Los Angeles Racial Discrimination Lawyer
Award-Winning Racial Discrimination Lawyers
If you need a racial discrimination lawyer in Los Angeles, Mesriani Law Group is here to help. Despite decades of civil rights legislation, race-based workplace discrimination remains the most frequently filed category of discrimination charge with the EEOC—accounting for roughly one in three of all charges filed annually. In Los Angeles—one of the most diverse cities in the nation—racial bias in hiring, pay, promotion, and day-to-day treatment remains a stark reality for workers of color across every industry.
Racial discrimination is not always obvious. It often hides behind facially neutral policies, vague performance justifications, and patterns of disparity that only become clear when examined across a workforce. See our blog on dealing with racism and racial discrimination in the workplace. At Mesriani Law Group, our Los Angeles racial discrimination attorneys know how to build the evidence needed to prove both overt and subtle racial bias under California and federal law. We handle every case on a No Win, No Fee contingency basis.
What Is Racial Discrimination Under California and Federal Law?
Racial discrimination in employment occurs when an employer takes an adverse employment action—or makes decisions affecting hiring, pay, assignments, promotion, or termination—based on an employee’s race, color, or national origin. Under California’s Fair Employment and Housing Act (FEHA), race is a protected characteristic for all employers with five or more employees. Under federal Title VII of the Civil Rights Act, employers with 15 or more employees are covered. See our guide on employment discrimination in California and our blog post on employment discrimination under California law.
To establish a racial discrimination claim, an employee generally must show:
- The employee is a member of a protected racial group
- The employee was qualified for the position or performing the job satisfactorily
- The employer took an adverse employment action against the employee
- The employee’s race, color, or national origin was a motivating factor in that adverse action
California’s FEHA is broader than federal Title VII in several important respects: it applies to smaller employers, imposes stricter liability standards, allows higher damages, and affords employees a longer window to file administrative complaints. A racial discrimination attorney in California can evaluate which combination of state and federal laws gives you the strongest available claim.
What Is Protected: Race, Color, National Origin, and the CROWN Act
Under FEHA and Title VII, the protected category is deliberately broad. Racial discrimination protections cover:
- Race and ethnicity: Black or African American, Hispanic or Latino, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, Middle Eastern or North African, and all other racial and ethnic identities
- Color: Discrimination based on skin tone—including discrimination between members of the same racial group based on lighter or darker complexion—is independently prohibited
- National origin: Discrimination based on where a person was born, their ancestry, or their membership in a national origin group is covered. See our blog on
- Physical traits associated with race—the CROWN Act: California’s CROWN Act (Create a Respectful and Open Workplace for Natural Hair) prohibits discrimination based on hair texture and protective hairstyles—including natural hair, braids, locs, twists, and knots—that are historically associated with race. Employer grooming or professionalism policies that ban these styles are treated as direct racial discrimination under California law
- Perceived race: An employer who takes adverse action based on a mistaken belief about a person’s race or ethnicity—or because of the race of the employee’s spouse, family members, or close associates—may be liable for racial discrimination
Two Legal Theories: Disparate Treatment and Disparate Impact
Racial discrimination claims proceed under two distinct legal theories, both recognized under FEHA and Title VII. Understanding which theory applies—or whether both apply—is critical to building an effective case.
Disparate Treatment
Disparate treatment claims involve intentional discrimination—the employer treated the employee differently because of their race. This is the most common form of racial discrimination claim and covers situations such as:
- A qualified Black applicant being passed over for a position filled by a less-qualified white candidate
- A Latino employee being disciplined for conduct that white employees perform without consequence
- An Asian employee being excluded from client-facing roles based on accent or appearance-related assumptions
- A promotion being denied to a qualified employee of color while less-qualified white peers advance
Direct evidence of discriminatory intent—such as a manager’s explicit racial comment or a documented pattern of racially skewed decisions—is powerful but not required. Most disparate treatment cases are built from circumstantial evidence: suspicious timing, statistical patterns, and comparator employees who were treated more favorably in similar circumstances.
Disparate Impact
Disparate impact claims address facially neutral employer policies that disproportionately harm employees of a particular race, without a legitimate business justification. The policy may appear race-neutral on its face, but if it produces a statistically significant adverse effect on a protected racial group, it may constitute unlawful racial discrimination under FEHA and Title VII. Examples of policies that have been challenged under disparate impact theory include:
- Hiring or promotion criteria (such as certain standardized tests or educational requirements) that screen out minority applicants at higher rates without being predictive of job performance
- Grooming or appearance policies—including bans on natural hair or protective hairstyles—that disproportionately burden Black employees (now also covered by the CROWN Act)
- Seniority-based layoff systems that perpetuate the effects of prior discrimination
- Word-of-mouth recruitment practices that replicate the racial composition of an existing workforce
Unlike disparate treatment claims, disparate impact claims do not require proof of discriminatory intent. What matters is the discriminatory effect. See our blog on subtle workplace racial discrimination examples for a detailed breakdown of how bias manifests in practice.
