CALIFORNIA NATIONAL ORIGIN DISCRIMINATION LAW
The California Fair Employment and Housing Act prohibits an employer
from discriminating against any employee because of that employee’s
National Origin. Because there is rarely “smoking gun” evidence of
racial discrimination, circumstantial evidence will usually suffice. An
inference of discrimination is usually raised by showing that the
employee,
- Belongs to a protected class (i.e., comes from a country different
from that of the Company’s management or the majority of workers)
- Was subjected to an adverse employment action (like termination,
demotion, suspension).
- Similarly situated employees outside the protected class
were treated differently and more favorably.
In addition to raising an inference of discrimination in the manner set
forth above, an employee may do so via statistical evidence, comparative
evidence, or direct evidence. Direct evidence, such as discriminatory
comments made by the decisionmaker, is often the most persuasive.
However, in larger companies, it may be possible to use statistical
analysis to demonstrate that the employer systematically discriminates
against a particular race in hiring, promotions and terminations. Such
evidence would raise an inference that the action taken against a
particular employee of that race was also infected by racial animus or
prejudice. Comparative evidence also raises an inference of
discrimination by showing that different rules and standards were
applied for persons of different races.
Because discrimination cases usually turn on specific facts, and there
is usually a 1-year time limit for filing, it is important to consult
with an attorney as soon as possible after a potentially discriminatory
action has been taken.
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