Racial Discrimination In The Workplace
Employers have a legal responsibility to refrain from discriminatory practices in the workplace. At both the state and federal levels, protections exist to ensure employees and job applicants are not judged by their race or the color of their skin, yet these incidents still occur from time to time. A racial discrimination attorney in Sacramento, California can be an invaluable ally when an individual faces this type of discrimination in the workplace. Racial discrimination can easily lead to missed job opportunities, lost income, and pain and suffering from dehumanization and mistreatment.
At the Ward Firm, we are fervent defenders of employees’ rights to discrimination-free workplaces. Attorney Justin L. Ward believes in compassionate yet aggressive representation for every client. He and his legal team have extensive experience handling racial discrimination cases in Sacramento and Oakland, California and can provide clients with individualized, comprehensive legal counsel.
Why Choose the Ward Firm?
Racial discrimination cases are sensitive and complex legal issues. In many cases, it can be difficult to prove that a discriminatory situation arose on the basis of race or color. Many racial discrimination cases require careful examination of an employer’s records and correspondence between the client and members of the organization in question. At the Ward Firm, we do not back down from intense and complicated cases. We strive to ensure every one of our clients who have faced racial discrimination in the workplace reach their day in court. Our team has the experience and insight to know available avenues of compensation often left undetected.
Attorney Justin L. Ward has extensive professional legal experience as a former prosecutor, insurance defense representative, personal injury attorney, and criminal defense attorney. This wide breadth of legal experience ensures the team at the Ward Firm can thoroughly explore every facet of your racial discrimination claim in Sacramento or Oakland and guide you to a positive result.
What Is Racial Discrimination?
Racial discrimination includes any mistreatment of an employee or different, negative treatment of an employee on the basis of the employee’s race or skin color. Essentially, any actions taken against an employee that pertain to the employee’s terms and conditions of employment could potentially fall under the umbrella of racial discrimination if such actions are taken on the basis of the employee’s race or skin color.
A few possible examples of racial discrimination in the workplace include:
- Hiring practices, such as disregarding applicants or denying employment on the basis of race.
- Advertisements for open positions that specifically exclude members of a certain race.
- Transferring an employee on the basis of race or skin color.
- Promotion decisions made on the basis of race or skin color.
- Different working conditions for employees of different races.
- Treating an employee differently due to the employee’s association with members of a specific race, such as mistreating an employee because they are in an interracial marriage or relationship.
- Paying an employee less or offering fewer or less valuable employment benefits due to the employee’s race or skin color.
Ultimately, any negative action taken against an employee on the basis of race or skin color or the creation of a hostile work environment for an employee of a specific race could potentially qualify as racial discrimination under federal and California law.
Racial discrimination in the workplace generally occurs in two different ways: disparate impact and disparate treatment. “Disparate impact” refers to work procedures that are fair in their construction but unfair and/or discriminatory in their execution. For example, a workplace policy might state that all employees are subject to testing, but the test itself is predisposed toward resulting in lower scores for members of a certain race.
“Disparate treatment” is more obvious. For example, if two employees of different racial backgrounds make the same type of mistake or commit similar policy violations at work, but the supervisor punishes one employee more harshly than the other on the basis of the employee’s race or skin color, this would be a solid example of disparate treatment.
Possible Damages in a Racial Discrimination Lawsuit
When an individual experiences any type of racial discrimination in the workplace, they may have the ability to recover certain damages depending on the effect the discrimination had on their life. An employment law attorney in Oakland, California can be a great asset in determining the damages available from a successful claim. Racial discrimination lawyers in Sacramento, California will help their clients determine the range of damages stemming from the racial discrimination incident and pursue compensation on their behalf.
Most racial discrimination lawyers in Sacramento or Oakland, California will seek compensatory damages and punitive damages for their clients. Compensatory damages are straightforward; these damages are awarded to repay the client for the direct economic impact of the racial discrimination. For example, if the client was denied employment on the basis of their race, part of the compensatory damages from a successful lawsuit could include placement in the job as well as back pay for the time missed from the position, repayment of missed benefits, and costs associated with the client’s job search. Compensatory damages may also include repayment for the emotional distress the client faced as a result of the racial discrimination.
Punitive damages, as the name suggests, serve to punish a defendant for intentionally malicious acts or especially grievous acts of racial discrimination. The court will award punitive damages; the client’s attorney does not expressly claim punitive damages in the lawsuit. The court will also likely order the employer to adjust their policies to ensure similar acts of discrimination do not occur in the future. If the discrimination was not rooted in company policy but rather occurred on the volition of a single person, such as a manager or supervisor, that individual will likely lose their job and could also face liability for the client’s damages, depending on the specific details of the situation.
Seek Legal Counsel for Racial Discrimination Today
If you or someone in your family has experienced any type of racial discrimination in the workplace, it is essential to take legal action as soon as possible. A racial discrimination lawyer in Sacramento or Oakland, California will offer the best chances of securing compensation for any resulting damages and holding the offending employer accountable.
The Ward Firm firmly believes that racial discrimination in the workplace has no place in American society. We stand firmly alongside our clients in their fights for justice when these incidents take place in the Sacramento or Oakland areas. Contact the Ward Firm today to schedule a consultation with an employment law attorney in Sacramento or Oakland, California and start building your case with reliable legal counsel at your side.