Los Angeles Race Discrimination Lawyers

Racism in the workplace is not only wrong, but also illegal. If you’ve faced this type of treatment, one of the best race discrimination attorneys in Los Angeles from Setyan Law can help.

If you suspect you’ve been discriminated against in Los Angeles due to your race, then you should immediately contact an attorney who can begin working on your case. Setyan Law has a team of legal professionals who will sit down with you and help you decide how to move forward.

Setyan Law

Whether you have faced discrimination, harassment, retaliation, wrongful termination, or other illegal actions against you by an employer, our Los Angeles employment lawyer Sam Setyan and his legal team of experts will provide you the quality legal services required to win your case, and bring you justice. Sam Setyan will review your grievance, tell you your options, and guide you to the most favorable outcome possible. It’s your call.

Call 213-618-3655 for a free consultation.

Race as a Protected Characteristic

Race stands as one of the most fundamental protected characteristics in anti-discrimination law. Sometimes racial discrimination in the workplace is obvious and other times it is more subtle. The prohibition against race discrimination has its roots in the civil rights movement and has been enshrined in both federal and state legislation. In the context of employment, race discrimination occurs when an individual is treated unfavorably because of their race or characteristics associated with a particular race.

The scope of race as a protected characteristic is broad and encompasses various aspects beyond just skin color. It includes traits historically associated with race, such as hair texture, facial features, and even cultural practices that are closely tied to racial identity. This comprehensive interpretation ensures that protection extends to the multifaceted nature of racial identity and expression.

Under California law, the definition of race discrimination is particularly inclusive. It recognizes that race is often intertwined with other protected characteristics, such as national origin or ethnicity. This intersectional approach acknowledges the complex ways in which individuals may experience discrimination based on multiple aspects of their identity.

It’s crucial to understand that race discrimination can manifest in both overt and subtle ways. Overt discrimination might involve explicit racist comments or blatant exclusion based on race. Subtle forms of discrimination, often referred to as microaggressions, can be equally harmful and may include assumptions about an individual’s capabilities, cultural stereotyping, or exclusion from informal networking opportunities.

Employers in Los Angeles and throughout California are required to maintain workplaces free from race discrimination. This obligation extends to all aspects of employment, including:

• Recruitment and hiring processes
• Job assignments and promotions
• Training and development opportunities
• Compensation and benefits
• Disciplinary actions and terminations

Moreover, employers must take proactive steps to prevent race discrimination and address any incidents that occur. This includes implementing clear anti-discrimination policies, providing regular training to employees and managers, and establishing effective complaint procedures.

For employees, understanding race as a protected characteristic empowers them to recognize and address discriminatory behavior. It provides a legal framework for asserting their rights and seeking redress when faced with unfair treatment based on race.

As we continue to explore the nuances of race discrimination in the workplace, it’s important to keep in mind that the law recognizes the complexity of racial identity and seeks to provide comprehensive protection against all forms of race-based discrimination.

Forms of Race Discrimination in the Workplace

Race discrimination in the workplace can manifest in various forms, ranging from overt acts of prejudice to more subtle, systemic biases. Recognizing these different manifestations is crucial for both employees and employers to address and prevent discriminatory practices effectively. Let’s explore some common forms of race discrimination that occur in Los Angeles workplaces:

Hiring Discrimination

One of the most prevalent forms of race discrimination occurs during the hiring process. This can include:

• Refusing to hire candidates based on their race or racial characteristics
• Using racially biased language in job postings
• Asking inappropriate questions about race during interviews
• Implementing hiring practices that disproportionately exclude certain racial groups

Unequal Pay and Benefits

Pay disparities based on race are illegal, yet they persist in many workplaces. This form of discrimination includes:

• Offering lower salaries or wages to employees of certain races
• Providing fewer benefits or opportunities for bonuses to racial minorities
• Implementing pay scales that disadvantage particular racial groups

