Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) prohibit discrimination in the workplace based on race. When a company makes its employment decisions based on an employee’s race, it may be acting in violation of Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA). An employer may even be liable for discrimination based on race when it takes steps to try and avoid discrimination when those steps in fact result in unequal treatment due to racial discrimination.
HOW TO PROVE RACIAL DISCRIMINATION
An employee alleging racial discrimination in violation of California labor laws or Federal employment laws must be able to prove that he or she:
- Belongs to a racial minority;
- Has applied and is qualified for a job for which the employer is seeking applicants;
- Despite being qualified for the job, the employer rejects his or her application or violates wrongful termination laws; and,
- After the employee is rejected based on racial discrimination, the employment position remains open and the employer continues to seek applicants.
After the employee establishes that there was racial discrimination in the workplace or hiring process, the burden of proof shifts to the employer to articulate some legitimate reason for the employee’s rejection other than racial discrimination.
RACIAL DISCRIMINATION VICTIM? FREE CONSULTATION 800-568-8020
Our racial discrimination lawyers understand how upsetting it can be to lose out on a job based on race, especially when the employee is clearly qualified for the open position. Our race discrimination attorneys represent employees throughout the entire state of California - from the Pacific Ocean in San Diego to the Bay in San Francisco. Our employment discrimination law firm takes qualified lawsuits for racial discrimination on a contingency, no win no fee basis.