Race and National Origin Discrimination

California law shields workers from discriminatory employment practices based on their race or ethnicity.   This includes discriminating against you as an employee or job applicant based on racial stereotypes, your physical characteristics, culture, national origin, ancestry, birthplace, language, and even your surname. Race discrimination also includes color discrimination, which is discrimination against an employee or applicant on the basis of his or her skin color.  A discrimination claim can be based on the color of your skin rather than your race, even if the person harassing you is of the same race.

Regrettably, workplace discrimination based on race and ethnicity is still widespread.   It can come on the form of employment ‘discrimination’ and ‘harassment’ in the workplace, both of which are prohibited. 

Harassment

Harassment is behavior that is demeaning, degrading and offensive, and can take on the forms of name-calling, using derogatory labels, mocking, being ostracized or socially excluded, offensive gestures, offensive depictions, physical blocking, physical threats, or physical assault. All persons are entitled to a workplace that is free from unwelcome behavior and actions based on race or ethnicity that creates an intimidating, hostile, or offensive work environment. 

Unlawful harassment must be severe or pervasive such that it alters the conditions of your employment and creates an abusive working environment. However, a single unwelcomed racial or ethnic epithet or act of harassment may be sufficiently severe so as to create an unlawful hostile work environment. 

If the harassment is by your co-worker, your employer is liable if a supervisor knew or should have known of the harassment and failed to take immediate and appropriate corrective action.  If the harassment is by your supervisor, your employer is strictly liable for the sexual harassment. 

Discrimination

Discrimination occurs if you are treated differently in terms of an official employment action, such as: 

•  Hiring and firing

•  Promotions and demotions

•  Unequal pay for comparable work

•  Allocation of raises and benefits

•  Assigning hours, shifts, days off

•  Assigning work and projects

•  Negotiating leaves of absence

•  Fringe benefits

•  Other terms and conditions of employment

Employers with five or more employees cannot discriminate against individuals in these terms and conditions of employment because of their race, ethnicity, or related characteristic. 

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We'll help you assert your rights.

If you believe that you have been harassed or discriminated against because of your race, ethnicity or related characteristic, call us for a free consultation. Our office generally works on a contingency-fee basis for these claims and we do not get paid unless you recover.  Sandra M. Falchetti has been handling harassment and discrimination cases for almost 20 years.  Our Firm will fight tirelessly to protect and defend the rights of every employee to work in a place that is free from harassment and discrimination. 

We are just a phone call away, and everything you tell us is confidential.  

Call the Falchetti Law Firm at (626) 831-9070  or email us here.

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