Fresno Racial Discrimination Lawyers

Protecting Your Rights in the Central Valley

California law prohibits employers from making employment decisions based on an employee or job applicant’s race or ethnicity. This means that employers cannot engage in discriminatory practices when hiring, promoting, terminating, and/or making other employment decisions.

Despite these laws, racial discrimination remains a significant problem in Fresno and the surrounding areas. If you believe that you have been the victim of racial discrimination, it’s important that you take immediate steps to protect your rights. The attorneys at Webber & Egbert Employment Law can help.

Give us a call at (559) 254-4127 or contact us online to request a free, confidential, consultation.

What Is Racial Discrimination?

Racial discrimination occurs when an employer makes an employment decision based on an employee or job applicant’s race, skin color, or other racial or ethnic characteristic. This includes making decisions based on stereotypes or assumptions about a person’s race.

Examples of racial discrimination in the workplace include:

• Refusing to hire or promote an employee based on their race
• Demoting or terminating an employee based on their race
• Assigning employees to certain positions or tasks based on their race
• Compensating employees differently based on their race
• Refusing to provide employee benefits, such as health insurance, to employees of a certain race
• Refusing to provide reasonable accommodations to employees of a certain race
• Subjecting employees to racial slurs, jokes, or other forms of harassment
• Creating a hostile work environment based on an employee’s race

Legal Protections Against Racial Discrimination

Racial discrimination in the workplace is illegal under both federal and state laws. Employees are protected from discrimination based on race, skin color, or ethnicity when it comes to hiring, firing, promotions, pay, job assignments, and other employment decisions. Key legal protections include:

• Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on race, color, religion, sex, or national origin. It applies to employers with 15 or more employees.
• California Fair Employment and Housing Act (FEHA): In California, FEHA offers broader protections than federal law, covering employers with five or more employees. It prohibits discrimination based on race, color, national origin, and other protected categories.

These laws protect various characteristics of an individual, including:

• Race and Ethnicity: Employees cannot be treated differently due to their racial background or ethnic heritage.
• Color: Protection from discrimination based on the color of one's skin.
• National Origin: Discrimination based on the country or region a person is from is also illegal.

These laws apply to all types of employees, including those in private, public, and government sectors, as well as applicants for jobs.

How to Recognize Racial Discrimination in the Workplace

Racial discrimination can be subtle and may not always be obvious. Common signs of racial discrimination include:

• Microaggressions: These are subtle, often unintentional, discriminatory comments or actions, such as making assumptions about someone's background based on their race.
• Biased Performance Evaluations: When an employee receives poor evaluations based on their race or ethnicity, rather than their actual work performance.
• Unequal Career Advancement: Employees from certain racial backgrounds may be passed over for promotions or opportunities that others receive based on their abilities and qualifications.

Recognizing discrimination means paying attention to both overt and covert actions that may hinder your career advancement or contribute to a hostile work environment. These forms of discrimination can sometimes be difficult to spot, but documenting incidents can provide a clearer picture.

Steps to Take if You Experience Racial Discrimination

If you believe you're experiencing racial discrimination, it's important to act promptly. Here’s what you can do:

• Document Incidents: Keep a record of any discriminatory behavior or actions. This could include notes about what was said, who was involved, dates, times, and any witnesses.
• Report the Discrimination: Report the issue to your supervisor or HR department as soon as possible. Many companies have policies in place for handling discrimination complaints.
• Seek Legal Counsel: If your employer does not take appropriate action or the discrimination continues, contact an experienced employment lawyer. They can guide you on your legal options and help you take further steps.

Preserving evidence is crucial. Keep copies of any emails, texts, or other written communications related to the discrimination, as these can strengthen your case.

What Is a Hostile Work Environment?

A hostile work environment is one where discriminatory behavior is so severe or pervasive that it interferes with an employee’s ability to perform their job. This can be caused by racial slurs, jokes, offensive comments, or exclusionary behavior based on race.

Examples include:

• Racial Slurs or Offensive Jokes: Employees may be subjected to hurtful or derogatory comments based on their racial identity.
• Exclusionary Behavior: This might include being excluded from meetings, training, or social activities due to race.
• Harassment: Repeated or severe discriminatory behavior creates an intimidating or oppressive work environment.

Employees subjected to a hostile work environment can take legal action. It's essential to report such behavior to HR and document everything, as these actions violate both federal and state anti-discrimination laws. Legal steps could include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH).

How Our Firm Can Help

If you have been the victim of racial discrimination, you may be entitled to take legal action against your employer. Our attorneys can help you understand your rights and your legal options. If you choose to take legal action, we can help you build a strong case and fight for the compensation you are owed.

Our lawyers have extensive experience handling racial discrimination claims and are committed to protecting the rights of employees in Fresno and the surrounding areas. We understand that racial discrimination can have a significant impact on your life, and we are here to provide the compassionate legal guidance and aggressive representation you need.

Frequently Asked Questions (FAQs)

• What should I do if I suspect I’m a victim of racial discrimination at work?
  If you believe you are experiencing racial discrimination, it’s important to act quickly. Start by documenting all incidents of discrimination, including dates, times, locations, and any witnesses. Report the issue to your employer’s HR department, and consider contacting an experienced employment lawyer to discuss your legal options.
• How can I prove racial discrimination?
  Proving racial discrimination can be challenging, but keeping detailed records is essential. Document any discriminatory behavior or actions, such as inappropriate comments, biased performance evaluations, or exclusionary behavior. Emails, texts, and other written communications can serve as valuable evidence to support your case.
• Is racial discrimination only about overt actions, like racial slurs?
  No, racial discrimination can also include more subtle forms such as microaggressions, biased evaluations, or unequal opportunities for career advancement. Both overt and covert actions can create an unfair work environment.
• What are my legal protections against racial discrimination in the workplace?
  Under federal law, Title VII of the Civil Rights Act of 1964 prohibits racial discrimination in employment. California law, under the Fair Employment and Housing Act (FEHA), offers additional protections. These laws prevent discrimination in hiring, firing, promotions, pay, and other job-related decisions based on race, color, and national origin.
• How do I know if my workplace is considered a hostile work environment?
  A hostile work environment exists when discriminatory actions or harassment based on race are so severe that they interfere with your ability to do your job. Examples include racial slurs, offensive jokes, or being excluded from workplace activities because of your race.
• Can I take legal action if I face racial discrimination at work?
  Yes, if you experience racial discrimination, you have the right to take legal action. This could involve filing a complaint with the Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing (DFEH). Consulting with an experienced attorney can help you navigate the legal process and protect your rights.

Schedule a Free, Confidential, Consultation Today

If you have been the victim of racial discrimination, we can help. Our attorneys are committed to providing unparalleled legal services to help you secure a favorable outcome for your case.

Our office is conveniently located at 8050 N. Palm Avenue, Fresno, California 93711. We are available to meet with clients throughout California’s Central Valley. We offer evening and weekend appointments, as well as virtual consultations, for your convenience.

To speak with an intake specialist at Webber & Egbert Employment Law, please call (559) 254-4127 or contact us online today.