La Jolla Racial Discrimination Attorney
Experiencing racial bias at work can be extremely isolating. You may not know what steps to take to get justice. A dedicated La Jolla racial discrimination lawyer at Jimenez Loayza, APC, can guide you through the legal process of protecting your rights and career.
Why Choose Jimenez Loayza, APC?
When you’re facing racial discrimination in the workplace, you need an attorney who holds a thorough understanding of state and federal law. Jimenez Loayza, APC, has the experience necessary to stand up against unjust employers.
Our firm is focused on employment law, with particular skill in racial bias, discrimination, and harassment claims. We can also handle retaliation claims when an employer retaliates against employees who take action against racism.
Discrimination can impact you in many ways. We take the time to listen and better understand your needs. Our goal is to secure fair compensation for your needs while holding employers responsible for their wrongdoing. We handle cases on a contingency fee basis, meaning you don’t pay unless we secure compensation for you.
Recognizing Workplace Racial Discrimination
Racial discrimination in employment isn’t always the same. Some employees face obvious hostility, while others may receive unequal work assignments or be left out of opportunities. Men and women face racism at the same rate, according to 2023 data, while trans and nonbinary workers experience it more. Some examples of discrimination in the workplace can include:
- Exclusion from meetings or trainings when colleagues of another race are included
- Being given bad shifts or fewer tasks compared to peers of a different race
- Being held to a higher standard during evaluations
- Exposure to racially hostile environments, such as slurs, symbolic gestures, or jokes
In 2023, HR Acuity data showed that about 42% of workplace discrimination went unreported.
Federal and State Law Surrounding Racial Discrimination
Federal law, such as Title VII of the Civil Rights Act of 1964, states that it’s unlawful for employers with 15 or more employees to discriminate based on race and skin color. This covers all aspects of employment, including hiring processes, promotions, compensation, and employment terms.
California state law also provides broad protections against discrimination based on race, color, national origin, and other protected characteristics. The Fair Employment and Housing Act (FEHA) requires employers with five or more employees to be protected from discrimination. Under FEHA, employers are required to prevent harassment and to investigate complaints promptly to take corrective action. If they fail to do this, the employer is held liable.
Statute of Limitations and Filing Deadlines
Under FEHA, workplace discrimination complaints must be filed within 3 years of the last act of discrimination. FEHA then gives you the right to pursue legal action. At this point, you have one year to file a civil claim.
Every case is unique. A La Jolla racial discrimination attorney can evaluate your case and ensure you meet filing deadlines.
Compensation in Racial Discrimination Cases
A successful racial discrimination claim may result in various types of compensation. This can include:
- Lost earnings or back pay. Lost wages, bonuses, and benefits you were denied.
- Future lost wages. If you can no longer return to your current job
- Emotional distress. Compensation for suffering, anxiety, humiliation, and loss of enjoyment in life because of the discrimination
- Punitive damages. Additional compensation is a way to further punish the employer for its wrongdoing.
- Attorney’s fees and costs. Recoverable under FEHA
How Jimenez Loayza, APC, Builds Your Case
When we’re ready to begin building your case, we gather employment history, pay and assignment records, and performance evaluations. We also work with you to identify and interview potential witnesses and coworkers.
Our team reviews all communications, including emails, texts, and memos, to find evidence to support your case. We also compare the treatment of similarly positioned employees of different races. Finally, we evaluate and negotiate settlement options or prepare for litigation if necessary.
FAQs
How Do You Take Action on Racism?
Taking action on racism involves both personal and systemic efforts. It’s important to speak out against racist behaviors and also educate yourself and others. Support those targeted by discrimination wherever possible. If you notice discrimination in your workplace, you can bring this to the attention of the HR department. Taking action can also involve supporting organizations that promote racial equality.
How Long Does a Racial Discrimination Case Take?
The length of a racial discrimination case varies depending on the complexity and evidence. Whether it settles or goes to trial also plays a large role in the overall timeline. If the case proceeds to court with the Superior Court of California – County of San Diego, it takes much longer than negotiating a settlement. Having thorough documentation, legal representation, and cooperating with investigators can streamline the process.
How Much Does a Discrimination Lawyer Cost?
Employment discrimination lawyer fees in La Jolla vary based on many factors. Some attorneys may charge per case, but many work on a contingency fee basis. A contingency fee means that the attorney doesn’t get paid unless you win the case. In that case, they would charge a percentage of the settlement. Lawyer fees also depend on their experience and location.
How Much Is a Discrimination Claim Worth in California?
The value of a discrimination claim in California depends on factors such as the severity of harm, lost wages, and emotional distress. Punitive damages could also be awarded to further punish the wrongdoing and prevent future discrimination. Victims can recover lost pay, benefits, emotional distress, and attorney’s fees. Every case is unique, so the total worth can vary greatly.
Hire a Racial Discrimination Lawyer
If you work in the La Jolla or San Diego areas and have experienced racial discrimination at work, a skilled La Jolla racial discrimination lawyer can help you take action. Whether you’ve been demoted, harassed, or retaliated against, Jimenez Loayza, APC can discuss your situation, review your legal options, and take the right steps toward seeking justice.
Jimenez Loayza, APC, works hard to defend employees against unjust workplace environments. Contact us today to schedule a consultation.
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