It is against the law in California for an employer to discriminate against an employee the basis of race, religion, or national origin. Employees who are victims of such discrimination often have a potential legal claim under California’s Fair Employment and Housing Act, which forbids harassment or discrimination when it comes to any aspect of employment, including hiring, firing, pay, promotions, layoffs, training, recruitment, and employee benefits.

Race & Racial Discrimination

Racial discrimination can take a variety of different forms in the workplace, some of which can be subtler than others. Race-based discrimination is considered to be illegal when it results in an adverse employment decision (such as the victim being fired or demoted). Racial harassment is also against the law when it is so frequent or severe that it creates a hostile or offensive work environment.
Examples of racial discrimination or harassment may include the following:

• Racial slurs, verbal abuse, and put-downs
• Offensive or derogatory remarks about a person’s race or color
• Failing to hire, train, mentor or promote a person based on their race
• Paying an employee less or providing them fewer benefits on account of their race
• Intentionally negative and malicious performance evaluations
• Excluding someone from a work group because of their race
• Job threats & intimidation

Unlawful Retaliation

State and Federal law prohibit employers from unlawful retaliation against employees who oppose racial discrimination or participate in an anti-discriminatory proceeding, even if they are “at-will” employees. If an employee has been fired in retaliation for engaging in such activities, they may have a claim for wrongful termination in violation of public policy.

Contact Our San Diego Employment Discrimination Lawyers

If you feel you have been the victim of racial discrimination, religious discrimination, or other forms of employment discrimination, the Law Offices of Michael S. Cunningham can discuss the facts of the case with you, explain the law, and often times represent you in an employment discrimination lawsuit against your former current or employer. Call us today at (951) 213-4786 for a free consultation with a San Diego discrimination lawyer about your case.