Everyone deserves to be treated fairly in the workplace. Most employers understand the value of treating their employees with dignity and respect. There are a few, however, who do not value this principle and allow racial bigotry and prejudice to thrive in their organizations. When an organization fails to act against racial discrimination, it is in contravention of the law.
Federal law and the laws of California prohibit racial discrimination in the workplace. Title VII of the 1965 Civil Rights Act has been in effect for over fifty years. This statute enjoins employers to take direct action to enforce laws against race prejudice. If you have experienced racial discrimination in the workplace and your employer has failed to act, then you should contact an employment attorney Newport Beach.
What Constitutes Racial Discrimination in the Workplace?
Race discrimination consists of any decision or system of policies that disproportionately affect members of a particular racial or ethnic group. One of the most important things to keep in mind about racism in the workplace is that it need not be intentional. In fact, most racism does not come in the form of slurs, crude remarks, or explicit policies aimed at harming and holding back a specific group of people. Most racism is the result of designing policies that have the effect of privileging one group over another because no effort was made to determine whether there would be such a result.
Federal and state law forbids discrimination—intentional or unintentional—in hiring, firing, promoting, compensating, training, and disciplining employees. If you are a racial minority who has been singled out for unfair treatment, that is called disparate treatment. If a company policy negatively affects you and others of your race, then you have become the victim of what is called disparate impact.
Why It Can Be Hard to Make a Complaint
Like everyone else, you want to get on with the job that you have been hired to do. You believe that you have been hired because of your skills, knowledge, and talent. The last thing you want to do is spend time and energy dealing with racism. However, if you have been on the receiving end of it, you must act. It can be demoralizing and soul-destroying to see people get promoted and receive preferential treatment because they are white. It can be a great distraction and a drain on productivity to be constantly singled out for criticism and censure because you are black.
Your first instinct may be to resolve the problem informally. And it may be possible to do this if you can find a colleague or supervisor who can help you. But if you are uncomfortable going this route, if you believe it will only stir up more trouble, then you should make a formal complaint about what is going on in the workplace.
After you have done so, your employer is required to launch a full investigation and get the matter resolved. If they fail to do so, then you will need to hire an employment attorney Newport Beach.
Why Race Discrimination Matters
Working in an organization that devalues you as a human being is unjust and impractical. You cannot put your full effort into a job if you do not feel as though you are being treated in a fair and just way. If your employer continues to promote white employees to managerial positions, requires only people of color to undergo drug tests when applying for a job, or will not allow black women to deal with clients because they don’t like their “ethnic” hairstyle, then they are acting illegally and you should not have to take it.
Nor should you work in an organization that establishes policies that negatively affect certain racial groups. For example, no employer should have a policy requiring that all men be clean shaven. This discriminates against African-American men, many of whom have a skin condition that makes shaving painful. A ban on hiring applicants with an arrest or conviction record is also discriminatory against Latino and African-American men.
Over-the-top and unwarranted harassment is also illegal. Some people are malicious and sadistic enough to do this sort of thing because they know how distracting and enervating it can be. It is impossible to concentrate and do your best work if you are being constantly harassed and bullied. If you suspect that this is being done because you are a person of color, you may have a case against your employer.
Taking Action Against Racial Discrimination
If you have filed a formal complaint because of the way that you have been treated or on behalf of all people of color who have been disparately impacted by a new policy, your employer must respond. If they do not, then you should take legal action. You do need a lawyer after experiencing racism in the workplace.
Newport Beach racial discrimination lawyers know how to deal with such cases. They will sit down with you and ask you to recall exactly what has taken place in your job. Discussing such matters can be emotionally taxing and Newport Beach racial discrimination lawyers will relate to you in a way that is sensitive to that.
Before any specific legal action can be taken, you will need to submit a complaint to the Equal Employment Opportunity Commission (EEOC). This is done online. Your attorney will help you fill out the form. After the EEOC receives your complaint, they are required to investigate it. If their report vindicates your version of events, they will send you documents that you can use in a lawsuit.
After this phase is completed, the racial profiling lawyers Newport Beach you hired will be able to formulate a legal strategy and start building a case. The racial profiling lawyers Newport Beach you hired will investigate your employer. They will interview employees, depose managers, and subpoena documents.
The work discrimination lawyer based on race that you hired will be your advocate. Your work discrimination lawyer based on race will help you get the compensation and resolution you seek. You need a lawyer after experiencing racism in the workplace, and you should hire one with the right expertise.