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Huntington Beach Employment Lawyer

Discrimination has no place in the workplace. Unfortunately, nearly 50 years after the Civil Rights Act of 1964, there are still instances of racial discrimination in businesses across California. Racial discrimination is when someone is treated differently because of his or her race. In the workplace, racial discrimination can occur during the hiring process, during decisions regarding promotions or it can involve wrongful terminations.

If you or a loved one has been mistreated at work because of your race or ethnicity, please do not hesitate to discuss your legal options with an experienced Huntington Beach employment lawyer. Companies that foster a hostile environment should be held accountable for their wrongdoing.

Racial Discrimination

Making decisions in the workplace based solely on race is unacceptable and against the law. Decisions that cannot be made based solely on race include: whom to hire, whom to fire and whom to promote. These protections were created in the 60s with the Civil Rights Act.

Civil Rights Act

President John F. Kennedy proposed The Civil Rights Act but did not survive to see it pass under President Lyndon B. Johnson. In addition to denying schools the right to segregate, it created a number of protections for workers. Under Title VII of the Civil Rights Act, no employee or job applicant can be discriminated against because of his or her race, nationality or color. The Civil Rights Act prohibits discrimination in situations involving:

  • Hiring
  • Salary
  • Promotions
  • Job training
  • Making assumptions regarding abilities or traits

It also prohibits discrimination based on the associations of a person. In other words, someone cannot be discriminated against because of the race of his or her spouse, significant other or friends. There are also protections for individuals who are members of ethnic-based organizations or groups. For example, individuals who attend a school or place of worship that is associated with a specific minority cannot have that held against them during the hiring process.

Title VII includes many other protections against discrimination as well. Someone cannot be discriminated against because of his or her skin color or hair texture. Companies are prohibited from sending a minority salesman to a primarily minority geographic area for racial reasons. Offices cannot be segregated based on race either and employees cannot be kept from certain customers because of their race.

Race-Related Inquiry on Job Application

Many employers ask questions about race and ethnicity on their applications. This is a slippery slope. While it is not illegal to inquire about race on a job application, the question of how that information will be used must be asked. Some businesses need information on the race of their applicants for affirmative action reasons. Any use of this type of information beyond tracing applicant flow and affirmative action numbers is suspicious.

Steps You Can Take

First, you should know that employers are not permitted to retaliate against any employee that takes a stand against discrimination. This means that companies cannot retaliate against an employee who opposes discrimination in the workplace or who files a complaint regarding discrimination. In other words, you have rights and those rights are protected.

If you believe that you have been discriminated against because of your race, sex, age, religious beliefs or sexual orientation, you would be well advised to speak with an experienced Huntington Beach employment lawyer. Depending on the circumstances of your case, you may be eligible for compensation for the way you have been treated and any losses you may have suffered.

Ideally, your employer will recognize that your rights have been violated and they will offer you a fair settlement without dragging out the claim process in court. Some cases, however, require litigation to hold the at-fault employer accountable for their wrongdoing. Your actions may even help protect other employees who have been wronged by your employer as well.

The experienced Huntington Beach employment lawyers at Bisnar Chase have a long and successful track record of helping workers obtain justice and fair compensation for their losses. Please call us at 949-203-3814 or contact us today for a free, comprehensive and confidential consultation.

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