Race or ethnic discrimination in the workplace can have a devastating emotion and psychological impact on its victims. That is why, at the Azadian Law Group, PC, we want to help when you need a race discrimination attorney in Newport Beach, CA. You can count on our qualified and experienced team to be by your side. We will investigate what happened so we can secure the compensation you deserve. Nobody should have to deal with this type of discrimination.
When we talk about racial discrimination in the workplace, we should start with the definition provided by the US Equal Employment Opportunity Commission:
We want to make it clear that it is illegal to discriminate against someone based on race when it comes to employment (including hiring, firing, job assignments, pay, promotions, layoff, training, fringe benefits, or any other terms of employment).
Discrimination based on a person’s natural origin is also illegal, and an employer cannot discriminate based on a person’s citizenship or immigration status if that person is legally allowed to work in the US.
Charges based on race are continually among the most commonly dealt with for the EEOC and state regulators.
We also know that, in many cases, instances of alleged racial discrimination are not thoroughly investigated and that many cases go unreported. Many people are afraid of reporting instances of racial discrimination in the workplace out of fear of losing their jobs or facing backlash from supervisors or their fellow coworkers.
The following examples of workplace racial discrimination will help you better understand what types of behaviors and policies an employer might illegally engage in when discriminating against workers based on their race:
Additionally, employers are required to monitor their workplaces for race-based harassment. Even if a boss isn’t directly participating in harassment, they have a duty to put a stop to it when they become aware that it’s happening. For example, your boss shouldn’t allow you to be subject to racial slurs or jokes.
File a complaint with HR if you’ve been the victim of racial harassment in the workplace. Inform your supervisor of the problem as well.
HR and your boss might not remedy the issue to your satisfaction. There’s a good chance you’ll need to address the matter with the help of a qualified Newport Beach racial discrimination attorney.
However, it’s still important to file a formal complaint. Doing so can establish that the problem was serious enough to concern you before you proceeded to take legal action.
In legal contexts, we often separate workplace racial discrimination into two general categories: disparate treatment and disparate impact.
Disparate treatment racial discrimination tends to be the more overt form. It occurs when an employee is treated differently because of their race. However, there are instances when racial discrimination can occur even if an employer didn’t intend to actively discriminate against certain workers.
This form of racial discrimination, known as disparate impact discrimination, was first identified in the Supreme Court case of Griggs v. Duke Power Co. This case involved Black workers at Duke Power’s Dan River Steam Station in North Carolina attempting to address a company policy that interfered with their ability to increase their earning potential.
The company required workers to meet certain requirements, such as having a high school diploma, to work in a department other than the Labor department, where the highest-paying job still paid less than the lowest-paying job in any other department. At this time in history, it was uncommon for Black workers at the company to have high school diplomas.
Their argument was that these requirements were unfair because they weren’t truly relevant to a worker’s ability to do their job. Many of the roles outside of the Labor department could theoretically be filled by someone without a high school education. Thus, such requirements served no legitimate business purpose but did unfairly disadvantage Black workers.
The Supreme Court agreed, establishing an important precedent. Unfortunately, disparate impact racial discrimination still occurs to this day. Review your case with a Newport beach racial discrimination lawyer if you believe you’ve been a victim of such discrimination.
We know that you never expected to be in this position. However, if you have been discriminated against in the workplace, please seek legal assistance now. At the Azadian Law Group, PC, our team will be dedicated to bringing a successful resolution to your case. We want to ensure that you are compensated for what has happened to you. This can include:
Our firm will never charge you out-of-pocket costs, and we work on contingency, meaning we only get paid if your case is successful. If you need a Newport Beach race discrimination lawyer, you can contact us for a free consultation by clicking here or calling us at 949-662-5405.