Los Angeles Race and Color Discrimination Lawyer

Title VII of the Civil Rights Act of 1964 provides the strongest basis for Race Discrimination protection. Title VII states that: “It shall be an unlawful employment practice for an employer: to fail or refuse to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, religion, sex, or national origin; or to limit, segregate, or classify his employees or applicants for employment in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, or national origin.”

This means that under federal law, your employer cannot discriminate you based on your race or color for any of the reasons listed above. Similarly, California’s Fair Employment and Housing Act (“FEHA”) specifically prohibits discrimination on the basis of race. Therefore, the rights afforded under federal law are also given under FEHA.

Race Discrimination Harassment based on racial or ethnic ties can come in the form of unwelcome harassment. However, unlike sexual harassment where claims can be based on a “Hostile Work Environment,” or “Quid Pro Quo” theory, Racial or Ethnic Harassment must be based on the Hostile Work Environment theory. Therefore, racial harassment is viewed from the perspective from the reasonable person belonging to the same racial or ethnic background.

In order to prove racial harassment the plaintiff must prove that he was a member of a protected class; he was subjected to unwelcome racial harassment; the harassment was based on race; the harassment unreasonably interfered with his work performance by creating an intimidating, hostile, or offensive work environment; and the employer is liable for the harassment.

• RACIAL SLURS: slurs that are severe and pervasive may constitute racial discrimination or harassment under FEHA, even if it is made by a member of the same background. For example, even when an African-American makes racial slurs to another black employee, there may be sufficient conduct which rises to the level of racial harassment.

• ISOLATED, TRIVIAL INCIDENTS: just like in sexual harassment cases, “occasional, isolated, sporadic, and trivial” do not rise to the sufficient level of racial harassment. For example, an isolated tease or a single “offhand” comment is not enough to show racial harassment. However, a single racial slur by a supervisor may rise to the level of racial harassment; a supervisor has extensive control over his subordinates which exacerbates the slur into a hostile working environment.

• CONDUCT TO OTHER EMPLOYEES: even if the employer directs comments to other employees, he or she may have created a hostile working environment. For example, when an employer frequently references African-Americans using racial slurs, Hispanic employees can claim a hostile working environment.

• RACIALLY MOTIVATED POLICIES: an employer may have created a hostile working environment when they try to cater to customer’s racial preferences. For example, when a Nursing Home employer creates a policy that white patients cannot be treated by black nurses, a hostile working environment is present.