Race Discrimination Attorney in Orange, California

No one should have to experience discrimination at their place of work. Unfortunately, discrimination of many kinds—including discrimination based on race—is a reality in many California workplaces.  

If you believe you have been a victim of race discrimination at work, the attorney at The Guha Law Firm is here to stand up for your rights and provide you with results-driven and aggressive representation to fight for the justice you deserve. At The Guha Law Firm, we do not tolerate prejudice or racism in any area of our lives, including the workplace.  

Our race discrimination attorney in Orange, California, can evaluate your situation, explain federal and state law, and advise you on your legal remedies. 

We handle discrimination cases on a contingency basis, which means we are not compensated unless you win. With an office in Orange, we serve clients throughout Riverside, Los Angeles, and San Bernardino counties.  

Race Discrimination Laws

Race discrimination laws are broken down into federal and state laws: 

• Federal laws. Federal laws are designed to protect employees from discrimination based on race, skin color, national origin, and other protected characteristics. The primary law that protects people from racial discrimination at the federal level is Title VII of the Civil Rights Act of 1964. This federal law applies to employers with at least 15 employees.  

• California laws. California is known for some of the strongest anti-discrimination laws in the nation. California’s Fair Employment and Housing Act (FEHA) prohibits employers from discriminating against employees and job applicants based on protected characteristics that include race and skin color. The FEHA applies to both public and private employers, as well as employment agencies and labor organizations. Under state law, employees with five or more employees are subject to the prohibition against employment discrimination. However, harassment because of protected characteristics is prohibited in all workplaces, even if the employer has fewer than five employees.  

If you believe you have been subjected to racism in the workplace or while applying for a job, our race discrimination attorney at The Guha Law Firm can look into the facts of your case and determine whether or not you have a valid discrimination claim.  

What Is Race Discrimination?

Race discrimination occurs when a person is treated unfairly because of the characteristics of their race, including but not limited to national origin, skin color, ethnicity, accent, body features, and other physical characteristics.  

Common examples of racial discrimination in the workplace include: 

• Job refusal 

• Job termination 

• Demotion 

• Failure to promote 

• Denial of opportunities and benefits 

• Being given unmanageable tasks 

• Being transferred to a less desirable job location 

• Being paid less than another employee with the same experience and qualifications doing the same job 

These are some of the examples of racial discrimination at work. Race discrimination can take many other forms. Regardless of the type of discrimination, it can cause the employee significant emotional distress.  

What Are the Elements of a Race Discrimination Claim?

To bring a successful race discrimination claim, it must meet the following elements:  

• You belong to a particular race;  

• Your job performance was satisfactory (this element is necessary to establish that adverse employment action against you wasn’t because of your unsatisfactory job performance);  

• You were subjected to discrimination in the workplace (e.g., being denied a promotion because of your race); and 

• Other employees not of the same race were not subjected to discrimination.  

It’s important to reach out to a skilled lawyer to help you prove the above-mentioned elements and ensure that you have all the evidence you need before suing your employer for race discrimination.  

Racial Disparate Impact vs. Disparate Treatment

The law recognizes two types of discriminatory practices: 

1. Disparate impact refers to unintentional discrimination; and 

2. Disparate treatment refers to intentional discrimination.  

An example of disparate impact is when the employer creates policies or rules that appear to be neutral but have the potential to disproportionately impact a protected group. Disparate treatment, on the other hand, is more intentional. An example of disparate treatment is when the employer requires employees of a specific race to pass additional testing to be considered for the job.  

Harassment Based on Race

California’s FEHA prohibits not only discrimination but also harassment based on race, skin color, and other protected characteristics. Common examples of harassment based on race include: 

• Racial slurs 

• Offensive or derogatory remarks about the employee’s race or skin color 

• Verbal threats 

• Sharing of racial jokes or “memes” 

The FEHA considers it harassment when the employee’s work environment becomes hostile, intimidating, offensive, abusive, or oppressive as a result of harassing conduct. In fact, under the law, a single incident of harassment may be sufficient to prove a hostile working environment. The employee needs to prove that they were offended or humiliated by the harassing conduct to the point that it disrupted their emotional stability, negatively affected their ability to perform the job, or interfered with their sense of well-being.