California Racial Discrimination Lawyers Holding Employers Accountable
Being passed over, paid less, disciplined more harshly, or fired because of your race is not just unfair, it is illegal. Winer, Burritt, Scott & Jacobs, LLP represents employees throughout California in racial discrimination claims against employers of every size, from small businesses to the state’s largest companies. We investigate the decisions behind your treatment at work and fight to hold employers accountable for violating your rights.
You do not need a smoking gun to have a valid claim. Discrimination is rarely announced out loud, and building the evidence that reveals it is what our attorneys do. Call or message us for a free, confidential consultation, with no fees unless we recover compensation for you.
Racial Discrimination Versus Racial Harassment
These two claims are often confused, but California law treats them differently. Racial discrimination involves a tangible employment action, a specific decision an employer makes because of race. Racial harassment instead involves the day-to-day atmosphere of the workplace, such as slurs, offensive jokes, or exclusion, that creates a hostile environment. This page focuses on discriminatory decisions. If your experience centers on slurs, jokes, or a hostile atmosphere rather than a specific employment decision, visit our page on California racial harassment.
Forms of Racial Discrimination We Handle
Racial discrimination in California can take many forms, and it is illegal under both the California Fair Employment and Housing Act (FEHA) and federal law, including Title VII of the Civil Rights Act. Common examples include discriminatory:
- Hiring and Recruiting: Refusing to hire, interview, or consider qualified candidates because of their race, ethnicity, or ancestry.
- Termination and Layoffs: Firing an employee, or selecting them for a layoff, in whole or in part because of their race.
- Pay and Compensation: Paying employees of one race less than coworkers of another race for substantially similar work.
- Promotions and Assignments: Passing over qualified employees for advancement, or giving them less desirable assignments, because of race.
- Discipline: Enforcing rules more harshly against employees of a particular race for the same conduct as their coworkers.
- Job Training and Development: Excluding employees from training, mentorship, or professional development opportunities based on race.
Disparate Treatment and Disparate Impact
Racial discrimination claims generally fall into two categories. Disparate treatment occurs when an employer intentionally treats an employee differently because of race, such as firing one employee but not a similarly situated coworker of another race for the same conduct. Disparate impact occurs when a policy that looks neutral on its face, such as a physical test or a scheduling requirement, disproportionately screens out employees of a particular race without a legitimate business justification. Disparate impact cases often rely on statistical patterns rather than a single discriminatory comment or decision, and identifying that pattern typically requires a careful review of the employer’s records.
National Origin, Ancestry, and Intersecting Protections
Race-based mistreatment often overlaps with discrimination based on national origin, ancestry, color, or immigration status, all of which are separately protected under California law. Being penalized for an accent, subjected to an English-only rule without a legitimate business reason, or judged based on assumptions about where your family is from can support a claim alongside or instead of a race-based one. Immigration status generally does not prevent an employee from pursuing a discrimination or wage claim in California.
California’s Statute of Limitations for Racial Discrimination Claims
Discrimination claims involve strict deadlines, and missing one can end an otherwise valid case. In general:
- CRD Complaint: A complaint with the California Civil Rights Department (CRD) generally must be filed within three years of the discriminatory act.
- Right to Sue: After the CRD issues a right-to-sue notice, you generally have one year to file a lawsuit in court.
- Federal Claims: A parallel charge with the Equal Employment Opportunity Commission (EEOC) carries its own filing deadlines and may extend certain rights.
Because these deadlines can run from the date of the discriminatory decision rather than your last day of work, it is best to speak with an attorney as soon as you suspect discrimination rather than waiting to see how things unfold.
Compensation Available in a Racial Discrimination Case
California law allows employees to recover the losses caused by unlawful discrimination, which can include:
- Back Pay: Wages, bonuses, and benefits lost as a result of the discriminatory decision.
- Front Pay: Future lost earnings when reinstatement or an equivalent position is not realistic.
- Emotional Distress: Compensation for the anxiety, humiliation, and stress caused by discriminatory treatment.
- Punitive Damages: Additional damages against employers who act with malice, fraud, or oppression, which are not capped under FEHA.
- Attorney’s Fees and Costs: Employees who succeed in a FEHA case can generally recover their attorney’s fees and litigation costs.
Racial Discrimination Case Results
Our attorneys have recovered meaningful compensation for employees who faced discriminatory treatment because of their race:
- $500,000: Recovery for four African American women employed by a health service provider who were treated less favorably than their Caucasian coworkers, after the company’s president made numerous derogatory racial remarks about them.
