Discrimination based upon race is governed by the Fair Employment and Housing Act (“FEHA”). The statute provides in pertinent part: “It shall be an unlawful employment practice . . . : For an employer, because of the race, . . . color,. . . of any person, to refuse to hire or employ the person or to refuse to select the person for a training program leading to employment, or to bar or to discharge the person from employment or from a training program leading to employment, or to discriminate against the person in compensation or in terms, conditions, or privileges of employment.” Cal. Gov. Code, § 12940(a).
Race Discrimination Can Take Several Forms
Race discrimination can take several forms in the workplace, including the following:
Disparate treatment: 1) treating an employee less favorably because of his or her race or color; 2) management and/or supervisors making rude and insulting comments about an employee’s race or color; 3) allowing co-workers to make rude and insulting comments about an employee’s race or color; 4) and failing to hire or terminating an employee because of his or her race.
Disparate Impact: a facially neutral policy created by an employer that disproportionately has adverse effects on employees of a certain race.
An Employer Has a Duty to Prevent Race Discrimination in the Workplace
It is unlawful under the FEHA for an employer “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring.” Cal. Gov. Code § 12940, subd. (k). Examples of the reasonable steps required of an employer under FEHA, include, but are not limited to, the following:
- Prompt investigation of the discrimination claim;
- Corrective action against the employee found to have committed discrimination based upon race or color up to and, including, termination;
- Creating and/or declaring a workplace policy outlawing race discrimination and providing adequate means for an employee to submit a complaint.
If you have been the victim of race discrimination in the workplace, you should contact a qualified race discrimination attorney. The Law Offices can provide a skilled race discrimination attorney in Los Angeles to assist employees with claims of race discrimination. Contact the firm today for your free consultation.