Common Examples of Racial Discrimination in Los Angeles Workplaces
Racial discrimination in the workplace takes many forms—some explicit, many subtle and systemic. Our racial discrimination attorneys in California handle cases involving:
Discriminatory Hiring Practices
Studies using resume testing consistently show that job applicants with names associated with certain racial backgrounds receive significantly fewer callbacks than candidates with identical qualifications whose names are associated with majority groups. Racial bias in hiring can also manifest in interview questions, job posting language, and applicant screening criteria that systematically disadvantage minority candidates.
Unequal Pay and Compensation
Paying employees of color less than white employees for substantially similar work—whether through lower base salaries, smaller bonuses, or exclusion from commission structures—is racial discrimination that may also implicate the California Equal Pay Act. See our guide on equal pay act discrimination. Federal census data consistently shows Black and Latino workers earn significantly less than their white counterparts in comparable roles.
Promotion and Advancement Barriers
Systematically passing over qualified employees of color for promotions, leadership roles, or high-visibility assignments—while less-qualified white employees advance—is one of the most pervasive forms of racial discrimination. This includes steering minority employees toward dead-end positions, excluding them from mentorship programs, and applying stricter performance standards selectively based on race.
Unequal Discipline and Termination
Enforcing workplace rules more strictly against employees of color than against similarly situated white employees—or terminating employees of color for conduct that is overlooked or treated as minor when committed by white coworkers—is disparate treatment discrimination. If you were disciplined or fired and similarly situated employees of a different race were not, the differential treatment may support a racial discrimination claim. See our guide on wrongful termination in California.
Racial Harassment and Hostile Work Environment
Racial harassment that is severe or pervasive enough to alter the conditions of employment constitutes a hostile work environment based on race—a recognized form of racial discrimination under FEHA and Title VII. Racial harassment includes racial slurs, derogatory jokes, stereotyping, mockery of accents or cultural practices, racially offensive emails or images displayed in the workplace, and physical intimidation based on race. A single severe incident—such as a supervisor’s direct use of a racial slur—may be sufficient. See our guide on hostile work environment claims and our blog on examples of civil rights discrimination at work.
Microaggressions and Systemic Bias
California courts and the EEOC recognize that racial discrimination does not require explicit slurs or overtly hostile conduct. Microaggressions—repeated comments that reflect racial assumptions, stereotyping, or othering—can collectively contribute to a hostile work environment when they are pervasive. Mocking an employee’s accent, making assumptions about competence based on race, or consistently excluding employees of color from informal networks and social events can all form part of a pattern of racial discrimination.
Your Legal Protections: State and Federal Law
Several overlapping laws protect Los Angeles employees from racial discrimination:
California Fair Employment and Housing Act (FEHA)
FEHA is the primary California law prohibiting racial discrimination in employment. It applies to employers with five or more employees, imposes strict liability for supervisor harassment, provides broader protections than federal law, and allows employees to recover compensatory damages, punitive damages, back pay, front pay, and attorney’s fees. The statute of limitations for filing a FEHA complaint with the California Civil Rights Department (CRD) is three years from the discriminatory act.
Title VII of the Civil Rights Act
Title VII is the federal law prohibiting employment discrimination based on race, color, and national origin. It applies to employers with 15 or more employees and is enforced by the EEOC. While Title VII provides important baseline protections, California’s FEHA is generally more protective in most respects. See our blog on what the EEOC actually does.
42 U.S.C. § 1981
Section 1981 of the Civil Rights Act of 1866 provides an independent federal cause of action for intentional race discrimination in the making and enforcement of contracts—including employment contracts. Unlike Title VII, Section 1981 applies regardless of employer size, has no administrative exhaustion requirement, and carries a four-year statute of limitations. In cases involving clear intentional racial discrimination, Section 1981 can be a powerful additional avenue for recovery.
California CROWN Act
California’s CROWN Act, which went into effect in 2020, was the first state law in the nation to explicitly prohibit discrimination based on hair texture and protective hairstyles. Employer policies that ban natural hair, braids, locs, twists, or knots—or that require employees to alter natural hair to conform to Eurocentric professional standards—constitute racial discrimination under California law.
