The workplace should be a professional environment built on fairness and opportunity. Unfortunately, discrimination based on race, skin color, or ancestry still occurs in many workplaces. If you believe you are being treated unfairly because of your race, speaking with a San Francisco racial discrimination attorney can help you understand your rights and what steps may be available under California law.
California’s Legal Protections
In California, the Fair Employment and Housing Act (FEHA) primarily addresses workplace discrimination. This law generally provides broader protections than federal laws, such as Title VII of the Civil Rights Act. FEHA prohibits employers from discriminating against employees based on race, color, ancestry, national origin, and other protected characteristics.
The law applies to nearly every stage of employment, including hiring, job assignments, promotions, compensation, discipline, and termination. Employers must also take reasonable steps to prevent workplace discrimination.
Forms of Racial Discrimination
According to the Center for Workplace Compliance (CWC), over 34% of discrimination claims filed with the Equal Employment Opportunity Commission (EEOC) are for race discrimination. This discrimination usually appears in two general forms:
- Disparate treatment: This occurs when an employee is intentionally treated less favorably because of their race. For example, an employer may promote a less qualified employee while passing over another candidate due to racial bias.
- Disparate impact: This occurs when a policy that appears neutral has a disproportionate negative effect on employees of a particular race.
Both forms of discrimination may violate California employment law.
Recognizing Signs of Workplace Discrimination
Racial discrimination is not always obvious. Sometimes, it involves clear statements or offensive comments. Other times, the problem shows up as patterns of unfair treatment. Examples of conduct that may raise concerns include:
- Being passed over for promotions despite strong qualifications
- Receiving unequal pay for similar work
- Facing harsher discipline than coworkers for similar conduct
- Being subjected to racial jokes, slurs, or offensive remarks
- Losing job opportunities after raising concerns about discrimination
If these types of patterns appear in your workplace, you should take steps to protect yourself.
Document What Is Happening
Written records can be useful as proof if a claim arises later. You might want to keep a private log that has:
- Dates and descriptions of incidents
- Names of individuals involved or witnesses present
- Copies of emails, text messages, or internal communications
- Performance reviews or disciplinary notices
Clear documentation can help show patterns of unequal treatment and strengthen a potential complaint.
Follow Internal Reporting Procedures
Most companies have rules about how to report harassment or discrimination. You can usually find these rules in the company’s policies or employee handbooks.
Reporting the conduct internally, often through a supervisor or human resources department, can create a record of the problem and allow your employer to address it. Submitting complaints in writing can help ensure your report is documented.
File a Complaint with State or Federal Agencies
If workplace discrimination continues or your employer fails to resolve the issue, you may file a complaint with the California Civil Rights Department (CRD) or the EEOC.
In many cases, filing with one of these agencies is required before bringing a civil lawsuit. The agency may investigate the complaint, attempt mediation, or issue a right-to-sue notice that allows you to pursue the matter in court. It is important to act promptly because discrimination claims are subject to strict filing deadlines.
Protection Against Retaliation
You may worry that reporting discrimination will harm your career. However, California law strictly prohibits retaliation. If your employer takes adverse action against you for reporting discrimination, you may also have a retaliation claim.