Legal Protections Against Racial Discrimination in California
State and federal laws form a robust framework against workplace racial discrimination.
The Civil Rights Act of 1964, a milestone in U.S. history, prohibits race-based treatment in companies with 15 or more employees. California goes further with its Fair Employment and Housing Act (FEHA), covering businesses with just five workers, including interns.
These laws address all aspects of employment, from hiring to benefits. The Equal Employment Opportunity Commission (EEOC) enforces federal statutes, while state agencies handle local laws. Protection also extends to labor unions, preventing race-based exclusion.
While federal law shields all minorities, including Latinos, Asians, and Native Americans, state regulations often add extra layers of defense.
Substantiating a Racial Discrimination Case
To prove racial discrimination, a strategic approach and comprehensive evidence-gathering are essential. Here are the key steps and elements to consider:
- Documenting incidents: Keep records of any discriminatory remarks or actions you’ve been on the receiving end of.
- Comparing treatment: You must be able to show that you were treated differently than colleagues of other races.
- Gathering witness testimony: It can help to obtain statements from coworkers who witnessed the discrimination.
- Reviewing company policies: Identify any disparities in how policies are applied across different racial groups at your workplace.
- Collecting written communications: Save emails or memos that indicate racial bias, as they can serve as crucial evidence.
- Seeking legal guidance: Consult a qualified attorney for assistance dealing with the intricacies of discrimination law.
- Filing with the appropriate agencies: You may need to submit a formal complaint to the EEOC or state agencies.
- Addressing retaliation: Make it a point to document any retaliatory actions taken after you report the initial discrimination, such as pay cuts or project reassignment.
Your lawyer can help you compile a strong body of evidence and present it in a way that will convince the presiding authorities of the validity of your case.
Compensation for Victims of Racism at the Workplace
Employees who have been targeted for racial discrimination may seek various forms of compensation for the harms they’ve suffered, including:
- Back pay: Recovery of income lost due to unfair practices.
- Front pay: Compensation for potential income if job reinstatement isn't viable.
- Emotional damages: Payment to address the psychological impacts of discrimination.
- Legal expenses: Reimbursement for case costs incurred during the legal process.
- Career rehabilitation: Support for retraining or education to overcome professional setbacks.
While working on your case, your attorney will determine the types of compensation you’re eligible for and accurately calculate their combined value to secure the maximum possible amount on your behalf.
Filing Deadlines for a Los Angeles Racial Discrimination Claim
Time is of the essence when filing a racial discrimination claim. The deadlines may vary depending on your situation and the agency overseeing your case.
Generally, you have 180–300 days from the date of the initial incident to file a complaint with the EEOC. The Civil Rights Department allows a longer window, typically three years from the date of the alleged discrimination.
You have one year to file with the Department of Fair Employment and Housing. If you receive a right-to-sue notice, you’ll have between 90 days and one year to file a lawsuit, depending on the issuing authority.
