Racial discrimination is still a prevailing issue in all aspects of society, including in places of employment. When employment discrimination based on race occurs, employees may suffer negative treatment resulting not only in workplace stress, but also a more significant inability to advance their careers.
Know your rights as an employee in navigating workplace discrimination and related legal issues. HKM Employment Attorneys LLP can help make sure you’re protected against wrongful terminations and other employment disadvantages on the basis of race.
What Is Race Discrimination?
The U.S. Equal Employment Opportunity Commission (EEOC) defines racial discrimination as unfavorable treatment of any applicant or employee based on race or any personal characteristics associated with race, including hair texture, skin color, and certain facial features.
Racial discrimination can go beyond an employee’s own physical characteristics. Discrimination can occur when someone is treating unfavorably because they are married to or otherwise associated with a person of a certain race or color.
Note that it is also considered discrimination even when the victim and the person inflicting the discrimination are the same race or color.
Is It Illegal to Discriminate Based on Race?
Title VII of the Civil Rights Act of 1964 bans all workplace discrimination based on race, skin color, national origin, sex, and religion in employment relationships. Californians receive extra protection from the California Fair Employment and Housing Act (FEHA) provides additional protection against discrimination for Californians at the state level. The Department of Fair Employment and Housing (DFEH) enforces the stipulations of Title VII, as well as discrimination based on an employee’s association with another individual of color.
What Is an Example of Indirect Discrimination in Terms of Race?
Not all instances of racial discrimination are overt. Racial discrimination can often be difficult to identify as well as prove. Employers often unintentionally discriminate when acting based on longstanding policies that turn out to have a disproportionate effect on employees of a certain race. Such discrimination also occurs when employers or coworkers utter well-intentioned comments that may in fact be offensive. Even victims are not always aware they have been the subject of discriminatory employment decisions.
This is why hiring an employment discrimination lawyer can help determine whether you have a valid racial discrimination case and learn what you as an employee can do to protect your rights and ability to maintain gainful employment.
What Are Examples of Discrimination in the Workplace?
Any form of racial discrimination is unlawful when it affects:
- Advertising or solicitation of job applicants
- Recruitment decisions
- Hiring process
- Job placement
- Access to training programs and apprenticeships
- Classification of employees
- Wage and benefits determinations
- Decisions regarding promotions or job transfers
- Employee discipline or termination
Examples of racial discrimination include when an employer:
- Provides one employee superior benefits or wages than provided to an employee of a different race
- Withholds certain advancement opportunities from employees of a certain race
- Promotes less-qualified employees based on race
How to Fight Racial Discrimination in the Workplace
If you or a loved one are dealing with racial discrimination from a job or prospective employer in San Diego County and Southern California, contact our discrimination attorneys at HKM Employment Attorneys LLP for legal advice. Our national employment law firm has years of experience in representing individuals in all aspects of employment law and workplace discrimination claims, including cases involving:
- Sexual harassment
- Age discrimination
- Discrimination based on sexual orientation or marital status
- Discrimination based on disabilities and other medical conditions
Our employment law attorneys provide you with specific legal assistance and advice for any employment issue.