What is Racial and Ethnic Discrimination?
Racial discrimination in the workplace can come in many forms, some subtle and some more obvious. A not so obvious example would be an employer's failure to hire or promote an individual based on their race.
A more obvious example, would be in an interview by a potential employer asking the the prospective employee's race. Racial discrimination is strictly prohibited by a number of federal and state laws.
Workplace Discrimination
California, protected classes include race, color, national origin, religion, age, disability, sex and sexual orientation.
There are two different types of discrimination, disparate treatment and disparate impact:
Disparate Treatment - Disparate treatment means simple discrimination. This is treating a person differently because of a protected class, like sex or race. Slurs, offensive "jokes" and comments, or other actions against people in protected classes unlawful discrimination if the conduct creates an intimidating, hostile, or offensive working environment, or interferes with work performance.
Disparate Impact - Disparate impact is where a company policy excludes certain individuals from the job or from promotions. For example, a company required all new hires to have high school diplomas, even for janitor positions. African Americans in the company's geographic area had far less education than whites and were far less likely to have high school diplomas. Since a high school diploma had nothing to do with holding a janitor's job, and the company's policy excluded many blacks, this was considered disparate treatment.
Whistle Blowing and Termination & Demotion Based in Contravention
of Public Policy
The law will not allow employers to terminate, demote or harass their employees for certain reasons, such as race, color, national origin, religion, age, disability, pregnancy, sex and sexual orientation. People who have suffered for these reasons have a remedy in the courts and should contact an attorney such as myself.
Along the same lines, the law protects "whistle blowers." Whistle blowing is when an employee informs government or law-enforcement agency that their employer is breaking the law. An employer cannot retaliate against an employee for whistle blowing.
Employers Cannot Permit Retaliation Against Employees Who Complain About Racial Discrimination
As in sexual harassment law, employers have a duty to prevent race discrimination in the workplace, and they must permit employees to seek management's helping preventing it. Employees are protected from retaliation if they complain about racial harassment or discrimination. Employers cannot punish employees directly or indirectly for making complaints, assisting or opposing any prohibited practices such as sexual harassment and racial discrimination. If an employer does retaliate, an employee has grounds for a lawsuit.
Remedies
Employees who are subject to unlawful termination and harassment may be able to recover the following:
• Past lost wages and other benefits
• Future lost wages and benefits
• General damages - This includes emotional distress and pain and suffering
• Punitive damages
• Attorneys fees
Unlawful Termination
Trust employment lawyer Matthew A. Kaufman to protect your rights in employment issues like unlawful termination and racial discrimination. Class action lawsuits involve illegal practices or policies that have affected a number of employees at your workplace. When you call the Kaufman Law Firm, you'll receive the services of a lawyer qualified to represent you in state court and U.S. District Court.
About The Kaufman Law Firm
litigating on behalf of thousands of employees
The Kaufman Law Firm is a California employment law firm that's dedicated to representing employees in disputes against their employers to do with racial discrimination. Matthew A. Kaufman is an experienced labor lawyer in Los Angeles and has had numerous trials, arbitrations, and appeals, and has litigated on behalf of thousands of employees. He's recovered millions of dollars on behalf of clients in more than 100 class action lawsuits.
Mr. Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. A determined and aggressive attorney, his cases include individual disputes and class action lawsuits. The law firm is based in Sherman Oaks, California and serves greater Los Angeles, Orange County, Ventura County and has cases statewide.
If you need experienced representation by an employment lawyer who will fight passionately for your rights, please contact Mr. Kaufman at 818-990-1999 or Email Here.
|
