Los Angeles Racial Discrimination Lawyer

Pursuit of Justice For Racial Discrimination At Work in Los Angeles, CA

Race discrimination in the workplace can be straightforward or subtle. Either way, it is illegal. No employer has the right to use race as a factor in determining any aspect of your employment. If you believe you have been a target of racial discrimination on the job, a Los Angeles racial discrimination lawyer can help.

Miguel S. Ramirez is a Los Angeles employment attorney who has practiced law in state and federal courts for nearly 20 years. His belief in your rights and his background as a former defense lawyer for employers uniquely qualify him to represent you. No one should have to tolerate race discrimination, even if it is encouraged or condoned by your employer.

Call 213-975-0003 to explore your legal options.

Defining Workplace Racial and Ethnic Discrimination

Racial and ethnic discrimination in the workplace refers to a person being treated differently due to:

• Their heritage
• The way they look
• Where they were born

Though race, color, and ethnicity can mean different things to different people, California law prohibits discrimination based on any of these categories. Physical characteristics, like facial features, skin color, hair texture, and hairstyles, are covered under the discrimination laws, as are characteristics related to your national origin, like ancestors, tribal affiliation, religious connections, and cultural characteristics.

Race discrimination protections also extend to perceived race. If an employer incorrectly assumes your race and discriminates against you based on that perceived race, the action is still illegal. An employer cannot use being incorrect about your race as a defense against a race discrimination accusation. In addition, an employer also cannot discriminate against you due to your spouse’s race or a family member’s race.

Discrimination based on an employee’s race is prohibited by federal laws, such as Title VII of the Civil Rights Act of 1964, and state laws, like the California Fair Employment and Housing Act (FEHA). In addition to employees, FEHA also protects applicants, independent contractors, and even unpaid volunteers. This protection extends past just employees because every aspect of the employment process is covered.

Protection against racial discrimination does not stop with employers. Unions and labor organizations also cannot exclude, expel, or restrict membership based on race or color. Apprenticeship programs and employment agencies also fall under FEHA protections.

Employers can also be held responsible for race discrimination in the workplace even if the discrimination did not come from a supervisor or the employer themselves. If a coworker or other affiliate of the employer harasses employees based on race in Los Angeles, CA, the employer can be held liable if they are made aware of the harassment and take no action to mitigate it.

Damages That Can Be Recovered

If a race discrimination claim is successful, there are three different types of damages that can be recovered.

• Monetary Damages Also known as compensatory damages, monetary damages are meant to make up for any losses sustained by the employee due to the discrimination. These damages often include compensation for lost wages and emotional distress. You can also seek to recover court costs and attorney fees from your employer.

• Equitable Remedies Not all awards from a race discrimination claim are monetary in nature. Equitable remedies are used to do justice that cannot be accomplished with money. For example, a court can dictate that a company update its policies to ensure that they comply with the law, or it can require the employer to hire back a wrongfully terminated employee.

• Punitive Damages When the court desires to penalize the employer further than simple compensatory damages or equitable remedies, punitive damages can be implemented. Though rare, punitive damages are used most frequently when the court wants to deter this employer and other employers from taking similar illegal actions.

Understanding which damages you should ask for in a race discrimination claim can be challenging, and losing part of your recoverable damages can be detrimental. You will not get a second chance once the case has closed, so working with an experienced race discrimination attorney can ensure that you are awarded everything you are owed, especially if you are seeking equitable remedies.

Victims Of Race Discrimination Have An Advocate In Miguel S. Ramirez

Under California law and the Civil Rights Act of 1964, it is illegal for employers to discriminate on the basis of race or color. Talk to our employment discrimination lawyer you believe race played a role in the mistreatment you experienced at work, including:

• Failure to hire or promote
• Demotion or wage or salary decrease
• Wrongful termination and discharge
• Favoritism toward employees of other races
• Different pay scale for people of color
• Racial harassment or retaliation
• Physical or verbal abuse
• Reverse discrimination

Miguel S. Ramirez relies on his technical knowledge of employment law, exhaustive research, thorough investigation and personal commitment to getting results for you. In everything we do for our clients, we show zero tolerance for unequal treatment by employers, including discrimination based on race or national origin.

Race Discrimination FAQs

Q: How Do I Prove That I Have Been Racially Discriminated Against in a Workplace?

A: Unfortunately, proving racial discrimination in a workplace can be a difficult undertaking. Several elements must be present for a racial discrimination claim. These elements include:

• Experiencing an adverse employment condition
• Being a member of a protected class
• Facing less favorable treatment than coworkers with similar positions due to race

Direct evidence, such as witness statements or emails, increases the likelihood of success. Circumstantial evidence, such as statistical evidence of different promotion rates, can also be used.

Q: What Are Some Common Types of Race Discrimination in California?

A: Though everyone wants to complete their workday without experiencing any type of discrimination, it is important to be able to identify it when it occurs. Without identification, it cannot be stopped. Common examples of race discrimination include:

• Refusing to hire minority applicants
• Allowing pay discrepancies based on racial background
• Refusing to promote employees on the basis of their race
• Implementing employment policies aimed at certain ethnic or racial groups
• Harassing an employee in a way that targets their race

Q: Can My LA Employer Penalize Me for Filing a Race Discrimination Claim Against Them?

A: It is not uncommon for an employer to become aware of a race discrimination claim and then take actions against the person filing the report. These actions include reducing scheduled work hours, creating a hostile work environment, and even terminating an employee. Though employers do attempt these negative actions, it is important to note that they are illegal, and the employer can be penalized for retaliation if they engage in these behaviors.

Q: What Does At-Will Employment Mean?

A: Most employment in California is considered at-will, meaning that the employment relationship can be terminated by either party for almost any reason at any time. This is one factor that makes proving termination due to race discrimination difficult, as you must be able to show that the termination was because of your race or in retaliation for reporting race discrimination. An experienced attorney can help you evaluate your case and determine if there is enough evidence to proceed with the claim.

Q: Do I Need an Attorney to File a Race Discrimination Claim Against My Employer in Los Angeles?

A: There are a number of resources that can assist you with filing a race discrimination claim against your employer, so there is no requirement to retain an attorney. However, it is generally not recommended that you undertake this process without the assistance of a Los Angeles racial discrimination attorney. They can explain the relevant laws and assist you with navigating through the procedural nuances, which can potentially increase the likelihood of your claim’s success.

Contact Our Los Angeles Race Discrimination Attorneys Today For A Free Consultation

Dealing with any type of discrimination or harassment in a workplace can be difficult, even more so when it is tied to a personal factor like race. Working with a Los Angeles racial discrimination attorney who understands the personal nature of this issue can help you feel more comfortable proceeding with the claim.

The Law Offices of Miguel S. Ramirez can compassionately assist you through this challenging experience. We can also aggressively pursue your employer to ensure that your rights are protected. Our law offices serve clients in the Los Angeles area and surrounding areas of Southern California. For your free initial consultation with Mr. Ramirez, call 213-975-0003. We are also available by email. Se habla español.