Our attorneys have also secured results in racial discrimination and related civil rights cases involving Filipino, Hispanic, and other employees; see our other locations we serve:
Why Employees Choose Winer, Burritt, Scott & Jacobs, LLP
When you take on an employer over a discriminatory decision, the firm you choose matters. Employees turn to us because we offer:
- Investigation-Driven Cases: We examine hiring records, performance reviews, pay data, and internal communications to uncover the evidence that reveals discriminatory intent or impact.
- Experience Against Large Employers: We take on corporations, government agencies, and their insurance defense firms, and we are prepared to litigate when a fair settlement is not offered.
- Recognized Civil Rights Advocacy: Our attorneys are recognized leaders in employment and civil rights litigation across California.
- No Upfront Cost: We handle racial discrimination cases on a contingency fee basis, so you pay no attorney fees unless we recover compensation.
- Statewide Presence: With offices from the Bay Area to Southern California, we represent employees across the state.
Our attorneys understand that speaking up about discrimination can feel risky. We listen carefully, explain your options plainly, and handle the legal fight so you can focus on moving forward.
California Racial Discrimination Attorneys Near You
Choose your nearest office to speak with an attorney about your treatment at work:
Steps to Take If You Believe You Faced Racial Discrimination
The decisions you make after noticing discriminatory treatment can affect your case. Consider these steps:
- Document the Decision: Note dates, the decision-maker, the stated reason, and how similarly situated coworkers of other races were treated.
- Preserve Records: Save performance reviews, emails, pay stubs, and any written policies relevant to the decision.
- Report Internally, If Safe: Reporting through HR can put the employer on notice, though you are not required to do this before contacting an attorney.
- Identify Witnesses: Coworkers who observed the treatment or comparative treatment of other employees can be important evidence.
- Consult an Attorney: Speak with a California racial discrimination lawyer before signing any severance or settlement agreement.
Frequently Asked Questions About California Racial Discrimination Claims
Does my employer have to have a certain number of employees for me to sue for racial discrimination?
Generally, yes. California's Fair Employment and Housing Act (FEHA) prohibits racial discrimination in hiring, firing, pay, and other tangible employment decisions by employers with five or more employees. This is different from racial harassment claims, which can apply even to very small employers under a separate FEHA rule. If your employer is smaller, a related harassment or Title VII claim may still be available.
Can I still have a claim if I never heard a racial slur at work?
Yes. Racial discrimination does not require slurs, name-calling, or overtly hostile comments. It can be based entirely on decisions, such as being passed over for a promotion given to a less qualified coworker of a different race, or being paid less than colleagues doing the same job. What matters is whether race was a substantial motivating reason for the decision, not whether the employer said anything explicit.
What is disparate impact discrimination?
Disparate impact occurs when a policy that appears neutral on its face ends up disproportionately harming employees of a particular race, even without any stated discriminatory intent. Examples include hiring tests, physical requirements, or scheduling rules that screen out qualified candidates of a certain race at a much higher rate than others, without a legitimate business justification. These cases typically rely on statistical evidence rather than a single decision-maker's comments.
Can I sue for racial discrimination based on my national origin, accent, or immigration status?
California law protects employees from discrimination based on national origin and ancestry, and these protections often overlap with race-based claims. Adverse treatment because of an accent, a requirement to speak only English without a legitimate business reason, or assumptions based on where you or your family come from can support a claim. Immigration status generally does not bar you from bringing a discrimination or wage claim in California.
What kind of evidence helps prove a racial discrimination case?
Because employers rarely admit a discriminatory motive, these cases are usually built from circumstantial evidence. Useful evidence includes how similarly situated employees of other races were treated for the same conduct, whether the employer's stated reason for a decision changed over time, internal emails and performance reviews, hiring and promotion statistics, and witness accounts. An attorney can help identify what records to request during the case.
Can white employees or employees who are not a racial minority bring a discrimination claim?
Yes. California and federal law prohibit discrimination based on race generally, not only against employees of a particular race. Claims by employees who believe they were treated unfairly relative to coworkers of a different race, sometimes called reverse discrimination claims, are evaluated under the same legal standards as any other racial discrimination claim.
What should I do if I believe I was denied a promotion because of my race?
Start by documenting your qualifications, performance history, and the qualifications of the person who was promoted instead, along with any comments or patterns that suggest bias. You can raise the issue internally through HR, though you are not required to before consulting an attorney. Because discrimination claims generally must be filed with the California Civil Rights Department before a lawsuit, speaking with an attorney early helps preserve your options and deadlines.
Speak With a California Racial Discrimination Lawyer Today
You should not have to accept unequal treatment at work because of your race. At Winer, Burritt, Scott & Jacobs, LLP, our California racial discrimination attorneys will review what happened, explain your legal options, and fight to hold employers accountable. Call us or complete our confidential online form to schedule your free consultation. We represent employees throughout California.
