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race discrimination
The United States has a long and difficult history around race discrimination and racial differences. Although gains have been made, discrimination on the basis of race and ethnicity in employment continues to impact thousands of employees each year. In 2006 alone, the U.S. Equal Employment Opportunity Commission received over 27,000 complaints alleging discrimination on the basis of race.
Race and ethnicity discrimination in employment is unlawful under both California and federal law. Your employer cannot treat you differently in your employment than it treats other employees based on your race or ethnicity. Unlawful race and ethnicity discrimination includes such things as:
- Discrimination in hiring, recruitment and advancement: Job requirements and criteria for hiring and promotion must be uniformly and consistently applied to all employees. Further, even if consistently applied, an employer’s policies cannot disproportionately impact a certain racial or ethnic group unless it serves a legitimate business purpose and there is no other less discriminatory way to achieve that purpose.
- Racial/ethnic harassment or hostile work environment: Similar to sexual harassment, the law prohibits unwelcome verbal, visual, or physical conduct of a racially or ethnically derogatory nature that is severe, persistent or widespread and creates an abusive or hostile working environment. Bullying or generalized harassment that is not based on race, ethnicity, sex or some other protected category, though unfortunate, is generally not illegal.
- Discrimination in compensation and other terms and conditions of employment: Race or ethnicity cannot be the basis for differences in pay, benefits, work assignments, discipline, performance evaluations, training, termination or any other area of employment.
The employment law practice group of Boxer & Gerson has extensive experience litigating and resolving race and ethnicity discrimination claims. If you believe that you have been subjected to race or ethnicity discrimination in your employment, please call us at 510-835-8870 or click here to complete our contact form.
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