It is against the California laws to discriminate against someone based on ethnicity and race. The employees have the right to sue their employers for getting discriminated against or harassed at the workplace. As per the California Fair Employment and Housing Act (FEHA), no employer can discriminate against someone in the workplace on basis of race and color. An employer is violating labor laws if he is discriminating his employees based on race and ethnicity. Because the state of California works on an at-will basis, the employers can fire their employees with or without any reason, and the employees can leave their job at their own will without submitting any two week notice letter.
Race can be defined as someone’s physical features like skin complexion, eye color, hair color, and it also involves referring an individual by their color like black, brown, or white. You can also take action against labor organizations that restricts membership of a person based on ethnicity and color.
How to understand that you’ve been discriminated at the workplace?
The employees can claim unemployment benefits for losing their jobs due to illegal reasons. But you also need to know how to appeal an employment appeal CA to claim your benefits. It’s difficult to prove that you were wrongfully terminated from the workplace due to racial discrimination. Some discrimination is quite visible. But there are certain signs which prove that your employer is discriminating against you. Your employer may question you on your background, language, heredity, parents/spouse’s ancestry, nationality, lineage, etc. You may also find a change in behavior towards you. Some of the other possible signs of discrimination include-
- unexpected changes in work performance appraisal
- keeping out from events and meetings
- Increase in workload or change in working duties
- Promotion of workers only from a picky race
- Reduction in salaries
- Ethnic jokes
- Retaliating against employees for reporting against workplace harassment
- Different work rules for different employee backgrounds
These are probably some of the signs that would prove that you’re being discriminated on basis of race and ethnicity.
Can you take action against your employer for racial discrimination?
It is the civil right of an employee to hold employment without any distinction on the basis of color, creed, nationality, or race. The employees who have been a victim of race discrimination can file a lawsuit against the employers. The lawsuits can also be filed against unions and labor organizations for exempting employees from memberships due to their color or race. In case of unlawful discrimination, it’s good to have professional employment attorneys by your side. You can find the best employment lawyers in Nakese law firm as they have experience in handling wrongful termination, sexual harassment, racial discrimination, gender discrimination, and unpaid wages. The defendants i.e. the employer and any others mentioned in the lawsuit will respond to the charges. A successful lawsuit can also demand the employer to rehire the employee who has been wrongfully terminated due to race or caste. But in reality, an employee who has been subjected to work in a toxic work environment would never want to return to the same place. Employees who had to face racial discrimination can also claim for the court costs and the costs needed for hiring an attorney. In such cases, the employer will have to compensate for court and attorney fees.