Racial discrimination is still prevalent in the workplace and affects the hiring, promotion, and advancement of people of color and different national origins. If you believe that your race has impacted your work opportunities, reach out to the experienced San Diego race discrimination lawyers at Jimenez Loayza, APC. We want to protect your rights and can speak with you about your particular situation during a confidential consultation.
What Is Racial Discrimination in the Workplace?
Racial discrimination occurs when an applicant or employee is treated differently because of their race, color, ethnicity, or national origin. Some common examples of racial discrimination in the workplace include:
- Making offensive comments or jokes based on a person’s race or color
- Failing to hire someone because of their race
- Firing an employee because of their race
- Failing to promote an employee because of their race or ethnicity
- Actions that are based on race and are so severe or pervasive that they create a hostile work environment
- Treating employees of one racial group more favorably than those of another racial group
- Denying benefits to an employee because of their race
Laws Prohibiting Racial Discrimination in the Workplace
Title VII of the Civil Rights Act of 1964 protects employees from discrimination on the basis of race or color. This law applies to employers with 15 or more employees, including state and local governments. It prohibits discrimination on the basis of a person’s racial group, perceived racial group, characteristics linked to race, or because of their association with someone of a particular race or color.
The California Fair Employment and Housing Act also makes it illegal to discriminate against someone on the basis of race, color, or ethnicity. When an employer becomes aware of an allegation of racial discrimination, it must take immediate and appropriate action, including engaging in a prompt and impartial investigation into the allegations.
Different Types of Racial Discrimination in the Workplace
There are different types of racial discrimination that can occur in the workplace, including:
- Disparate treatment – Disparate treatment is a more obvious form of racial discrimination. It involves actions that single out an employee, applicant, or group of employees or applicants because of their race, ethnicity, or color. For example, it can happen when only employees of color are laid off or when employees of only one racial group are promoted within a company.
- Disparate impact – Disparate impact is more complex in that it is not as obvious as disparate treatment discrimination. However, the effect is similar in that one racial group is treated differently than another. There may not be an intent to discriminate, but employment policies, practices, or procedures adversely affect one or more racial groups. For example, requiring certain test scores on tests where people with certain racial identities perform better could result in a disparate impact claim.
- Harassment – When racial harassment creates a hostile working environment, it can be a form of racial discrimination because it alters the terms and conditions of employment.
An experienced employment law attorney in San Diego can review the circumstances and explain what your legal options are for pursuing justice.
Contact an Experienced San Diego Race Discrimination Attorney Today
You should not have to go through racial discrimination or suffer any type of negative employment action because of your race, color, or ethnicity. If you are experiencing racial discrimination in the workplace, contact a San Diego race discrimination lawyer at Jimenez Loayza, APC. We provide a free confidential consultation to discuss your circumstances. Call (619) 320-5901 or contact us online.