{"id":2584,"date":"2023-06-10T16:44:39","date_gmt":"2023-06-10T16:44:39","guid":{"rendered":"https:\/\/www.mesrianilaw.com\/my-employer-fired-me-due-to-the-color-of-my-skin-do-i-need-a-wrongful-termination-lawyer\/"},"modified":"2026-03-20T03:28:47","modified_gmt":"2026-03-20T03:28:47","slug":"my-employer-fired-me-due-to-the-color-of-my-skin-do-i-need-a-wrongful-termination-lawyer","status":"publish","type":"post","link":"https:\/\/www.mesrianilaw.com\/blog\/fighting-racial-discrimination-in-the-workplace\/","title":{"rendered":"Dealing with Racism and Racial Discrimination in the Workplace"},"content":{"rendered":"

When an employer takes adverse action against an employee or prospective employee because of their race or skin color, they are engaging in racial or color discrimination. While it is most common for this to occur when the employer and employee are of different races, it can also happen when they are the same race as well. It is also possible for someone to face workplace discrimination based on the race or skin tone of their family or friends. Some workers even face discrimination for being perceived as a race other than their own due to similar skin tone, hair texture, or other physical characteristics. Sometimes, racial discrimination can overlap with religious discrimination as well when people assume that all members of a certain race are of a certain religion and vice versa.<\/p>\n

Employees Have a Right to a Discrimination Free Workplace<\/h2>\n

Employees have the right to a workplace that is free of discrimination, harassment, and retaliation. Employers are not permitted to take adverse action against their workers due to age, color, disabilities, gender, genetic information, national origin, race, religion, pregnancy, sex, or sexual orientation. Adverse actions include but are not limited to refusal to hire, refusal to train or promote, harassment, demotion, reduced hours, reduced wages, unwarranted discipline, suspension, and termination. Employees also have a right to file complaints when their rights are violated, request medical leave that they have accrued, discuss their wages with each other, and participate in any investigations into their employer.<\/p>\n

What Laws Protect Against Racial Discrimination in the Workplace?<\/h2>\n

In 1964, the Civil Rights Act was passed into federal law. Title VII of this act protects employees from workplace discrimination. Employers with at least 15 employees are prohibited from discriminating against them on the basis of their age, color, genetic information, national origin, race, religion, or sex. Title VII of the Civil Rights Act covers all aspects of the employment relationship including opportunities, benefits, wages, conditions, and duties. Labor unions and employment agencies are also prohibited from exercising discrimination when making employment decisions.<\/p>\n

The Equal Employment Opportunity Commission, or EEOC, is a federal organization that oversees violations of anti-discrimination laws. In order to file a lawsuit against their employer for discrimination, the employee must first file a complaint or charge of discrimination with the EEOC. Upon receiving the complaint, the EEOC will investigate the matter and attempt to resolve the situation themselves. If a solution is not reached, they will provide the employee with a Right to Sue letter, enabling them to file a legal claim.<\/p>\n

In the state of California, the Fair Employment and Housing Act protects employees from discrimination based on age, ancestry, color, creed, disabilities, medical status, national origin, race, religion, sex, and sexual orientation. The act also covers all stages of employment and applies to employers with at least 5 employees. Violations of this act can be reported to the California Civil Rights Department, formerly known as the Department of Fair Employment and Housing.<\/p>\n

Types of Race Discrimination in the Workplace<\/h2>\n

While some forms of racism in the workplace can be obvious and intentional such as slurs and derogatory comments, it might not always be so direct. In many instances, it may be more subtle such as vague company policy or seemingly random enforcement of rules. The law categorizes two different types of discrimination that may occur in the workplace.<\/p>\n

Disparate Treatment<\/h3>\n

Disparate treatment occurs when an employee is treated differently from their coworkers on the basis of a protected status such as race. Some examples of disparate treatment in the workplace may include:<\/p>\n