Irvine Race Discrimination Lawyer
California employers may not treat a job applicant or employee less favorably because of their race. This means that any characteristic associated with a particular race cannot be used as a factor in making hiring, promotion, salary, or any other decision related to the job. That includes taking into account the race of someone’s spouse or other people that they might associate with.
Unfortunately, too many employers continue to use race as a factor in their employment decisions despite this clear prohibition. So if you have faced any adverse action in the workplace due to a racial factor, it is essential that you stand up and take action. An experienced Irvine race discrimination lawyer can help. At The Garza Firm, we represent workers throughout Los Angeles and Orange counties who have been negatively impacted by race- and color-based discrimination. We fight for our clients’ rights to appropriate compensation–not to mention a sense of justice in standing up to discriminatory conduct.
Employers May Not Base Job Decisions on Race, Ethnicity, or National Origin
Race or color may not be used as a factor in any aspect of employment under California’s Fair Employment and Housing Act (FEHA) or Title VII of the federal Civil Rights Act of 1964. This includes decisions related to hiring, firing, compensation, benefits, and eligibility for training programs. In this context, race usually refers to an individual’s physical characteristics, such as skin color. But it also covers other traits commonly associated with certain racial groups, such as hair texture, hair color, and other facial features. Race can also cover national origin or ancestry, which are also protected traits under FEHA and Title VII.
In addition to overt acts such as firing or refusing to hire someone, an employer can also be held liable for race discrimination if they create or permit a hostile work environment based on race. For instance, if co-workers repeatedly make racist comments toward Black or Hispanic employees, that may qualify as discrimination if such harassment is “pervasive” or “severe” enough to alter the conditions of employment for the affected workers.
Race discrimination also applies to situations where an employer may incorrectly perceive a person’s race. For example, if an employer has a bias against Chinese job applicants and refuses to hire someone of Japanese ancestry, that is still considered illegal race-based discrimination. The fact that the employer was wrong about the applicant’s actual race is not a valid defense. Similarly, an employer cannot discriminate against an employee or job applicant based on the race of their spouse or other family members (e.g., an employer cannot refuse to promote a Black employee because they are married to a white spouse.)
Contact The Garza Firm Today
We would all like to think that people have moved beyond the desire to make race-based decisions when it comes to employment. But the reality is that such practices remain illegal for a reason. If you have faced any form of adverse job action based on your race, color, or ethnicity and need legal advice from a skilled Irvine race discrimination attorney, contact The Garza
Firm today to schedule a free initial consultation.