Examples of Racial Discrimination at Work in California

Racial discrimination is a concern in some workplaces, and it can leave victims wondering what to do and if justice is available. Fortunately, racial discrimination is against California law, and employers should be held responsible when it happens in the workplace. Knowing examples of racial discrimination at work in California can help you recognize whether you are being discriminated against and what actions to take moving forward.

Racial Discrimination in California

The Civil Rights Department in California found the following staggering statistics regarding race in the workplace:

• Despite making up fewer than one-third of the workforce (31%), white employees were significantly more likely to be senior managers or executives (59%).
• Likewise, only one out of every 25 Latinos and only one out of ten Black and Native American employees held high-paying jobs that paid $144,560 or more.
• Among workers of the same race and ethnicity, those who earned $32,239 or less were more likely to be Black (41%), Latino (41%), and Native American (39%).

Despite these numbers, the California Fair Employment and Housing Act (FEHA) forbids employers with five or more employees from discriminating against employees based on race. This includes unequal pay, harassment, and wrongful termination. When an employee is discriminated against, they have avenues available to report the mistreatment and hold employers accountable.

Examples of Racial Discrimination at Work

Racial discrimination can take many forms. Many employers and employees know that it is against the law to discriminate, so certain forms may not be as obvious as others. Some examples of racial discrimination include:

• Rejecting a candidate based on the name on their application, their accent, or their appearance.
• Paying people of color lower wages for the same job than their white counterparts.
• Disproportionately reprimanding people of one race for actions that others did not receive a reprimand for.
• Denying a group of people promotions, raises, training, or other opportunities but offering them to another group.
• Initiating or allowing racial jokes, slurs, comments, or stereotypes that create a hostile work environment.
• Segregating a minority group by giving them less favorable jobs and hours.

Real-Life Racial Discrimination Examples

Racial discrimination is, unfortunately, not new. However, when it happens in the workplace, employees can seek justice to be compensated for their damages. Some real-world examples of racial discrimination cases include:

• Tesla Fremont Factory claim. A number of claims have been filed against Tesla, claiming that the company’s Fremont facility engaged in racial discrimination. In one instance, a Black former employee named Owen Diaz received $137 million after he was subjected to racist taunts and other acts on a daily basis, which Tesla apparently disregarded.
• City of Oakland. In order to resolve Candace Reese Walters’s harassment and discrimination case, the City of Oakland agreed to pay her $1 million. Following her accusations, Reese Walters accused her supervisor of retaliatory termination, gender and racial discrimination, and repeated unwanted sexual advances.

How Employers Can Help Prevent Racial Discrimination

While an employer is not always the immediate perpetrator of racial discrimination, they do have a duty to try to prevent it before it arises and stop it when it does. Employers provide employees with state-mandated anti-bias training sessions to help prevent discrimination in the workplace.

Employers should have clear and trusted channels that employees can use to report instances of discrimination. They should also be able to do so anonymously if they are more comfortable with this route.

Employers should make efforts to eliminate bias and promote inclusive hiring in the recruitment and interview process. Additionally, being transparent in their data, such as pay, promotion rates, demographics, and disciplinary actions by race, can help promote trust in the company.

How Bystanders Can Help

Even if you are not the direct victim of racial discrimination in the workplace in California, you can still help if you witness unlawful discrimination. Silence often allows bias and discrimination to continue, so speaking up is the first step in ending injustice. If you witness discriminatory remarks, exclusionary behavior, or otherwise unjust treatment, you can report it to your employer’s HR department.

You can also inform the perpetrator of their inappropriate behavior if you are comfortable doing so. Sometimes, just calling out the behavior is enough to stop it.

Additionally, you can help the victim by assisting with documenting the incident, encouraging others to report the actions, and supporting those who have been affected through the process. A helpful step may be to go to your employer and request sensitivity training, diversity, and transparency.

FAQs

Q: What Is an Example of Racial Discrimination at Work?

A: An example of racial discrimination at work could be an employer refusing to promote a person based on their race, despite being qualified for the promotion. Another example would be a recruiter refusing to interview a candidate based on their name and making assumptions about them and their abilities because of it.

Q: What Is Considered Discrimination in the Workplace in California?

A: Discrimination in the workplace in California is any unfair, unjust, or illegal treatment of a person or group of people based on a protected characteristic. These characteristics include race, religion, gender, sexual orientation, age, pregnancy, and veteran status, to name a few. Discrimination in the workplace is illegal, and those subjected to it may have legal options to seek compensation.

Q: How Do I Prove Racial Discrimination at Work?

A: To prove racial discrimination at work, you should document the incident thoroughly. Report the incident to your employer’s HR department, and be sure to do so in writing so there is proof that your employer was informed of the discrimination. Collect evidence such as text messages, emails, witness statements, and video footage if you have it.

Q: What Is an Example of Racial Bias in the Workplace?

A: An example of racial bias in the workplace includes when a manager assumes that one group of people, such as Latinos, are incapable of performing a certain work task, so he does not consider them for leadership roles despite being qualified. Even if this is unintentional, it creates a negative work environment and violates California laws.

Contact The Law Office of Frank S. Clowney III Today

If you or someone you know has been subjected to racial discrimination in the workplace, justice is available to you. Contact us today to begin holding the liable party responsible and seeking the justice you deserve.