Promotion and Advancement Bias

Race discrimination can significantly impact an employee’s career progression. Examples include:

• Overlooking qualified racial minority employees for promotions
• Setting higher standards for advancement for employees of certain races
• Providing fewer training or development opportunities to racial minorities

Harassment and Hostile Work Environment

Racial harassment creates a hostile work environment and is a serious form of discrimination. This can involve:

• Racial slurs, jokes, or derogatory comments
• Displaying racially offensive symbols or images in the workplace
• Persistent teasing or bullying based on race or racial stereotypes

Unfair Disciplinary Actions

Discriminatory application of workplace rules and disciplinary measures can include:

• Imposing harsher punishments on employees of certain races for similar infractions
• Selectively enforcing workplace policies based on race
• Using subjective criteria for discipline that disproportionately affects racial minorities

Wrongful Termination

Terminating an employee based on their race is illegal. This can manifest as:

• Firing an employee due to their race or racial characteristics
• Using pretextual reasons to terminate employees of certain races
• Implementing layoffs or restructuring that disproportionately affects racial minorities

Segregation and Exclusion

More subtle forms of discrimination can involve:

• Assigning employees to certain roles or departments based on race
• Excluding employees of certain races from important meetings or social events
• Creating a workplace culture that alienates or marginalizes racial minorities

Retaliation

It’s illegal to retaliate against an employee for reporting or opposing race discrimination. Retaliation can take the form of:

• Demotions or unfavorable job reassignments
• Increased scrutiny or negative performance reviews
• Creating a hostile work environment for the employee who complained

Understanding these various forms of race discrimination is essential for creating fair and inclusive workplaces. Employees should be vigilant in recognizing these behaviors, while employers must take proactive steps to prevent and address all forms of racial discrimination. By fostering an environment of equality and respect, workplaces in Los Angeles can become more diverse, productive, and harmonious for all employees.

Legal Protections Against Race Discrimination

The legal framework protecting individuals from race discrimination in the workplace is robust, encompassing both federal and state laws. These protections are designed to ensure equal opportunities and fair treatment for all employees, regardless of their racial background. Understanding these legal safeguards is crucial for both employees seeking to assert their rights and employers aiming to maintain compliant and equitable workplaces.

Federal Protections

At the federal level, the primary law addressing race discrimination in employment is Title VII of the Civil Rights Act of 1964. This landmark legislation prohibits employers from discriminating against employees based on race, color, religion, sex, or national origin. Key aspects of Title VII include:

• Coverage of all aspects of employment, from hiring to termination
• Application to employers with 15 or more employees
• Prohibition of both intentional discrimination and practices that have a discriminatory impact
• Establishment of the Equal Employment Opportunity Commission (EEOC) to enforce the law

Additionally, other federal laws complement Title VII in protecting against race discrimination:

• The Civil Rights Act of 1866 (Section 1981) provides additional protections against racial discrimination in contracting, including employment contracts
• Executive Order 11246 requires federal contractors to take affirmative action to ensure equal employment opportunities

California State Protections

California law provides even broader protections against race discrimination through the Fair Employment and Housing Act (FEHA). Key features of FEHA include:

• Application to employers with 5 or more employees, offering wider coverage than federal law
• Prohibition of discrimination based on race, color, ancestry, and national origin
• More expansive definition of race, including traits historically associated with race
• Stronger remedies and longer statutes of limitations compared to federal law

The California Department of Fair Employment and Housing (DFEH) enforces FEHA and provides resources for employees facing discrimination.

Local Ordinances

In addition to state and federal laws, Los Angeles has its own anti-discrimination ordinances that may provide additional protections or resources for employees facing race discrimination.