Employer Liability for Racial Discrimination
California law imposes liability on employers at multiple levels:
Direct Employer Liability
When discriminatory policies—such as racially biased hiring criteria, unequal pay structures, or grooming policies that violate the CROWN Act—are implemented at the organizational level, the employer is directly liable. This is true even without proof that any individual manager acted with explicit discriminatory intent.
Supervisory Liability
When a supervisor or manager takes discriminatory action—denying a promotion, issuing disparate discipline, or creating or tolerating a racially hostile work environment—the employer may be held strictly or vicariously liable under FEHA. The employer generally cannot escape liability by claiming ignorance of the supervisor’s conduct.
Retaliation
California law prohibits retaliation against any employee who reports racial discrimination, files a complaint with the CRD or EEOC, or participates in an investigation or proceeding. See our employment retaliation page. If you were disciplined, demoted, or terminated after raising a racial discrimination complaint, you may have a retaliation claim in addition to your underlying discrimination claim.
How to Prove Racial Discrimination
Because employers rarely admit to racial bias, racial discrimination claims are most often built from circumstantial evidence. Our Los Angeles racial discrimination attorneys look for:
- Comparator evidence: Documentation showing that employees of a different race with similar qualifications, performance records, or disciplinary histories were treated more favorably
- Statistical patterns: Data showing that employees of color are systematically underrepresented in senior roles, paid less, or disciplined more frequently than white employees in similar positions
- Suspicious timing: Adverse actions that follow a complaint of racial discrimination, a request for accommodation of a cultural practice, or a report of racial harassment
- Direct statements: Comments by supervisors or coworkers reflecting racial bias, even if disguised as jokes or off-hand remarks
- Policy evidence: Written or unwritten employer policies—including grooming policies, promotion criteria, or hiring practices—that produce racially disparate outcomes
What to Do If You Are Experiencing Racial Discrimination
Taking the right steps early protects your claim and preserves critical evidence:
- Document every incident: Keep a detailed personal log outside of work systems recording dates, exact words used, who was present, and any changes to your treatment, assignments, pay, or advancement that appear connected to your race.
- Preserve evidence: Save emails, texts, performance reviews, pay records, and any written communications that reflect discriminatory treatment or attitudes. Keep copies outside of work accounts and devices.
- Report internally—in writing: File a written complaint with HR or a supervisor to create an official record of the discrimination and your employer’s response—or failure to respond.
- Identify comparators: Note the names, roles, and treatment of coworkers of different races who were treated more favorably in similar circumstances. This comparative evidence is often central to racial discrimination claims.
- Do not resign without consulting an attorney: Resigning before speaking with a racial discrimination attorney may forfeit legal claims. If conditions are intolerable, speak with an attorney about constructive discharge first.
- Contact Mesriani Law Group: Our Los Angeles racial discrimination attorneys will evaluate your case, advise on the strength of your claim under FEHA, Title VII, and Section 1981, and guide you through the administrative and litigation process—at no upfront cost.
Filing a Racial Discrimination Claim: Deadlines and Process
Before filing a racial discrimination lawsuit in California, employees must exhaust administrative remedies:
- FEHA claims: File a complaint with the California Civil Rights Department (CRD) within three years of the discriminatory act. After receiving a right-to-sue notice, you have one year to file a civil lawsuit.
- Title VII claims: File a charge with the EEOC within 300 days of the discriminatory act. After receiving a right-to-sue notice, you have 90 days to file a lawsuit.
- Section 1981 claims: No administrative exhaustion required. Claims may be filed directly in federal court within four years of the discriminatory act.
Acting promptly is essential. Evidence fades, witnesses move on, and statistical patterns that support disparate impact claims require timely preservation. Our attorneys will identify the correct filing pathway across all applicable laws and ensure every deadline is met.
What Compensation Can You Recover?
- Back pay: Wages, salary, and benefits lost as a result of the discrimination, including from wrongful termination or constructive discharge
- Front pay: Future lost earnings if reinstatement to your former position is not feasible
- Compensatory damages: Emotional distress, anxiety, humiliation, and damage to professional reputation caused by the discrimination
- Punitive damages: Available under FEHA and Section 1981 for malicious, oppressive, or fraudulent employer conduct
- Attorney’s fees and costs: Prevailing plaintiffs recover attorney’s fees under FEHA, Title VII, and Section 1981
- Reinstatement: A court order restoring your position if you were wrongfully terminated or constructively discharged
Why Choose Mesriani Law Group as Your Racial Discrimination Lawyer in Los Angeles?
