Racial discrimination in the workplace is unlawful, regardless of whether it is open and obvious or more subtle and discreet. No one should be denied his or her right to make a living because of race. If you believe you have been the victim of racial discrimination, contact me, employment attorney, Matthew A. Kaufman. I help people overcome unlawful racial discrimination in the workplace. With offices in Westlake Village and Los Angeles, I represent clients throughout the San Fernando Valley and West L.A.
Both state and federal laws strictly prohibit employment discrimination based on race, ethnicity and national origin in addition to other protected classes. Having litigated thousands of employment cases, I have the skills and experience to help individuals protect their rights against racial discrimination stemming from:
Understanding examples of racial discrimination in the workplace that qualify as examples of disaprate treatment is fairly easy. Most can discern when someone is the target of hostile behavior due to their race.
Understanding what constitutes disparate impact can be more challenging for some. The idea of discrimination in the form of disprate impact originates from the Supreme Court case of Griggs v. Duke Power Co. This case involved Duke Power’s Dan River Steam Station in North Carolina, which had instituted policies in the 1950s that prevented Black employees from easily transferring to higher paying departments within the company.
For example, although possessing a high school education would not positively or negatively impact an employee’s ability to perform certain tasks in the departments where jobs paid more, the company still required employees to have a high school diploma in order to work in any department besides Labor, the lowest-paying department where Black employees tended to work because many did not have high school diplomas at the time.
The Supreme Court eventually stated Title VII “proscribes not only overt discrimination but also practices that are fair in form, but discriminatory in operation. The touchstone is business necessity. . . . [G]ood intent or absence of discriminatory intent does not redeem employment procedures or testing mechanisms that operate as ‘built-in headwinds’ for minority groups and are unrelated to measuring job capability.”
The Supreme Court’s decisions follows with “On the record before us, neither the high school completion requirement nor the general intelligence test is shown to bear a demonstrable relationship to successful performance of the jobs for which it was used. Both were adopted, as the Court of Appeals noted, without meaningful study of their relationship to job performance ability.”
Essentially, disparate treatment is almost always intentional in nature. Disparate impact may be unintentional, but that does not mean it does constitute a form of workplace racial discrimination. If a policy has a negative impact on employees of a certain race and it does not serve a business necessity, it is an unfair and unjust policy.
Proving that a company policy qualifies as an example of racial discrimination in its disparate impact form can be particular challenging. This is not to say a victim shouldn’t take legal action if they have genuine reason to believe they have been treated unfairly or prevented from thriving in their job due to their racial identity.
Instead, it highlights the importance of coordinating with the experts at a Westlake Village racial discrimination law firm when bringing a case against an employer. You need assistance from experienced professionals who understand the nuances of both Federal and California laws regarding workplace racial discrimination. We will review your case thoroughly and provide all the information you need to better understand what your legal options may be. Should you decide to hire us, our Westlake Village racial discrimination attorneys will also conduct a thorough investigation and gather the evidence needed to optimize your chances of seeing justice served.
Employees who have experienced racial discrimination or suffered adverse actions, such as demotion or unlawful termination for reporting racial injustices, have the right to file employment claims. I offer the skilled legal support needed to do so. I can review your case in detail and take the appropriate steps to remedy your situation. This could mean bringing the case before the appropriate California labor boards or filing a claim in state or federal court.
I have protected employees’ rights since 1993. In my career, I have recovered millions for disenfranchised employees in Los Angeles, Ventura and throughout California. Learn more about my firm’s results or give me a call to learn more.
Your job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our Westlake Village or Los Angeles law office today and schedule an initial consultation to discuss your case.