Racial Discrimination Attorneys

Racial Discrimination Attorneys

It is illegal for an employer to discriminate against employees based on their race, color, or ethnicity. If you or a loved one have been discriminated against at work because of your race, color, or ethnicity, contact our experienced racial discrimination attorneys today. Under both the federal and state laws, it is prohibited for an employer to discriminate against an employee, and an employer will be held liable against an employee for any compensation.

We understand that racial discrimination could have several negative consequences, such as leaving the victim scrambled and trying to find another job. That is why it is very important to hire a top rated litigation attorney that could pursue your rights in court if both sides cannot agree on a settlement amount.

Our employment law attorneys are conveniently located in major cities in California and Nevada. We are well-versed in both California and Nevada employment law.

Despite the fact that there are several federal and state laws in place that prohibit discrimination, workplace discrimination is still a very serious issue in Nevada and California.

When is Racial Discrimination Prohibited?

Racial discrimination is prohibited during all activities that occur at the workplace, including:

• Recruiting employees
• Training employees
• Paying employees
• Disciplining employees
• Measuring employees performances
• Assigning work to employees
• Hiring employees
• Firing employees

What Do I Have to Prove in a Racial Discrimination Claim?

When filing a claim under the Equal Employment Opportunity Commission (EEOC), employees must have to show that their employer treated them differently from other workers, or engaged in some other type of adverse actions. The employer must also show that their employer had the required intent to discriminate because of the person’s race. The intent is shown through circumstantial or indirect evidence.

Racial Discrimination Statistics

According to the Pew Research Center, majority of Americans say that there is discrimination against several groups in the United States.

• 80% of Americans agree that there is discrimination against African-Americans
• 76% of Americans agree that there is discrimination against Hispanic people
• 70% of Americans agree that there is discrimination against Asian people
• Americans are much less likely to say that there is discrimination against white people
• 95% of black adults say that black people face at least some form of discrimination in the United States
• 42% of Asian Americans say that Asian people face at least some form of discrimination

Federal Anti-Discrimination Laws

Under Title VII of the Civil Rights Act of 1964, employers are prohibited from

• Refusing to hire an employee because of their race
• Failing to hire employee because of their race
• Paying an employee less because of their race
• Providing an employee less benefits because of their race
• Segregating employees in the workplace by race
• Failing to provide promotions or other job opportunities to an employee because of their race

How Do I File a Racial Discrimination Claim?

Before filing a civil legal claim, it is important that you file your claim with the EEOC. The commission will investigate your workplace claim, and determine whether you have a valid claim to file a lawsuit. If the EEOC investigation determines that there is a valid basis for filing a racial discrimination claim, the commission will provide you with the notice of right to sue. Then, you will be able to move forward with your civil lawsuit.

If the EEOC does not determine that there has been any discrimination in the workplace, you still have the ability to file a civil lawsuit.

If you are filing racial discrimination claim based on federal laws, it must be filed within the federal court within 90 days of receiving the notice of right to sue by the commission.

If you are located in California, you could also receive your notice of right to sue by the California Department of Fair Employment and Housing. If the department determines that you have a claim, you must file your civil claim in state court within one year of your claim being dismissed.

It is very important to keep these time limitations in mind. It is also important to seek a racial discrimination attorney immediately to file these claims and recover the compensation you deserve.

What Type of Compensation Can I Receive in a Racial Discrimination Claim?

If you have been a victim of racial discrimination in the workplace, there are several different types of compensation you could receive as potential damages. Examples of damages could include:

• Back pay
• Front pay
• Lost benefits
• Lost raises
• Pain and suffering
• Legal fees
• Punitive damages: punitive damages are only awarded in certain circumstances in California and Nevada courts. In order for the court to award punitive damages, they should be able to see some type of egregious or malicious conduct on behalf of the employer.

When Do I Have to File My Racial Discrimination Claim in California?

There are various different deadlines depending on the legal claim you are filing. If you follow your legal claim after the deadline, you could risk getting your entire case dismissed.  In California, a complaint for racial discrimination in the workplace must be filed with the Equal Employment Opportunity Commission within 300 days from the date of the last unlawful discriminatory act that occurred in the workplace.

Many may think that 300 days is an ample amount of time, however time does pass by fast, especially if you resign and are looking for another position.

What Should I Do If I Have Been A Victim Of Racial Discrimination At Work?

We advise that the first step is to gather as much evidence as possible. For example, keep a record of dates where discriminatory actions occurred, along with names of potential witnesses and their contact information. The next step is to file a claim with the Equal Employment Opportunity Commission or your corresponding State Department. It is important that you hire an experienced racial discrimination attorney to help you navigate through the legal process.

Nevada Equal Rights Commission

If you have been a victim of racial discrimination in Nevada, contact our Nevada racial discrimination workplace attorneys to file a claim with the Nevada Equal Rights Commission. The Nevada Equal Rights Commission will provide you with the right to sue once they conduct a formal investigation into your claims. Once you have the notice of the right to sue, you will be able to file a civil lawsuit against the at-fault party.