Though many people would like to believe otherwise, racist behavior still occurs even after the civil rights movement. People of color face race discrimination in many different contexts, much of which goes uncorrected and unchecked.
Racist behavior is illegal and unacceptable in any context, but it is especially deplorable in the workplace. Discrimination can make it impossible for an individual to do their job and ultimately jeopardize their ability to provide for their family. Fortunately, you have the right to take legal action if racial discrimination happens to you.
With the help of an employment lawyer in San Diego, CA, you can take steps to receive compensation for what you have endured. Though a settlement cannot undo the prejudice you have experienced, it can help to support your family and prevent the same actions from happening to others.
With over 40 years of experience, our team has the training and resources to fight racial discrimination cases of all kinds. We have seen many types of employment discrimination cases, all of which have given us unique insight into the laws and procedures surrounding these claims. Throughout our years in business, we have steadfastly believed that all employees deserve to be treated fairly, equally, and with respect. If you have been mistreated, we want to fight for your rights.
Though we are tenacious about fighting racial employment discrimination, we know that these cases are exceptionally sensitive. Mistreatment because of race can make victims feel vulnerable and helpless, among other difficult feelings. We aim to provide compassionate, empathetic legal counsel that makes our clients feel safe and protected.
Our team has the experience and passion to fight your racial discrimination claim. You can trust The Law Office of Frank S. Clowney III during this difficult time.
Racial discrimination is prejudiced or biased treatment because of someone’s race. Racial protections cover discrimination based on national origin, ethnicity, skin color, and culture. In an employment setting, discrimination can appear in many ways. Common examples include:
This is not an exhaustive list of the ways that racial discrimination may appear in the workplace. If you have experienced mistreatment of any kind because of your race, you have the right to create a discrimination claim against your employer or the offending party.
Most employers know that racial discrimination is wrong, so when this kind of treatment occurs, the offender often tries to be covert with their actions. This makes it difficult to build a case when evidence is scarce and the offender has alienated you specifically. A San Diego employment lawyer can help you to amass the proper evidence to build your claim.
The challenges do not end once you have your evidence. Fighting these cases is difficult, as the court requires an airtight argument against the defense to convict them. The most effective way to build a strong case is by hiring a qualified San Diego discrimination attorney to help you.
Unfortunately, racial discrimination claims require victims to relive their experiences and talk about them at length. Even if you do not have to testify, you will have to hear arguments about what happened and whether the actions that hurt you were strong enough to constitute a settlement. This can be discouraging and emotionally difficult for victims. Allowing an attorney to represent you ensures that your argument remains strong, regardless of what emotions you may experience.
Many instances of racial discrimination go unreported because victims are afraid of punitive action from their employers. It is important to understand that retaliation of any kind is prohibited by United States law. Even if you do not win your claim, your employer cannot take retaliatory action against you for reporting discrimination.
If your employer begins to treat you differently or fires or demotes you after your claim, you have the right to take further legal action. Having a qualified San Diego racial discrimination lawyer ensures that you have on-hand representation if retaliation does occur.
Some racial discrimination is ongoing, while other instances happen only once. Regardless of your situation, it is important to take steps to preserve your claim if you experience racial discrimination at work. These steps give you a stronger chance of receiving compensation for what happened to you.
Your priority is to retain all documents associated with the event. If you have been fired, passed over for a job, or demoted, keep all the paperwork that your employer gives you. Ask human resources for a copy of your file as well. Print and keep copies of all correspondence as evidence of what happened if you experience other kinds of racist action via email, text, memos, or other written forms of communication. If the event happened in person, take diligent notes about what you experienced so that you do not forget anything.
Your next step is to take note of anyone who may have witnessed the event. If you were in a meeting or common area, note the names of anyone who was there. It can also be helpful to report the event to human resources so that there is an official report of what occurred.
If your HR department does not take definitive action, or you do not feel as though the matter was resolved, you need to contact a San Diego attorney right away. Human resources, while intended to advocate for employees, is still a corporate department. They may try to bury the event to avoid litigation, which is not to your benefit and may harm your chances of winning your claim.
You can file a complaint with the California Department of Fair Employment and Housing (DFEH). However, it is likely that this will not fully resolve the issue. When you work with an attorney, we can help you to file this complaint as well as begin to build a legal case in your favor. This combination of actions offers you the most comprehensive protection against further discrimination and increases the likelihood that you will see results.
Employers cannot discriminate against employees for any protected traits. Protected traits include:
If an employer treats an employee negatively because of one of the above traits, the employee has grounds to take legal action. An employer cannot retaliate against an employee for reporting or acting against a legitimate concern of discrimination, regardless of the outcome of the claim.
Discrimination is unlawful in every scenario. However, an employer can especially not hire, fire, demote, fail to hire, fail to promote, exclude, mock, or tease an employee for a protected classification. All these actions can affect a person’s employment or can make their employment uncomfortable or undesirable. Discrimination can also come from fellow employees, vendors, and other parties in the workplace. However, employer discrimination has the highest potential to affect a person’s job.
The statute of limitations for most discrimination cases is three years. However, some circumstances may change the length of time you have to file a complaint. In all circumstances, it is ideal to speak with an attorney as soon as possible. We can help you to decide on a timeline that will be most effective in your case. We can also begin to build your case if you have enough evidence to do so.
Most discrimination lawyers take between 30% and 40% of the settlement that you receive. However, some attorneys do not operate this way. Many attorneys charge hourly, while others have different unique fee structures. Always speak with your San Diego racial discrimination lawyer about their charges before you begin to work with them to ensure that you can afford their services for the duration of your claim.
Our team has many years of experience fighting employment discrimination. If you have been treated differently in the workplace because of your race, you have the right to act. We are here to help you through every step of the process and provide reliable information for you and your family.
For more information or to schedule a consultation, contact The Law Office of Frank S. Clowney III.