The indignity and insult of racial harassment in the workplace need not be tolerated. Federal and California state laws offer protection to employees who are subjected to such violations of their rights. With the skilled guidance and aggressive representation of our San Francisco race discrimination attorney, you can work to reclaim your right to pursue your livelihood free from the interference and degradation of racial harassment or discrimination.
Find out more about how The Armstrong Law Firm and our experienced legal team can get you the help you want and deserve. Get a Consultation by calling (415) 909-3945. You can also message us directly about your case here.
The Armstrong Law Firm Represents Victims of Racial Injustice at Work
Our employment law attorneys handle all cases of discrimination and/or harassment, but it’s important to note that the two racial groups most-targeted in Northern California include African-Americans and Latinos.
We have provided additional information below for anyone interested:
- Race harassment and discrimination against African Americans
- Latinos/Latinas experiencing Race harassment
- Racial harassment against Asian Americans
Local, state, and federal laws protect your right to a discrimination-free work environment. As such, victims have the right to hold their employers accountable for their actions. Hire the San Francisco race discrimination attorney at The Armstrong Law Firm to determine your legal rights and options for compensation.
Employee Rights Protected By Federal And California Law
California’s Fair Employment and Housing Act (FEHA) and federal laws under Title VII of the Civil Rights Act of 1964 prohibit employers from discriminating against certain protected classes such as racial or ethnic groups. These laws are an essential component of ensuring that you have access to a safe work environment.
Prohibited behavior includes:
- Treating them differently from other groups
- Holding them to a higher standard
- Adopting policies that have a disparate impact on those groups
The prohibited behavior you experience may include racial slurs, workplace harassment, expressions of racial prejudice or verbal abuse. It may also be more subtle, such as reassignment to a difficult or unpleasant work task or poor job reviews despite adequate performance.
Our San Francisco race discrimination attorneys can inform you of your rights, opportunities for obtaining compensation and the legal process required to get justice. Compensation includes backpay, frontpay, compensatory damages, punitive damages, and more.
Proving Discrimination in California
To succeed on a discrimination claim in California, you must prove that there was indeed discrimination based on your protected status. The following elements must be present in your case:
- The defendant was your employer or other entity covered by the law
- You were an employee of the defendant or you applied for a job with the defendant
- If you were an employee, the defendant terminated your employment or took some adverse employment action against you or you were constructively terminated; or if you were seeking employment, the defendant refused to hire you
- Your protected status, i.e. your race, was a substantial motivating reason for the defendant’s decision to terminate your employment, take adverse employment action against you, or refuse to hire you.
- That you were harmed; and
- That the defendant’s conduct was a substantial factor in causing your harm.
The employer-employee relationship can be terminated in two ways: the employee may resign, or the employer may fire the employee. With resignation, an employee voluntarily terminates the relationship, on the other hand, the employer has the power to terminate the relationship by firing or discharging the employee.
Actual discharge or firing of an employee carries significant legal consequences for employers, including liability for wrongful discharge. To avoid such legal consequences, an employer may decide not to actually fire an employee, but instead engage in conduct to cause the employee to quit. When an employee quits under such circumstances, they may have a case as a constructively terminated employee.
To prove constructive termination, you must prove:
- The defendant, through its officers, directors, managing agents, or supervisory employees intentionally created or knowingly permitted working conditions to exist that were so intolerable that a reasonable person in your position would have had no reasonable alternative except to resign; and
- You resigned because of these working conditions.
Deadlines For Filing Race Discrimination And Harassment Claims
The first step in obtaining justice is the filing of a claim with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). Be advised that there are strict time deadlines for these claims, so talk with our San Francisco racial discrimination attorney regarding these issues as soon as possible.
Under the FEHA, an employee must exhaust the administrative remedy provided by the statute by filing a complaint with the Department of Fair Employment and Housing (DFEH) and must obtain a notice of right to sue from DFEH in order to be entitled to file a civil action in court based on violations of the FEHA. Filing the administrative complaint is a very important step in your racial discrimination law suit. This is because the timely filing of an administrative complaint is a prerequisite to the bringing of a civil action for damages under the FEHA. In order for your complaint to be timely, the FEHA provides that no complaint for any violation of its provisions may be filed with the Department after the expiration of one year from the date upon which the alleged unlawful practice or refusal to cooperate occurred. There is, however, an exception for delayed discovery.
