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Employment Law Firm in Los Angeles

Racial Discrimination

He criteria used to hire and promote you should be based solely on your knowledge, expertise, experience, and performance. Your race, ethnicity, and/or national origin should not affect your treatment in the workplace, nor curtail your opportunities for promotion or advancement.

If you have experienced racial discrimination in the workplace, been denied advancement, or been set up to fail because of who you are or what you look like, you should take legal action. All employees have the right to protect themselves against racial discrimination. So hiring a racial discrimination lawyer should be your first step.

Generally, employers do not want to be labeled as racists, and will do everything in their power to disprove racial discrimination claims. Given the disproportionate resources available to employers in fighting racial discrimination claims, you should not make a formal accusation until you have sought advice and guidance from a racial discrimination attorney.

Charging your employer with racial discrimination is a serious action—perhaps the most serious action an employee can take against an employer. Therefore, you should have your own strategy prepared before you file a lawsuit. A Los Angeles employment discrimination lawyer can provide the help you need.

Before you begin this process, it is important to understand what exactly constitutes racial discrimination in the workplace. The following behaviors and incidents fall under the category of racial discrimination:

Disparate Treatment

If you are subjected to treatment that is different than that of your colleagues due to your race or ethnicity, you can pursue a racial discrimination claim. If you are a member of a racial or ethnic minority and are constantly singled out by those in positions of authority, or you are constantly mistreated by your peers and your boss does nothing about it, then you have a good racial discrimination claim.

Disparate Impact

Racism in the workplace takes many forms. Although your employer may have never made a directly racist comment or shown intolerance for racially offensive speech, they may have implemented policies that adversely and unfairly affect employees on the basis of race. If so, then your employer can be successfully sued for racial discrimination.

Racial Harassment

Racial harassment through open and emphatic bullying, intimidation, and offensiveness are also reasons to pursue a racial discrimination claim against your employer. You should never have to work in a culture of discrimination or where such behavior is tolerated. Your employer has a legal obligation to enforce a zero tolerance policy for racial harassment and discrimination in the workplace. There is absolutely no reason you should have to abandon your job because of your employer’s failure to abide by the law.

Preferential Treatment

You may be the victim of racial discrimination if you, or other members of your racial/ethnic group, are isolated from other employees or are relegated to jobs that are far below what you are qualified to do. It is against the law for your employer to deny you the opportunity to gain the experience and opportunities everyone else enjoys because of your race or ethnicity. It is also against the law for your employer to terminate your employment on the basis of your race or ethnicity, and if your employer does so, you have grounds to sue them for racial discrimination.

There is another form of preferential treatment that is much more subtle but just as insidious. Your employer may make it a practice of inviting only certain people to lunch or to dinner at their home. Being intentionally left out of such events can be an indication of racial discrimination.

Racially-Driven Decision-Making

Unless you have particular or specialized knowledge of a country or region, you should not be assigned and limited to a specific location because of your race. Most companies pursue an aggressive diversity recruitment strategy to get insights that will help them better market goods and services to particular racial or ethnic groups. You may have been hired because you have experience and expertise in helping companies do exactly that. It may even be the case that you volunteered or accepted the assignment to a team because the company needs your perspective, as a racial minority, to formulate a better sales strategy.

However, you should not be indefinitely assigned to such a job and denied the opportunity to grow and advance in your workplace. You have a racial discrimination case against your employer if you have been told in no uncertain terms that you have been sent to a particular city, county, or country because of your racial or ethnic background and that you will not be allowed to leave without risking demotion or losing your job.

Building Your Case

Even if you are certain that you have been discriminated against, you may harbor some doubts as to whether you will be able to prove it. It is important to gather and preserve evidence from the very first incident. Here are a few of the actions you can take to prove racial discrimination and the negative impact it has had on your career.

  • Relevant Communication

    Employers are not likely to be open about their wrongdoings. It is important to preserve all emails, voice messages, and text messages from your abuser. They may prove to be crucial evidence in your case.

  • Discovery Documents

    The lawyer who takes on your case will immediately obtain your complete employment and pay records. This will allow your lawyer to review all of the documents related to the case and examine internal communications between your immediate superior and others. Other documents such as counseling forms and emails between the person who has abused you and others can also be requested and examined.

One of the key things you may be able to determine with the help of these documents is a pattern and timeline. If you can discern a pattern that suggests certain kinds of people have been demoted and fired, then you may be able to prove that your employer has been engaging in discriminatory behavior.

What West Coast Trial Lawyers Can Do For You

If you have made up your mind to take action, it is important to work with an attorney that specializes in cases like yours. The racial discrimination lawyers at West Coast Trial Lawyers have extensive experience handling racial discrimination cases. We will work tirelessly to gather the facts, find and interview eyewitnesses, hire experts, and fight for your rights.

We work on a contingency basis, which means we only get attorney’s fees if we are able to recover for you. Our legal team is available 24/7 and will take care of your case from start to finish. For a free no-obligation consultation with a racial discrimination attorney in Los Angeles, contact our office at 1-800-247-9235.

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