liable If a Customer or Client Racially Discriminates Against Me?

An employer is not likely to be held liable if you are discriminated against by a customer in an isolated incident. The employer can be held liable if:

1. You report this action.
2. They do nothing to prevent further discrimination from occurring.
3. The discrimination continues.

It is important to follow your employer’s reporting policies to ensure they are aware of the behavior.

Can I Use a Recording Device to Prove Racial Discrimination?

Under California law, all parties to a confidential conversation must consent to the recording. This means that you cannot record a private conversation with your employer or anyone associated with your workplace without their consent, even if they are acting in a racially discriminatory way. There is, however, an exception if the parties can reasonably expect the conversation to be overheard or recorded. Speaking with a Glendale Racial Discrimination Lawyer can help guide your actions and prevent any illegal activity.

What Is California’s Discrimination Law?

The California Fair Employment and Housing Act (FEHA) defines discrimination in the state. It applies to any employer with more than four employees. They cannot discriminate against an employee or potential employee based on any of the protected categories. FEHA offers more protection to California workers than federal laws, such as Title VII of the Civil Rights Act.

Proving Racial Discrimination

It is not easy to successfully face your employer when accusing them of racial discrimination. They are likely to use every resource available to them to cast doubt on your experience and disprove your accusations. In these instances, a client-focused Glendale Racial Discrimination Lawyer can make all the difference in your case.

MM Law can approach your situation with a unique strategy that offers the greatest chance of success against your employer. We strongly believe in the rights that Glendale area residents are afforded at their workplace. Our firm can work diligently to ensure they are upheld. Contact our team at MM Law to schedule an initial consultation and gain important legal insight into your case.