How to File a Racial Discrimination Lawsuit
Racial discrimination is a genuine threat to many of us in the workplace. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) reported that out of the 61,331 discrimination charges received in 2021, 34.1% were racial discrimination charges. If you have been a victim of discrimination, you can file a racial discrimination lawsuit or administrative complaint against your workplace, and we are here to help you do it. At Bibiyan Law Group, P.C., our aggressive and experienced employment law attorneys have the tools to win you the legal relief and financial compensation you deserve from a discriminatory employer. Contact us today!
Laws that Protect Employees Against Racial Discrimination
If you are working in California, there are two major laws that protect you against racial discrimination committed by employers. The California Fair Employment and Housing Act (FEHA) and Title VII of the U.S. Civil Rights Act of 1964 (Title VII) outlaw employer discrimination against employees and job candidates based on race, color, or national origin. And not only is it illegal for an employer to discriminate against an employee for their actual race or national origin, but it is also illegal to mistreat employees or applicants because of their perceived race or national origin or their association with others of a particular race, color, or national origin.
What Does Discrimination Look Like?
Racial discrimination is any adverse action an employer takes against a job applicant or employee because of their race or associations with members of a certain race. This type of unlawful activity can take on many forms, including the following:
- Job termination,
- Exclusion from work events,
- Refusal to hire,
- Denial of promotion,
- Unwanted job transfer,
- Undesirable job assignments,
- Exclusion from work opportunities,
- Refusal to address harassment,
- Reductions in pay or benefits,
- Unwarranted discipline or negative reviews, or
- Unequal pay.
Sometimes your employer’s racial motivations are obvious because of what they say or their gestures. And sometimes, you can gather that your employer’s actions are motivated by racial bias because they treat you differently from similarly situated employees of different racial backgrounds or associations.
How Do I Take Legal Action Against Racial Discrimination?
To enforce your rights under Title VII or FEHA, you need to file a complaint with the government. You initiate a Title VII complaint by submitting a discrimination charge to the EEOC. And you start a discrimination action under FEHA by filing a discrimination complaint with the California Civil Rights Department (CRD, formerly known as the Department of Fair Employment and Housing). In general, you have 180 days to file an EEOC charge and three years to file a CRD complaint.
EEOC charges can be filed online, in person, or by telephone. CRD complaints can be sent through the mail, submitted online, or initiated over the phone. Once one of these agencies receives your complaint, the agency investigates your claims. If the agency believes that you have cause to complain, it makes efforts to resolve the matter through alternative dispute resolution or a full-blown hearing.
You can still file a racial discrimination lawsuit in civil court even if you do not have cause according to CRD or EEOC standards. However, you must submit a claim to the EEOC or CRD and receive a notice that you have a right to sue before you can file a racial discrimination lawsuit. You can expedite your receipt of a notice that you have a right to sue by submitting additional paperwork with your administrative complaint. Whatever option you choose, our knowledgeable attorneys can help ensure that you get the most out of your legal action.
Bibiyan Law Group Gets Results for Employees
Fighting a legal battle against a prospective, current, or former employer can be intimidating. But you do not have to worry when you have an experienced attorney by your side. At Bibiyan Law Group, we have nearly 20 attorneys who are dedicated to helping others resolve employment disputes. And we have recovered millions of dollars for our clients every year we have been in operation. No matter where you are in California, we can help you. If you want an attorney who knows how to fight employers big and small and is not afraid to do so, you should talk to us. You can reach us online or call 323-205-7796 to schedule a consultation. Hablamos Español.