Enforcement and Remedies

Employees who believe they have faced race discrimination have several avenues for seeking justice:

1. Filing a complaint with the EEOC (for federal claims) or DFEH (for state claims)
2. Pursuing mediation or settlement negotiations
3. Obtaining a "right to sue" letter to file a lawsuit in court

Remedies available to victims of race discrimination may include:

• Back pay and front pay
• Reinstatement to a position
• Compensatory damages for emotional distress
• Punitive damages in cases of egregious violations
• Attorney’s fees and court costs

Employer Obligations

Employers have a legal obligation to prevent and address race discrimination in the workplace. This includes:

• Implementing clear anti-discrimination policies
• Providing regular training on diversity and inclusion
• Establishing effective complaint procedures
• Taking prompt and appropriate action when discrimination occurs
• Maintaining records of employment decisions and practices

By understanding these legal protections, employees can better advocate for their rights, and employers can create work environments that are not only legally compliant but also truly inclusive and equitable. The robust legal framework against race discrimination reflects society’s commitment to workplace equality and provides the tools necessary to combat discriminatory practices.

Steps to Take If You Experience Race Discrimination

Experiencing race discrimination in the workplace can be distressing and overwhelming. However, it’s crucial to take action to protect your rights and contribute to a more equitable work environment. If you believe you’ve been subjected to race discrimination in Los Angeles, consider the following steps:

1. Document the Incidents

Start by creating a detailed record of the discriminatory behavior:

• Write down dates, times, and locations of incidents
• Note the names of individuals involved, including witnesses
• Save any relevant emails, messages, or other communications
• Keep copies of performance reviews, job descriptions, and other relevant documents

Thorough documentation can be crucial if you decide to file a formal complaint or lawsuit.

2. Review Your Company’s Policies

Familiarize yourself with your employer’s anti-discrimination policies and reporting procedures:

• Check your employee handbook or company intranet
• Understand the proper channels for reporting discrimination
• Take note of any deadlines for filing internal complaints

3. Report the Discrimination Internally

Follow your company’s procedure for reporting discrimination:

• Submit a written complaint to HR or your designated point of contact
• Be clear and concise in describing the discriminatory behavior
• Request a written acknowledgment of your complaint
• Ask about the timeline for investigation and resolution

4. Seek Support

Dealing with discrimination can be emotionally taxing. Consider seeking support from:

• Trusted colleagues or mentors
• Employee resource groups or affinity networks
• Professional counseling services, if available through your employer
• Community organizations that support victims of discrimination

5. File a Complaint with Government Agencies

If internal resolution is unsuccessful or unsatisfactory, consider filing a complaint with:

• The California Department of Fair Employment and Housing (DFEH)
• The federal Equal Employment Opportunity Commission (EEOC)

Remember that there are time limits for filing these complaints:

• DFEH: Within three years of the last incident of discrimination
• EEOC: Within 300 days of the discriminatory act

6. Consult with an Employment Attorney

An experienced employment lawyer can provide valuable guidance:

• Evaluate the strength of your case
• Advise you on your legal options
• Help you navigate the complaint and litigation process
• Represent you in negotiations or court proceedings

7. Consider Mediation or Alternative Dispute Resolution

Many discrimination cases are resolved through mediation or other forms of alternative dispute resolution:

• These processes can be faster and less adversarial than litigation
• They often result in mutually agreeable solutions
• Your attorney can advise you on whether these options are appropriate for your case

8. Prepare for Potential Retaliation

Be aware that retaliation for reporting discrimination is illegal, but it can still occur:

• Continue documenting any changes in your work environment or treatment
• Report any retaliatory actions through the same channels as the original complaint
• Understand that retaliation can form the basis of a separate legal claim

9. Educate Yourself on Your Rights

Stay informed about your rights under federal and California law:

• Attend workshops or seminars on workplace rights
• Follow updates from organizations like the EEOC and DFEH
• Join professional associations that advocate for workplace equality

10. Consider Your Long-Term Career Goals

While addressing discrimination, also think about your career trajectory:

• Assess whether staying with your current employer is the best option
• Explore other job opportunities if necessary
• Consider how this experience might inform your future career choices

Taking action against race discrimination not only protects your rights but also contributes to creating more equitable workplaces for all. Remember that you have legal protections and resources available to support you through this process. By following these steps and seeking appropriate assistance, you can address discrimination effectively and work towards a resolution that upholds your dignity and rights in the workplace.

