Bakersfield Race Discrimination Lawyer

As a citizen or lawful permanent resident of the United States, you have protections under both federal and state law from being harassed, discriminated against, or denied opportunities at work specifically because of your racial identity. Unfortunately, despite the fact that these protections have been enforceable for decades, there are still far too many examples of racism in virtually every industry.

If you have experienced any form of mistreatment in the course of your employment because of your race, one of our employment attorneys from LNN Trial Lawyers could help you pursue legal action. From the beginning to the end of your legal proceedings, our Bakersfield race discrimination lawyer could work tenaciously to ensure you are treated fairly. We could fight to make sure you are sufficiently reimbursed for harm you have sustained from a current or former employer’s unlawful actions.

What Protections Do Employees Have Against Racism?

Title VII of the federal Civil Rights Act, which has been in effect since 1964, prohibits all forms of employment discrimination at companies with 15 or more employees based on—among other things—an employee’s race, ethnicity, color, or country of origin. The California Fair Employment and Housing Act extends broadly similar protections to employees of companies that have five or more total employees.

Unlawful racial discrimination can take various forms, including but not strictly limited to:

• Refusal to interview or hire a job applicant specifically due to their racial identity
• Compensating an employee of a certain race at a lower rate than other employees or offering them fewer employment benefits
• Demoting, laying off, or firing an employee based on race
• Denying promotions and internal opportunities based on race
• Engaging in any form of race-based harassment, bullying, or other offensive behavior to a degree that creates a hostile working environment

During an initial consultation, one of our Bakersfield attorneys could discuss the circumstances of the racism you experienced and offer guidance about whether you might have grounds for a lawsuit.

Building a Strong Lawsuit Over Race-Based Discrimination

If you have experienced racial discrimination in your Bakersfield workplace, a lawyer could help you initiate a formal legal complaint process by filing a report with the California Civil Rights Department or the federal Equal Employment Opportunity Commission. Either organization has the authority to investigate allegations of race-based mistreatment. If they find evidence to support your allegation, they can give you legal standing to sue your employer.

That said, there is a three-year filing deadline for complaints of this nature, which starts from the date of your most recent experience with racism. There are also statutes of limitations for civil lawsuits over this type of mistreatment. Contacting one of our lawyers as soon as possible could be crucial to constructing a compelling, evidence-based claim within applicable time limits.

Employer Retaliation for Filing a Racial Discrimination Complaint

Under California’s Fair Employment and Housing Act, if you are an employee who reports a discriminatory incident in the workplace, you are protected if your employer retaliates against you. Retaliation can be for:

• Complaining to management about racial discrimination against other employees
• Complaining to management about harassment in the workplace, including targeting someone of another race
• Reporting racial discrimination to the California Civil Rights Department or Equal Employment Opportunity Commission
• Assisting the state Civil Rights Department with an investigation into your employer’s racially discriminatory actions

If you observe a co-worker or supervisor harassing another employee, note that an isolated incident, such as a tasteless joke, may not amount to an actionable complaint. Harassment must be repeated and pervasive enough to affect the person experiencing it, affecting the ability to perform their job. To discuss the situation you find yourself in at work, contact one of our Bakersfield race discrimination attorneys now.

What are Retaliatory Actions by an Employer?

The most extreme form of retaliation against an employee who reported an employer for discriminatory acts is wrongful termination, which is expressly prohibited in the state’s Fair Employment and Housing Act. You should also be aware of less severe forms of retaliation, such as demoting you, cutting your pay, assigning you the jobs nobody else wants, unfairly writing you up for infractions you did not commit against the company, and harassing you until you quit your job.

Retaliation under the Act has four elements that define it. You must be engaged in a protected activity, your employer takes adverse action against you concerning your employment, the protected activity in which you engaged was substantially responsible for your employer’s adverse action, and you have been harmed by this adverse action.

The two major protected activities under the Act are opposing discrimination and failure to grant pregnancy time off. These activities can manifest themselves in harassment for a racial trait and employment discrimination. Retaliation may occur because you contact a state agency about the situation in your workplace, assist the person targeted for discrimination in contacting a state agency, raise the resentment of your employer for participating in an activity opposing discrimination, or contact a human rights agency about your employer’s behavior.

Steps to Take if Your Employer Retaliates

If retaliation involves harassment at work rather than termination, you should speak with human resources or a supervisor who is not the one retaliating against you. If that fails and the retaliation continues, or instead of harassment, you are terminated, one of our attorneys can compile and file a Civil Rights Department complaint for your employer’s violation of the Fair Employment and Housing Act.

We can request a right to sue notice immediately or, after discussing it with you, allow the Department time to investigate before they issue it. Once we have the right to sue notice, we can file a strong case in California Superior Trial Court to seek justice for the retaliation you endured. Our team is dedicated to supporting fair and nurturing workplaces. If you observe discriminatory behavior and report it, you are performing an ethical and brave service to all employees. No one should have to tolerate a hostile work environment, and the employer who permits it should be punished.

Contact a Bakersfield Attorney To Discuss Filing a Lawsuit Over Racial Discrimination

You have a right to a workplace environment free of all forms of racism. If your employer or someone at your job has violated that right, you have legal options that, if exercised effectively, could lead to you receiving financial compensation for damage done to your professional prospects.

This kind of case can be difficult to pursue alone, which is why you should seek the help of our Bakersfield race discrimination lawyer. Call LNN Trial Lawyers today to discuss your options.