Everyone has the right to live their lives, go to work, and support their families without the burden or fear of being treated differently at their job because of their race or the color of their skin. Despite the numerous laws in place to protect people from unfair and illegal practices, employers may still engage in, enable, or fail to address discriminatory conduct aimed at their employees. If you were the subject of racial discrimination, you might be wondering what the average settlement for racial discrimination is and if it is in your best interest to file a claim. The compensation you can receive depends on the applicable law and the circumstances at play in your case. Because each case is different, the amount of damages can vary significantly from case to case.
Bibiyan Law Group has helped thousands of employees fight against unfair and illegal business practices. Our firm dedicates its time and resources to advocating for those who are discriminated against or fall victim to unjust employment practices. If you were the victim of discrimination in California, you do not have to go through it alone. Contact us today!
What Constitutes Racial Discrimination in the Workplace?
Federal and California laws protect employees from adverse employment action because of their race or perceived racial identity. For example, if the employer does not promote someone because of their race, the person may have a legal claim. Racial discrimination can include practices such as:
- Passing someone over for a promotion or job,
- Writing someone up for no legitimate reason,
- Docking someone’s pay,
- Scheduling them fewer hours than others, and
- Creating or enabling a hostile work environment.
To have a valid case, the employee doesn’t need to prove that race was the only reason their employer took the action they did. Rather, they must show that race was a motivating factor in the decision. Additionally, the employee may have a claim even if the employer was wrong about the employee’s race. In other words, if the employer wrongly believes the employer to be of a certain race and takes an adverse action, they may be liable for discrimination.
How Long Do I Have to Bring a Racial Discrimination Claim?
Employees may have up to 180 days to file a claim against their employer. Federal employees may have less time to file a claim (typically, up to 45 days). Under California law, you may have up to three years to file a claim. But it is best to talk to an attorney early on to understand the deadline that applies to your case and assert your rights.
What Is the Average Settlement for a Racial Discrimination Lawsuit?
The settlement amount in a racial discrimination case depends on the applicable law and the circumstances giving rise to the claim. Further, you may be eligible for different types of compensation depending on what happened and the consequences of the discrimination. For that reason, there is no average racial discrimination settlement.
Even so, it may be in your best interest to at least look into your legal options to find out if you have a claim and what you can do. The most effective way to help curb discriminatory practices is for workers to come forward and speak out against unfair and illegal conduct.
What Compensation Does the Average Settlement for a Racial Discrimination Case Include?
In a given racial discrimination case, the court may award the victim the following types of compensation:
- Past unpaid wages,
- The wages they would have received had they received the promotion,
- Reinstatement of their job,
- The employment position they applied for,
- Attorney’s fees, or
- Punitive damages.
Depending on the situation, the applicable law may place limits on the amount of compensation the victim can receive. For example, federal laws typically place a $50,000 ceiling on the amount of total damages a plaintiff can receive in an employment discrimination case if their employer has between 15 and 100 employees. An employment discrimination attorney can help you understand and maximize the damages you receive in your case.
Bibiyan Law Group: Discrimination Attorneys Fighting for California Workers
We understand that it can be intimidating to consider bringing a claim against your employer for racial discrimination. You may be feeling disempowered and wondering what to do next. We hear you and are here to help you pursue justice and feel heard. Our compassionate attorneys have years of experience helping disenfranchised workers stand up against injustices. Our team of 20 attorneys and 40 staff members is here to stand up for your rights and use our resources to hold your employer accountable. If you are the victim of racial discrimination in employment, contact our office today at 310-438-5555 to schedule a no-obligation consultation.
David Bibiyan is a distinguished attorney at Tomorrow Law™, renowned for his expertise in employment law. With a strong focus on representing employees in various workplace disputes, he has become a trusted advocate for those facing discrimination, harassment, wrongful termination, and wage and hour issues. Bibiyan’s approach is characterized by a deep understanding of both state and federal employment laws, ensuring that his clients receive knowledgeable and effective representation. His commitment to justice is evident in his dedication to each case, where he meticulously works to secure the best possible outcomes for his clients. Bibiyan’s reputation is built on a foundation of successful case resolutions, marked by his skillful negotiation and, when necessary, aggressive litigation strategies. His work at Tomorrow Law™ reflects a genuine passion for defending workers’ rights and promoting fair employment practices.
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