Can I Sue for Racial Discrimination at Work? An Employee-Focused Guide
Experiencing racial discrimination in the workplace can be deeply harmful. California law provides strong protections for employees facing unfair treatment based on race, color, or ethnicity. If you believe that you have been discriminated against due to your race or color, you may be able to bring a legal claim against your employer. This guide from Miracle Mile Law Group explains what racial discrimination looks like, how to prove your case, and what remedies may be available.
Understanding Race and Color Discrimination
Under both California and federal law, it is illegal for employers to discriminate against workers based on race or color. Racial discrimination occurs when an employer treats an employee or job applicant unfavorably because of their race or characteristics associated with race, such as skin color, hair texture, or facial features.
The two primary laws that protect against racial discrimination in the workplace are:
- California’s Fair Employment and Housing Act (FEHA): Prohibits discrimination, harassment, and retaliation based on race, color, ancestry, and other protected characteristics.
- Title VII of the Civil Rights Act of 1964: A federal law that also prohibits employment discrimination based on race, color, and other protected traits.
These laws apply to a range of employment practices, including hiring, firing, pay, job assignments, promotions, layoffs, training, and benefits.
Examples of Racial Discrimination at Work
Racial discrimination can manifest in overt or subtle ways. Below are some examples that may constitute unlawful discrimination under California law:
- Refusing to hire a qualified applicant because of their race or ethnic background
- Making derogatory racial comments or jokes in the workplace
- Applying different standards of discipline for employees of different races
- Denying promotions or raises to employees based on race or skin color
- Assigning less desirable work duties or shifts based on race
- Harassing an employee due to their racial identity or appearance
- Segregating employees by race in work areas or assignments
It is also illegal for an employer to retaliate against an employee who reports racial discrimination or participates in an investigation.
How to Prove Your Racial Discrimination Claim
To successfully bring a claim for racial discrimination, you will need to show that the employer’s action was taken in part because of your race. This can be done through direct or circumstantial evidence. Common types of evidence include:
- Written or verbal statements that show bias (e.g., racist comments or slurs)
- Inconsistent application of workplace policies based on race
- A pattern of unequal treatment in promotions, compensation, or discipline
- Comparisons showing that similarly situated employees of other races were treated more favorably
- Emails, text messages, or witness testimony supporting your claims
In California, employees must first file a complaint with the California Civil Rights Department (CRD) or get a right-to-sue letter before filing a lawsuit in court. You generally must file the complaint within three years from the date of the discriminatory act.
Remedies Available in a Racial Discrimination Case
If you prevail in a racial discrimination lawsuit, you may be entitled to various remedies under California law. These remedies are intended to compensate you and to deter future wrongdoing by the employer.
| Remedy | Description |
|---|---|
| Back Pay | Compensation for wages or benefits lost due to the discrimination |
| Front Pay | Future lost wages if reinstatement is not possible |
| Compensatory Damages | Pain, suffering, emotional distress, and out-of-pocket expenses |
| Punitive Damages | Damages meant to punish the employer for especially egregious conduct |
| Attorney’s Fees and Costs | Reimbursement for legal fees and associated case costs |
| Reinstatement | Returning you to your former job position if feasible |
| Policy Changes | Requirement for employer to revise discriminatory practices or training |
Each case is unique, and the damages available will depend on the circumstances of your situation, the severity of the discrimination, and the proof you have been able to gather.
Contact Miracle Mile Law Group
Racial discrimination has no place in the workplace. If you have been treated unfairly because of your race or color, you deserve to understand your rights and pursue justice. At Miracle Mile Law Group, we represent employees across California in workplace discrimination claims. Reach out to our team to schedule a free consultation and discuss your legal options.
Related Posts
