CALIFORNIA RACE DISCRIMINATION LAW
The California Fair Employment and Housing Act prohibits an employer
from discriminating against any employee because of that employee’s
race. 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.
- 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 one 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.
DISCLAIMER: This website is intended to provide general information only. Nothing contained in this article, or on this website, is intended to provide legal advise. By using this website you acknowledge and agree that you have not formed an attorney-client relationship with the Feldman Law Firm and will not not rely on any information contained on this website without personally speaking with one of our attorneys. You further understand and acknowledge that Feldman Law Firm strongly encourages anyone who believes they may have a claim to communicate directly with a lawyer, whether from the Feldman Law Firm or any other firm.
|
