When you’re in the workplace, you hope to be treated with kindness and respect. Especially with so many laws in place prohibiting discrimination, the last thing you expect is to face racial harassment. However, employers, supervisors, and coworkers don’t always follow those laws. At Jimenez Loayza, APC, many victimized employees ask, “Can you sue for racial harassment at work in San Diego?” Black, Asian, and Hispanic employees have rights, and you have legal avenues to resolution should those rights be violated.

What Is Racial Harassment?

California’s Fair Employment and Housing Act prohibits discrimination of any kind because of race, ethnicity, nationality, or any other protected trait. Racial harassment is any unwelcome, offensive, or intimidating behavior targeting a person’s race that creates a hostile work environment. Examples of racial harassment include:

• Using racial slurs
• Making derogatory remarks about a person’s skin color
• Displaying symbols of hate
• Deliberately mispronouncing an employee’s name
• Making assumptions about a worker’s capabilities or intelligence based on race
• Excluding employees from meetings or events
• Making racial jokes
• Retaliation against an employee for reporting racism

If you’ve been subjected to these actions, file a report with human resources or make a claim with the state Civil Rights Department or the Equal Employment Opportunity Commission.

Proving Racial Harassment at Work

In 2022, 23.4% of reports filed with the EEOC were for racial discrimination across California. Despite its prevalence, it isn’t always easy to prove racial harassment in the workplace. You need strong evidence, such as written communications conveying racist remarks or statements from witnesses of racially charged actions by other employees. You can also prove a pattern of discrimination by showing a history of mistreatment based on race.

For example, if certain workplace responsibilities are exclusively given to black workers, this could be a sign of racial harassment. Similarly, you can prove discrimination by showing that all Asian or Hispanic workers are frequently kept out of meetings. To pursue compensation, it’s essential to have compelling evidence of the harassment.

Compensation for Racial Harassment in the Workplace

If you’ve been subjected to racial harassment, know that you may be entitled to compensation. Damages you can recover for racial harassment include:

• Lost wages
• Front pay
• Lost benefits
• Pain and suffering
• Emotional distress
• Punitive damages

If you’ve been the victim of workplace harassment, it’s important to speak with a racial harassment attorney. A lawyer can review your racial harassment case and estimate the value of your damages.

California Racial Discrimination Laws

In California, workers are protected from racial harassment in the workplace by the Fair Employment and Housing Act. This law explicitly prohibits discrimination or harassment in the workplace due to race, ethnicity, nationality, and other protected attributes. Violations of this law can be reported to the Civil Rights Department within three years of the incident. In 2023 alone, the CRD received 5,791 complaints of racial harassment and discrimination in the workplace.

How Jimenez Loayza, APC, Can Help

Facing racial discrimination in the workplace is emotionally and mentally taxing. You go to work hoping to be recognized for your contributions, not to be harassed for the color of your skin. The team at Jimenez Loayza, APC, can help you fight back against racism and pursue rightful compensation. We know San Diego’s racial harassment laws, and we’re eager to put that knowledge to work for you.

Our attorneys have experience on both sides of employment law cases, having represented both workers and companies. We use that experience and knowledge to craft winning strategies. We’re selective about the cases we take on; this makes sure clients get the personalized attention they deserve. More than that, we prepare for trial from day one, showing the other side that we aren’t afraid of a fight.

FAQs

Can You File a Claim Against an Employer for Racist Comments?

Yes, you can file a claim against an employer for racist comments if they create a hostile work environment or constitute discrimination. Title VII of the Civil Rights Act and California’s Fair Employment and Housing Act prevent harassment and discrimination based on race. Keep in mind that you only have 180 days to file a report with the Equal Employment Opportunity Commission, though you have three years to file a claim with the California Civil Rights Department.

What Do I Do If I Feel Like I’m Being Discriminated Against at Work?

If you feel like you’re being discriminated against at work, make sure you save any evidence of your employer’s actions. If you’re comfortable doing so, report the behavior to the company’s human resources department. Otherwise, you can file a report with the EEOC or the CRD. You can hire a racial discrimination lawyer to help you collect evidence, file reports, and litigate on your behalf.

How Do You Deal With Racist People in the Workplace?

Dealing with racist people in the workplace is challenging, and there’s no one right way to handle the situation. In some cases, you may feel comfortable directly confronting the person and expressing your issue with their behavior. In others, you may need to speak with a supervisor or the company’s human resources department. If those aren’t options or you aren’t comfortable doing so, you can file a report with the EEOC or CRD.

Where Do You File Complaints About Racism in the Workplace?

If you need to file complaints about racism in the workplace, you have several places you can turn. Internally, you can report racism to your company’s human resources department if that’s an option. For help from the state, you can report the incident to the California Civil Rights Department within three years. Federally, you can report workplace racism to the Equal Employment Opportunity Commission within 180 days of the incident.

Hire a Racial Discrimination Lawyer

If you’ve been the object of jokes, unfairly reprimanded, or deliberately excluded in the workplace due to your race, consult a racial discrimination lawyer. An experienced attorney knows what it takes to win these cases. Your lawyer can collect evidence of the harassment, file a report with the appropriate agency, negotiate with your employer for a settlement, and represent you in San Diego County Superior Court if necessary.

Contact Jimenez Loayza, APC, today to schedule a consultation with our lawyers. We can discuss your case, explain your options, and create a strong strategy for pursuing compensation.