How to File a Complaint for Racial Discrimination in the Workplace

Racial discrimination in the workplace is an unfortunate reality that many employees still face today. Despite federal and state laws prohibiting such conduct, some employers continue to make decisions based on race, color, or national origin. Employees subjected to unfair treatment may face denied promotions, lower wages, or even termination. Fortunately, employees have legal options to file a complaint and hold their employers accountable for discriminatory actions.

Filing a complaint can be complex and daunting, but Los Angeles employment lawyers are skilled at guiding employees through the necessary steps. At Azadian Law Group, PC, we help victims of workplace discrimination understand their rights and pursue justice through proper legal channels. By following the correct process and gathering sufficient evidence, employees can improve their chances of achieving a successful outcome.

Racial Discrimination in the Workplace

Racial discrimination occurs when an employer treats an employee unfairly because of their race or perceived race. This discrimination may take various forms, such as:

• Hiring and Promotions: Refusing to hire or promote employees based on race.
• Unequal Pay or Benefits: Paying employees of different races lower wages or offering fewer benefits.
• Harassment and Hostile Work Environment: Creating a hostile work environment through racial slurs, jokes, or derogatory comments.
• Retaliation: Punishing employees who report or complain about racial discrimination.

These actions violate federal and state laws ensuring equal employee treatment.

Federal and State Protections Against Racial Discrimination

Employees in California are protected from racial discrimination under federal and state laws. Key protections include:

• Title VII of the Civil Rights Act of 1964: Prohibits racial discrimination by employers with 15 or more employees.
• California Fair Employment and Housing Act (FEHA): This law applies to employers with five or more employees and offers broader protections than federal laws.
• Section 1981 of the Civil Rights Act of 1866: Protects employees from race-based discrimination in contracts and employment relationships.

These laws empower employees to seek remedies if they experience discriminatory treatment.

Steps to File a Complaint for Racial Discrimination

Filing a complaint for racial discrimination requires careful documentation and adherence to legal procedures. Below are the essential steps employees should follow to protect their rights:

Document the Discrimination

The first step is to gather evidence supporting the racial discrimination claim. Employees should:

• Keep a detailed record of discriminatory incidents, including dates, times, and locations.
• Save relevant emails, text messages, or written communications demonstrating discriminatory behavior.
• Identify witnesses who observed or experienced similar discriminatory treatment.

Proper documentation strengthens the claim and can be critical during an investigation or lawsuit.

Report the Discrimination Internally

Employees should report instances of racial discrimination to their employer, typically through the company’s human resources (HR) department. Filing a formal complaint in writing ensures that the complaint is recorded and allows the employer to address the issue.

If the employer fails to take corrective action or retaliates against the employee, the next step is to file a formal complaint with a government agency.

File a Complaint with the EEOC or DFEH

When internal complaints do not lead to a resolution, employees can file a formal complaint with either:

• Equal Employment Opportunity Commission (EEOC): Enforces federal anti-discrimination laws. Employees generally have 180 days to file a complaint, although this period may be extended to 300 days in states like California.
• California Department of Fair Employment and Housing (DFEH): Handles claims under FEHA and gives employees three years to file a complaint.

We recommend filing a complaint with both agencies when possible to ensure that all legal avenues are explored.

Participate in the Investigation

Once a complaint is filed, the EEOC or DFEH will investigate the allegations by:

• Reviewing relevant documentation and communications.
• Interviewing the employee, employer, and witnesses.
• Offering mediation to facilitate a resolution if appropriate.

If the investigation determines that discrimination occurred, the agency may issue a right-to-sue letter, allowing the employee to pursue legal action.

Pursue Legal Action

Employees may file a lawsuit in federal or state court if the case is unresolved through the EEOC or DFEH process. Legal remedies may include:

• Back Pay and Lost Wages: Compensation for earnings lost due to discrimination.
• Emotional Distress Damages: Compensation for psychological harm caused by discriminatory practices.
• Punitive Damages: In cases of extreme misconduct, punitive damages may be awarded to deter future violations.

Los Angeles employment lawyers play an essential role in helping clients navigate the complexities of legal action and ensuring that their cases are properly presented.

How We Can Help Protect Your Rights

At Azadian Law Group, PC, we have extensive experience representing employees in racial discrimination cases. Our experienced George Azadian provides comprehensive support by:

• Collecting and analyzing critical evidence.
• Negotiating with employers to seek fair settlements.
• Pursuing litigation aggressively when necessary to protect clients’ rights.

Working with a Los Angeles employment attorney increases the chances of obtaining favorable results and securing justice.

Conclusion

Filing a complaint for racial discrimination is a powerful step toward holding employers accountable and protecting employee rights. At Azadian Law Group, PC, we are dedicated to representing employees who experience unlawful discrimination. If you believe you have been a victim of racial discrimination, contact our experienced legal team today. Schedule a free consultation at 213-229-9031 to discuss your case and explore your legal options.