Employees deserve to be treated fairly, and they should not be subjected to unfair treatment because of their race or ethnicity. Unfortunately, race discrimination does happen in the workplace. Victims of racial discrimination can suffer extreme mental anguish, and they may have a right to be compensated.
If you believe you have been the victim of racial discrimination in the workplace, contact the Oxnard discrimination attorneys at Gutierrez Law Firm today. We have over 16 years of experience protecting employees’ rights, and we are ready to help you too. Give us a call today at (213) 460-8380 to schedule your free consultation.
Why Choose Gutierrez Law Firm?
We understand that racial discrimination causes severe emotional distress. You need someone who will compassionately listen to your story and get all the facts. The caring team at Gutierrez Law Firm will give you the personal attention you deserve, and we will fight diligently to help you get justice.
Our founding attorney has devoted her entire career to helping protect the rights of employees in the workplace, and she has helped hundreds of clients win their cases. When you choose us, you will get a personalized experience as we help you put together a winning strategy. Contact us today to let us get started helping you.
The Basics Of Race Discrimination In The Oxnard Workplace
Race discrimination in the workplace occurs whenever an employee is treated differently or unfairly because of their race or racial features. Discrimination occurs whenever this type of behavior occurs during any phase of employment. Some common areas where race discrimination may occur include:
- Hiring
- Promotions
- Change in job responsibilities
- Salary adjustments
- Wrongful termination
- Layoffs
For example, choosing an employee to be included in layoffs because of their race is both unfair and illegal. Likewise, refusing to promote an employee due to the color of their skin or their hair texture can be classified as race discrimination.
Damages For Oxnard Victims Of Race Discrimination
If you have been the victim of race discrimination, you are entitled to both economic and non-economic damages. Economic damages compensate you for the financial losses you suffered, such as lost wages, future lost earnings, job search expenses, and counseling bills.
Non-economic damages provide compensation for things such as mental anguish, anxiety, and other non-financial losses. In some cases, punitive damages may also be awarded to the victim. If you believe you have been the victim of racial discrimination in the workplace, you should consult our experienced race discrimination attorney in Oxnard right away. You have a limited amount of time to file a complaint with the California Civil Rights Department or the EEOC.
What Are the Steps Involved in Filing a Race Discrimination Lawsuit in Oxnard?
Filing a race discrimination lawsuit involves several steps, beginning with documenting incidents and reporting the discrimination. Taking the right legal actions can help protect your rights and build a strong case. The following steps are essential in pursuing a race discrimination claim:
- Document the discrimination – Keep records of discriminatory remarks, unequal treatment, or actions taken against you. Written documentation, emails, and performance reviews can help demonstrate patterns of bias.
- Report the discrimination – Notify your employer or HR department about the discriminatory behavior. If your complaint is ignored or results in retaliation, this can serve as additional evidence in your case.
- File a complaint with the appropriate agency – The California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) handles workplace discrimination claims. These agencies will investigate and may issue a right-to-sue letter if further legal action is necessary.
- Gather witness statements – Co-workers, supervisors, or other individuals who witnessed the discrimination can provide valuable testimony. Witness accounts can support your claim and challenge an employer’s defense.
- Initiate a lawsuit – If agency investigations do not resolve the issue, filing a lawsuit in civil court may be necessary. An employment discrimination claim can seek compensation for lost wages, emotional distress, and other damages.
What Evidence Is Needed to Support a Race Discrimination Claim?
A strong race discrimination claim requires substantial evidence to prove that discrimination occurred and directly impacted your employment. Gathering the right documentation can strengthen your case and refute employer defenses. The following types of evidence are commonly used in race discrimination cases:
- Direct evidence – Written or verbal statements that demonstrate racial bias. Emails, text messages, or recorded conversations in which an employer makes racially offensive remarks can be used as proof of discrimination.
- Comparative evidence – Differences in how employees of different races are treated. Showing that similarly qualified employees of another race were given promotions or raises while you were denied can indicate racial bias.
- Performance evaluations – Work reviews that show inconsistencies in how your job performance is rated. If negative evaluations are based on racial bias rather than actual performance issues, they can support your claim.
- Employment policies – Company handbooks or policies that demonstrate discriminatory hiring or promotion practices. If policies disproportionately impact certain racial groups, they may violate anti-discrimination laws.
- Witness testimony – Statements from co-workers, former employees, or supervisors who observed discriminatory treatment. Firsthand accounts can help corroborate patterns of race-based discrimination in the workplace.
How Long Do I Have to File a Race Discrimination Case in California?
The deadline to file a race discrimination claim in California depends on the type of complaint being made. Under California Government Code § 12960, employees must file a complaint with the CRD within three years of the alleged discriminatory act. If a claim is being pursued under federal law, the deadline to file with the EEOC is 180 days, however, you may have up to 300 days, depending on the specific circumstances of your case.
After receiving a right-to-sue letter from the CRD or EEOC, employees typically have as much as one year from the most recent instance of racial discrimination to file a civil lawsuit. Missing these deadlines can result in losing the right to pursue compensation or corrective action.
Contact an Oxnard Race Discrimination Attorney To Get Started Working With Us Today
Employees in the workplace have a right to be safe from racial discrimination, and employers who participate in this behavior should be held accountable. The Oxnard employment lawyers at Gutierrez Law Firm knows what it takes to hold employers accountable, and we are ready to help you get the justice you deserve.
Contact us today for a free consultation to let us learn more about you and your case. We can help you gather and present evidence to prove your case, and we will fight diligently to get you the compensation you are owed.