The Role of Employment Attorneys in Race Discrimination Cases

Employment attorneys play a crucial role in addressing and resolving race discrimination cases in Los Angeles. These legal professionals specialize in employment law and have the expertise to navigate the complex landscape of anti-discrimination statutes, regulations, and case law. Their involvement can significantly impact the outcome of a discrimination case, providing invaluable support to employees facing unfair treatment. Let’s explore the various ways in which employment attorneys contribute to race discrimination cases:

Legal Assessment and Strategy Development

When an employee seeks legal counsel for a potential race discrimination case, an employment attorney will:

• Conduct a thorough evaluation of the facts and evidence
• Assess the strength of the case based on applicable laws
• Develop a comprehensive legal strategy tailored to the specific circumstances
• Advise the client on the potential outcomes and risks associated with different courses of action

Guidance on Complaint Procedures

Employment attorneys assist clients in navigating the often complex procedures for filing discrimination complaints:

• Advising on whether to file with state (DFEH) or federal (EEOC) agencies
• Ensuring that complaints are filed within the required timeframes
• Helping clients draft clear and compelling complaints that effectively present their case
• Representing clients during agency investigations and hearings

Negotiation and Settlement

Many discrimination cases are resolved through negotiation or settlement. An experienced attorney can:

• Represent the client’s interests in settlement negotiations
• Evaluate settlement offers to ensure they adequately address the client’s concerns
• Negotiate for favorable terms, including monetary compensation and workplace changes
• Draft and review settlement agreements to protect the client’s rights

Litigation Representation

If a case proceeds to court, an employment attorney provides comprehensive representation:

• Filing the lawsuit and handling all court procedures
• Conducting discovery to gather evidence and build the case
• Deposing witnesses and preparing clients for depositions
• Presenting the case in court, including opening and closing arguments
• Examining and cross-examining witnesses

Expert Witness Coordination

In complex discrimination cases, expert witnesses may be necessary. Attorneys can:

• Identify and retain appropriate expert witnesses
• Work with experts to develop testimony that supports the client’s case
• Prepare experts for depositions and trial testimony

Addressing Retaliation

Employment attorneys are vigilant about protecting clients from retaliation:

• Advising clients on how to recognize and document retaliatory actions
• Taking swift legal action if retaliation occurs
• Incorporating retaliation claims into existing cases when appropriate

Emotional Support and Advocacy

Beyond legal representation, attorneys often provide crucial emotional support:

• Offering a compassionate ear to clients dealing with the stress of discrimination
• Advocating for clients’ rights and dignity throughout the legal process
• Connecting clients with additional resources for support and counseling

Education on Workplace Rights

Employment attorneys play an important role in educating clients about their rights:

• Providing clear explanations of complex legal concepts
• Keeping clients informed about changes in employment law
• Offering guidance on how to protect oneself from future discrimination

Workplace Policy Review and Recommendations

For employers seeking to prevent discrimination, attorneys can:

• Review and revise workplace policies to ensure compliance with anti-discrimination laws
• Provide training on best practices for creating inclusive work environments
• Advise on implementing effective complaint procedures and investigation protocols

Appeals and Post-Trial Motions

If necessary, employment attorneys handle appeals and post-trial motions:

• Identifying grounds for appeal in unfavorable decisions
• Drafting and arguing appellate briefs
• Representing clients in appellate court proceedings

The involvement of an experienced employment attorney can significantly impact the outcome of a race discrimination case. These legal professionals not only provide expert guidance through the complexities of employment law but also serve as staunch advocates for their clients’ rights and dignity. By leveraging their knowledge, skills, and resources, employment attorneys play a vital role in combating workplace discrimination and promoting equality in Los Angeles workplaces.