San Diego Racial Discrimination Lawyer

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San Diego Racial Discrimination Attorney

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 racial 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. For legal guidance, a trusted San Diego workplace discrimination lawyer can help navigate your options and fight for justice.

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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 (FEHA) 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.

Time Limits to File Claims

There are time limits when filing workplace racial discrimination claims. The statute of limitations for filing a claim is generally three years from the date of the last alleged discriminatory act, which means you must file an administrative complaint with the California Civil Rights Department (CRD), which is a prerequisite for filing a lawsuit in state courts.
The CRD will issue a right-to-sue notice, and then you will have one year from the date of that notice to file a lawsuit. If you choose to file a federal charge with the Equal Employment Opportunity Commission (EEOC), the deadline is a bit shorter at 300 days from the date of the last discriminatory act. But before you make any moves, you should hire a racial discrimination lawyer.

Hire a Racial Discrimination Lawyer

California has strong anti-discrimination laws that protect employees from racial discrimination, but with this comes legal complexities, critical deadlines, and the ability to effectively gather important evidence. It is already stressful enough to have to deal with workplace racial discrimination, and you do not need to carry the legal burden too. This is why you need an experienced racial discrimination lawyer like Jimenez Loayza, APC, who can take on the legal fight for you as a powerful advocate for the justice and compensation you deserve.

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FAQs

What Counts as Racial Discrimination at Work?

Racial discrimination is when an employer treats an employee or job applicant unfairly because of their presumed race, skin color, or ethnic background. Some examples of racial discrimination are biased hiring, unequal pay, harassment, retaliation, wrongful termination, and being denied promotions. This is especially true if the termination is based on false accusations that may mask a discriminatory motive. Any of these actions can be a violation of federal and state employment laws.

How Do I Prove Racial Discrimination?

To prove racial discrimination in the workplace, you should consult with an attorney who can help you gather the right evidence to do so. The evidence might be emails, texts, HR complaints, disciplinary actions, witness testimony, performance reviews, patterns of unfair treatment, salary history, hiring data, and any other documentation that might be used to prove your case.

How Long Do I Have to File a Racial Discrimination Claim in California?

You have three years to file a racial discrimination claim in California. This begins from the date of the last alleged discriminatory act to file a complaint with the CRD under the FEHA. If you also want to file with the federal EEOC, the deadline for that is 300 days. It is a requirement that you file with the CRD before you can pursue a lawsuit.

What Should I Do if I Have Been Experiencing Racial Discrimination at Work?

If you’ve been experiencing racial discrimination at work, it is recommended that the first thing you do is document everything. This includes dates, details of incidents, witnesses, etc. Then you should consult with a racial discrimination attorney who can help you discuss your next steps, such as reporting the discrimination internally, filing a complaint with the CRD, and potentially moving forward with your legal options.