- Over 30 years representing Los Angeles employees in racial discrimination, racial harassment, and civil rights cases throughout California
- Hundreds of millions of dollars recovered for clients across all forms of employment discrimination
- Deep knowledge of FEHA, Title VII, Section 1981, and the CROWN Act as they apply to race-based workplace discrimination claims
- Experience handling both individual racial discrimination claims and systemic disparate impact litigation
- No Win, No Fee—you pay nothing unless we recover compensation for you
- Available 24/7 in English, Spanish, and Farsi for a free, confidential consultation
Racial Discrimination: Frequently Asked Questions
1. Does California law protect against subtle or hidden racial bias?
Yes. You do not need a racial slur or an explicit statement to prove racial discrimination in California. The law recognizes two theories:
- Disparate treatment: Intentional differential treatment because of race
- Disparate impact: A facially neutral policy that produces a statistically significant adverse effect on a particular racial group
Circumstantial evidence—comparator treatment, statistical workforce patterns, and suspicious timing—can all support a strong claim. See our blog on subtle workplace racial discrimination examples.
2. Is discrimination based on hair texture or natural hairstyles illegal in California?
Yes. California’s CROWN Act (effective 2020) explicitly prohibits discrimination based on hair texture and protective hairstyles—including natural hair, braids, locs, twists, and knots—that are historically associated with race. Employer grooming or professionalism policies that ban these styles, or that require employees to chemically alter their natural hair to conform to Eurocentric standards, constitute direct racial discrimination under California law.
3. What is disparate impact discrimination and how is it different from disparate treatment?
Disparate treatment involves intentional discrimination — the employer treated the employee differently because of their race.
Disparate impact involves a facially neutral policy that disproportionately harms a racial group, even without discriminatory intent. Examples include hiring criteria that screen out minority applicants at higher rates than white applicants without being predictive of job performance, and grooming policies that disproportionately burden Black employees. Disparate impact claims are proven through statistical evidence of adverse effect, not proof of intent. See our guide on employment discrimination in California.
4. Can I bring a racial discrimination claim if I am the same race as my employer?
Yes. Racial discrimination protections apply regardless of the races of the employer and employee. Discrimination can occur:
- Between members of the same racial group, such as based on skin tone or colorism
- Because of the race of an employee’s spouse, family members, or close associates
- Based on a mistaken belief about a person’s race or ethnicity (perceived race)
5. What is Section 1981 and how does it differ from Title VII?
Section 1981 of the Civil Rights Act of 1866 prohibits intentional race discrimination in the making and enforcement of contracts, including employment contracts. Key differences from Title VII:
- Applies regardless of employer size — no 15-employee minimum
- No administrative exhaustion — claims can be filed directly in federal court
- Four-year statute of limitations (vs. Title VII’s 300-day EEOC charge deadline)
In cases involving clear intentional racial discrimination, Section 1981 is a powerful supplement or alternative to Title VII. See our blog on what the EEOC does and how it enforces discrimination claims.
6. What is constructive discharge in a racial discrimination context?
Constructive discharge occurs when discrimination or harassment becomes so severe and pervasive that a reasonable employee in the same position would feel compelled to resign. In racial discrimination cases, it most often arises from sustained racial harassment the employer fails to address, or a pattern of adverse treatment designed to force a minority employee out. If proven, constructive discharge is treated as a wrongful termination, entitling the employee to back pay, front pay, and other remedies. See our guide on wrongful termination in California. Do not resign without consulting a racial discrimination attorney first.
7. What should I do if I witness racial discrimination against a coworker?
Witnesses play an important role in racial discrimination cases. If you witness discrimination:
- Document what you observed — dates, specific conduct, who was present, and any direct statements
- You may be asked to provide a declaration or testimony in support of a claim
- California law prohibits retaliation against employees who report discrimination or participate in an investigation
See our guide on employment retaliation claims in California.
8. How long do I have to file a racial discrimination claim in California?
Filing deadlines:
- FEHA claims: File with the California Civil Rights Department (CRD) within three years of the discriminatory act; one year to file a lawsuit after receiving a right-to-sue notice
- Title VII claims: File with the EEOC within 300 days; 90 days to file a lawsuit after a right-to-sue notice
- Section 1981 claims: No administrative exhaustion required; file directly in federal court within four years
Acting promptly is critical — contact a racial discrimination attorney in Los Angeles as soon as possible after experiencing discrimination.
Your Race Should Never Define Your Career Ceiling
Whether you have faced overt racial bias or a subtle pattern of discrimination that has held you back, our Los Angeles racial discrimination attorneys know how to build the evidence and fight for the compensation you deserve — at no upfront cost.
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