TYPES OF RACE DISCRIMINATIONIf you are experiencing racial discrimination at work, don’t hesitate to contact Rager & Yoon – Employment Lawyers and find out about your legal options. Sometimes racial discrimination can reach levels where employment is terminated. Some common scenarios of racial discrimination we cover include:
- A position denied based on the employee’s race or ethnic background.
- Disrespectful comments against a particular race.
- When a promotion is denied due to someone’s racial background.
- When an employee is treated differently from the rest of the co-workers.
- When racial tension initiated a hostile environment at work.
- When promotions, training, and opportunities for advancement as well as benefits are denied.
- When the worker suffers retaliation for suing the employer.
- When a wrongful termination was caused by racial differences.
CALIFORNIA LAWEmployees who become victims of racial discrimination are fully protected under California laws. Besides the FEHA protections, you can also hire an attorney to gather circumstantial evidence that will support your racial discrimination claims. This type of evidence is generally sufficient under Los Angeles as well as California laws. There are other types of evidence such as direct, comparative, and statistical evidence. A good example of direct evidence is when someone makes inappropriate or offensive comments regarding an employee’s racial background. With larger companies or corporations you may need precise statistical analysis to prove that the Los Angeles employer is practicing racial discrimination in the workplace when hiring. Comparative evidence will demonstrate that rules or standards were applied depending on the race of the worker. If you are experiencing this type of scenario at work, a Racial Discrimination Attorney in Los Angeles can handle your case in Los Angeles or any other court located in California. There are some specific facts that need to be gathered to present your case. You have about a one-year time limit to file your claim in California. This is why it’s important to seek legal advice from an experienced attorney as soon as possible.
Deadline to file a racial discrimination case in Los AngelesAs with any other type of lawsuit, there are various deadlines in place to file racial discrimination cases against the employer. In California, most claimants in these cases will seek to pursue relief pursuant to federal law. However, these complaints must be filed with the Equal Employment Opportunity Commission (EEOC) within 300 days from the date of the last alleged unlawful discrimination in the workplace. In cases of discrimination in the workplace, this deadline is generally not hard to meet. However, if you have been terminated from your position or quit your job because of discrimination, you need to keep this 300-day deadline in mind when moving forward with your claim. Your claim may or may not be resolved by the EEOC. Before you can file a lawsuit based on your federal claim, the EEOC will need to issue a document known as “Dismissal and Notice of Rights.” This is commonly referred to as a “Notice of Right to Sue.” Any lawsuit based on a federal discrimination claim must be filed in state or federal court within 90 days from the date you receive this notice from the EEOC. Similarly, you can also request a “Right-to-Sue” letter from the California Department of Fair Employment & Housing (DFEH) to move forward with your state of California discrimination claim. Lawsuits based on a state discrimination claim must be filed within one year of the claim being dismissed by the DFEH. These legal deadlines are referred to as statutes of limitation, and you must have your claim filed within the specified time frame. Failing to do so will result in you being unable to recover the compensation you should be entitled to full it happened.
What type of compensation is available for a Los Angeles racial discrimination case?If you have experienced discrimination in the workplace, you may be entitled to various types of compensation. Typically, potential damages in these cases include what is called “equitable relief,” compensatory damages, and punitive damages. Equitable relief refers to damages designed to put the worker in the same place they would have been had the discrimination not occurred. This can include:
- Front pay
- Restoration to a job
- Possible promotion
- Lost benefits
- Lost bonuses