The EEOC issues a general 180-day deadline for filing an anti-discrimination claim. However, other deadlines at the state and local levels could apply. If you miss the deadline that applies to your case, you no longer have the right to a claim.
On the other hand, meeting claim deadlines will help your case move forward. If administrative remedies fail, you have the option of legal action in the courts to obtain justice and compensation for your losses and harm, too.
If you are experiencing or have experienced racial discrimination, it is important to consult with a racial discrimination attorney as soon as possible. Your attorney will take swift action and guide you through the legal process to ensure that you do not lose your opportunity to make a claim and get the compensation you deserve.
How We Can Help You Obtain Justice And Fair Compensation
Racial harassment typically involves racial slurs and/or offensive comments made by an assailant, or harasser, to describe a person’s race or color. It can be differentiated from simple joking and teasing by gauging the frequency and/or severity of the attacks.
The Armstrong Law Firm delivers on the following legal services to help you obtain justice and fair compensation:
Our harassment lawyers know the impact that race harassment can have on an employee’s sense of self-worth and ability to successfully carry out his or her responsibilities. We will use the full resources of our firm to help you aggressively protect your rights and rectify your situation.
Race harassment can take a wide variety of forms, ranging from inappropriate humor to intimidation and even physical violence. What may begin as minor incidents can escalate if not addressed thoroughly and aggressively; therefore, taking an assertive stance regarding your rights may be the only way to effectively challenge race harassment.
Any member of a business can be a source of race harassment, from lower-level employees to management to the owner. If managers are not participating in the harassment, but are aware that it is occurring, they may be liable for the harassment.
Employers have certain obligations to protect their employees from race harassment. Failing to meet these obligations is grounds for prosecuting your employer. Our San Francisco race discrimination attorney will hold your detractors accountable while protecting your rights and reputation.
To learn more about race harassment, please visit the U.S. Equal Employment Opportunity Commission (EEOC) website.
“The Armstrong Law Firm handled a race harassment case for me when I was at my breaking point at work. Kelly Armstrong and her associate were a great team. From the outset, they were honest, straightforward, and protected me from further harassment and retaliation by my employer. Kelly and her dedicated team were always professional and their sense of humor made me feel comfortable on a personal level. There were times when I would call the office because I was frustrated with what was happening at work. I was always able to reach Kelly or her associate directly. They would listen to me, make me feel at ease and immediately took care of my problems for me. I feel very lucky to have been represented by such great and dedicated lawyers.” — Nick C.
Racial Discrimination Affects the Entire Employment System
The Equal Employment Opportunity Commission (EEOC) defines racial discrimination as unfavorable treatment based on a person’s race or race-linked physical features. Despite this being illegal, racial discrimination exists across numerous industries and employment processes.
The San Francisco racial discrimination attorney at The Armstrong Law Firm will investigate your case for racial discrimination in all areas, including:
- Other areas of employment
When there is evidence of racial discrimination, The Armstrong Law Firm will preserve our findings and hold your employer accountable. If you fear that retaliation is imminent, your San Francisco racial discrimination attorney will also document this issue and ask for additional compensation on your behalf. California and federal laws protect your rights; our law firm will ensure the justice system upholds them.
Compensation Is Available for Proven Racial Discrimination Claims
When employees face racial discrimination, it is a traumatic experience on multiple levels. That is why our state and federal laws ban these types of behaviors in the workplace. If you have a proven racial discrimination claim, you can hold your employer or the relevant company accountable via a settlement or civil court award.
Compensation that our San Francisco racial discrimination has secured on behalf of clients includes:
- Lost income
- Lost expenses
- Mental anguish
- Punitive damages
- Court costs
- Attorneys’ fees
- Job benefits and advancements
- And more
At The Armstrong Law Firm, our legal team takes a personalized, hands-on approach when seeking tangible outcomes upon which our clients can rely. Not only will we act as your legal representative, but we will also provide the ongoing support you need to get through this emotionally challenging time.
Contact An Experienced Racial Discrimination Employment Lawyer
If you think you have been a victim of racial discrimination or race harassment in the workplace, contact us today. The Armstrong Law Firm has an impressive record of successfully defending the rights of BIPOC employees in the San Francisco Bay Area and throughout Northern California.
Call us at (415) 909-3945 or contact us online to schedule your confidential initial consultation. We represent BIPOC clients from all over the Bay Area, including San Francisco, Oakland, Marin County, Santa Clara County and San Jose.