National City Racial Discrimination Lawyer

Q: What Damages Can I Recover in a Racial Discrimination Claim?

A racial discrimination claim can help you recover economic damages like back pay, front pay, and lost benefits, and non-economic damages like emotional distress, pain, and suffering. In some situations, punitive damages may be awarded to punish the employer if their actions were malicious or reckless. Many cases will also award attorney’s fees and court costs to you as well.

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National City Racial Discrimination Attorney

Despite strong protections under California and federal law, discrimination is still a persistent issue in many workplaces. Employees of color often face unfair treatment during hiring, promotions, and other career-defining moments. If you suspect that your employer or potential employer has treated you unfairly because of your race, a National City racial discrimination lawyer can help you assert your rights and pursue justice. At Jimenez Loayza, APC , our dedicated national city workplace attorney is committed to standing up for victims of workplace discrimination and helping them get the justice they deserve.

Trusted National City Racial Discrimination Lawyer

Your Rights Against Racial Discrimination

Employees in National City are protected by both federal and state laws:

Federal Protection (Title VII). The federal Civil Rights Act of 1964 (Title VII) prohibits workplace discrimination based on specified characteristics, including race, color, and national origin. It covers nearly all terms and conditions of employment from the recruitment stage to a potential firing and applies to private and public employers with 15 or more employees.
State Protection (FEHA). The California Fair Employment and Housing Act (FEHA) provides more elaborate protections. It prohibits employment discrimination based on characteristics like race, color, national origin, and ancestry. FEHA applies to smaller organizations as well, covering employers with five or more employees.

In California, two main government organizations handle racial discrimination complaints. The state one is the California Civil Rights Department (CRD) that upholds the FEHA. The federal agency responsible is the U.S. Equal Employment Opportunity Commission (EEOC), which upholds Title VII. 10.4% of the total 67,448 EEOC filings for the recent fiscal year were race-based complaints.

Recognizing Racial Discrimination at Work

Discrimination can take many forms, such as:

Unequal treatment during job postings, interviews, or screening processes.
Discriminatory practices in promotions, demotions, or terminations.
Being unfairly denied desirable work assignments, shifts, client-facing roles, or high-profile projects due to your race.
Exclusion from work-related social events, team meetings, or networking events.
Being subjected to excessive monitoring or scrutiny of work output, attendance, or behaviors that are not applied equally to employees of other racial groups.
Unequal compensation, bonuses, or access to training opportunities.
The use of racial slurs, jokes, or offensive imagery creates a hostile work environment.
Dress codes or grooming standards that disproportionately affect certain racial groups.
Being forced to resign due to intolerable, race-based conditions.
Facing punishment for reporting discrimination or asserting your rights.

Protecting Your Rights After Racial Discrimination

If you are experiencing or have experienced discrimination in the workplace, you should take specific and timely steps to protect yourself and your legal rights.

Document Everything

Your first steps should be to document everything. It is important that you are thorough and consistent while doing this, because it may be vital for a future legal claim.

Log all incidents of racial discrimination, including racial slurs, jokes, comments, and actions. Be sure to note the date, time, location, and anyone involved.
Document discriminatory conduct like unequal pay, being passed over for promotions, receiving less desirable working conditions, or harassment.
Save all copies of written communication related to the discrimination or your complaints.
List any witnesses.
Document any retaliation from your employer, such as a demotion or firing.
Record any internal complaints you made to your supervisor, manager, or HR.

Report the Discrimination Internally

You should report the discrimination to your employer. Most companies have established procedures for reporting workplace discrimination, and you should follow them directly. When you report, you should be prepared with your evidence about the discrimination.

Hire a Racial Discrimination Lawyer

Don’t hesitate to hire a racial discrimination lawyer to support you throughout the process. You can reach out to one before filing the initial complaint with your lawyer, or at any point after. At Jimenez Loayza, APC, we can assist you with filing the initial discrimination complaint with your lawyer and guide you through all the steps after.

At Jimenez Loayza, APC, we focus on gathering strong evidence from day one. Attorney Marisol Jimenez has exclusively fought for employees throughout her career, while attorney Francisco Loayza has experience defending employers, which provides critical insight into the other side’s strategy. Our goal is to provide your case with the quality attention that you deserve.

Experienced National City Racial Discrimination Attorney

FAQs

How Do I Know if I Have a Racial Discrimination Case?

You likely have a racial discrimination case if you suffered an adverse employment action, like firing, demotion, or no promotion, due to your race, color, or ethnicity. If you are unsure whether an adverse action was racial discrimination, you can contact a racial discrimination lawyer who can review your case and help you understand your legal options.

Do I Need to File a Complaint with a Government Agency First?

Before filing a lawsuit for racial discrimination in California, you generally must first file a complaint with a government agency. You can file with the federal EEOC or with the California CRD, and after they investigate your complaint, they may provide you with a right-to-sue notice before you can proceed with a lawsuit. When you file a complaint with one agency, it is cross-filed with the other as well.

What Damages Can I Recover in a Racial Discrimination Claim?

A racial discrimination claim in National City, California can help you recover economic damages like back pay, front pay, and lost benefits, and non-economic damages like emotional distress, pain, and suffering. In some situations, punitive damages may be awarded to punish the employer if their actions were malicious or reckless. Many cases will also award attorney’s fees and court costs to you as well.

How Can a National City Racial Discrimination Lawyer Help Me?

A National City racial discrimination lawyer can help you by evaluating your case, gathering evidence, and determining the most effective legal strategy for you. They can file a claim with the EEOC or CRD, negotiate settlements, and represent you in court to seek damages like lost wages, emotional distress, or job reinstatement.