This is the next post in our series on the handling of race discrimination cases involving Santa Ana, California employers. Our last article provided an overview of topics we will be discussing and stressed the need to contact an employment law attorney if you feel your rights have been violated. It is important to understand that you will only have a limited amount of time in which you can take action against your former employer. If you miss this window then you will not be able to get your day in Court. In this article we will discuss a commonly raised topic – what it is that constitutes race discrimination under Federal and California law. If you need assistance then contact our office today to speak with an Orange County lawyer.
The most obvious form of discrimination occurs when an employer explicitly tells a person that they are being fired, reprimanded, demoted, or denied employment due to race or ethnicity. More often than not such acts will constitute an easy case of improper conduct. There are very rare occurrences, however, where such conduct may be permissible. These relate to instances where one’s ethnicity impacts their ability to do the job at hand. For example, if a movie production company is casting actors for the role of a Caucasian male then an African American male would not fit the need. Similarly, if local law enforcement wishes to hire a Caucasian officer, to go undercover and infiltrate a hate group, then one’s ethnicity would impact their ability to do the work. Outside of these extreme examples, however, there are few instances in which it is permissible to base a decision on one’s ethnicity.
An employer does not have to explicitly state that they are discriminating against an employee. If one believes that have been the victim of racial animus then it is possible to prove such is the case through means other than explicit statements. Acquiring company memos, emails, and other records may show that an employee was the victim of racial discrimination even though the employer claims that their motivations had nothing to do with ethnicity.
Other more common types of racial discrimination occur when a company implements a policy knowing that it will have a “disparate impact” on one particular group. For example, if an employer wished to discriminate against African Americans then they may implement a policy which, on the surface, appears to have nothing to do with ethnicity. That policy, however, may have the result of only applying to African Americans. In such an instance the Courts may rule that the policy is a form of discrimination and allow workers to bring an action for wrong doing.
If you believe that you are been treated unfairly by an Orange County employer then it is crucial that you speak with a lawyer. Our Santa Ana employment law attorneys have extensive experience in handling such matters and believe that everyone is entitled to their day in Court. Contact our office today to schedule an initial consultation. We also service Aliso Viejo, Anaheim, Buena Park, Costa Mesa, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Ladera Ranch, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Tustin, Westminster, and Yorba Linda.