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Racial Discrimination in the Workplace in California
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Types of Harassment and Discrimination
in California |
There are many different types of harassment and discrimination.
In California, there are laws protecting employees on their race,
color, national origin, religion, age, disability, pregnancy,
sex and sexual orientation. Further, employers cannot terminate
employees for certain public policy reasons. Workplace harassment
and racial discrimination can result in wrongful termination,
hostile work environment, and demotion.
The following is based
on California Labor Laws:
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California Employment Discrimination
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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.
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Whistle Blowing and Termination & Demotion
Based in Contravention
of Public Policy |
The law will 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.
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.
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Employers Cannot Permit Retaliation
Against Employees Who Complain About Racial Discrimination |
As in sexual harassment law, employers have a duty to prevent racial
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.
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Racial Workplace Discrimination Remedies for
Employees |
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
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California Unlawful Termination :: Class
Action Practice |
Trust Harris & 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 Harris & Kaufman,
you'll receive the services of a California lawyer qualified to represent
you in state court and U.S. District Court.
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California Racial Discrimination
Lawyers Harris & Kaufman Can Help |
Harris & Kaufman is a Los Angeles area law firm that's dedicated
to representing employees in disputes against their employers to
do with racial discrimination in the workplace. Our lawyers can
assist you if you believe that your employer has broken the California
Labor Laws.
Our employment attorneys are experienced and have had numerous trials, arbitrations, and appeals and have litigated on behalf of thousands of employees.
Harris & Kaufman has represented workers in state and federal court and in administrative proceedings before the California Labor Commissioner. Determined and aggressive, our cases include individual disputes and class action lawsuits.
We can assist you with a wide variety of workplace disputes to do with the California harassment laws. We are aggressive and experienced lawyers and can help enforce your rights under California state law or state regulations. Based in Sherman Oaks, California we serve greater Los Angeles, Orange County, Ventura County and have cases statewide.
Think you have a claim? Email
Here
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