Filing a Racial Discrimination Claim
Have you been subject to discrimination at work because of your race? Watch this video to learn about filing a racial discrimination claim in California.
Question:
What should I do if I have been discriminated against at work because of my race?
Answer:
Since the 1960s, under federal law, it’s been unlawful to discriminate on the basis of race. In California, it’s been unlawful to discriminate based off race, and national origin, color. Unfortunately, in this day and age, it still happens. In fact, recently, I think there’s been an uptake in which discrimination based off race or national origin is all of a sudden okay rather than making a march forward that we thought we’d been making for 30, 40 years, 50 years. It seems recently we’ve been taking a step back.
If you
feel that you’ve been subject to race discrimination, are hearing terms that you know or that you believe are race-based, that people are targeting you because of who you are, or if you’re African-American and you’re being passed over positions in which other non-African-Americans are being promoted into, understand that for 50 years, that conduct’s been unlawful. It’s important for you to understand your rights and talk to a law firm about what rights you may have. If you have any questions about discrimination or retaliation in the workplace because of race or national origin, feel free to give us a call. We’re happy to answer any questions that you may have.
A racial-discrimination claim requires facts connecting an employment action or hostile environment to race, color, ancestry, national origin, or another protected basis. Preserve evidence before access to workplace systems ends.
Disparate Treatment and Harassment
Discrimination can involve hiring, assignments, discipline, pay, promotion, termination, or other terms of employment. Useful comparisons involve employees subject to the same standards, supervisors, and circumstances. Different treatment alone is not enough if the employer has a legitimate, consistently applied reason.
Harassment focuses on unwelcome conduct because of a protected characteristic that is severe or pervasive enough under the governing standard. Slurs and explicit comments are strong evidence, but coded language, repeated stereotypes, exclusion, and unequal enforcement can also provide context. Record the words, speaker, witnesses, date, and management response.
Internal Reports and Retaliation
If safe, use the employer’s complaint process and describe both the conduct and protected basis. Keep a copy outside employer systems. Participation in an investigation and opposition to reasonably believed discrimination can be protected from retaliation. Timing can support an inference, but decision-maker knowledge, shifting explanations, and comparative evidence remain important.
CRD and EEOC Procedures
California FEHA claims generally begin with the California Civil Rights Department. Intake is generally due within three years of the alleged act, and a civil action is generally due within one year after a right-to-sue notice. Federal claims may require an EEOC charge, generally within 300 days in California, followed by a federal lawsuit generally within 90 days after receipt of an EEOC right-to-sue notice. Other claims can have different deadlines.
Evidence Checklist
- Complaints, investigation notices, and witness contacts.
- Reviews, discipline, schedules, assignments, pay, and promotion records.
- Messages, meeting notes, and exact discriminatory statements.
- Comparator facts obtained lawfully.
- A dated chronology of reports and adverse actions.
Common Questions
Must I complain to HR first?
Not every claim requires an HR complaint, but reporting can allow correction and create evidence. Safety, futility, and the identity of the harasser can affect the decision.
What remedies are possible?
Depending on proof, relief may include lost wages, reinstatement or front pay, emotional-distress damages, fees, and sometimes punitive damages. Results are case-specific.
See our California racial discrimination lawyers page and the CRD’s official employment resources.
Race, Color, Ancestry, and National Origin
These protections overlap but are not identical. A comment about skin tone, surname, accent, birthplace, culture, language, or perceived ethnicity can help identify the basis of conduct. Record the exact words rather than replacing them with a general label.
Policies may also have an unequal effect on a protected group even without an explicit slur. Statistical or workforce evidence can be relevant, but a disparity alone does not resolve business necessity or causation. Individual disparate-treatment, hostile-environment, retaliation, and pay-equity theories should be separated so each is supported by the right facts.
After Employment Ends
Download personal pay stubs and benefits records lawfully, preserve contact information, and request the stated reason for termination. Do not access systems after authorization ends.
Keep all agency notices and deadline records.
Are you or a loved one in the process of filing an employment claim in California and have questions about filing a racial discrimination claim? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
We can help get your life back on track.
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