Racial Discrimination
Racial discrimination in the workplace occurs when an employee is treated unfavorably because of their race, skin color, ancestry, or characteristics associated with race, such as hair texture and protective hairstyles. California's anti-discrimination laws are among the strongest in the nation, providing comprehensive protections that exceed federal law. If you have been denied opportunities, harassed, or terminated based on your race, you have legal rights.
FEHA Prohibition on Racial Discrimination
The Fair Employment and Housing Act prohibits employers with five or more employees from discriminating on the basis of race and color. Unlike federal Title VII, which requires 15 employees, FEHA covers a far broader range of California workplaces. It also covers independent contractors in harassment cases.
The CROWN Act (Creating a Respectful and Open World for Natural Hair)
California's CROWN Act, enacted in 2019, explicitly prohibits discrimination based on hair texture and protective hairstyles, including braids, locs, and twists. This law recognizes that natural hair discrimination is a form of racial discrimination and was codified into FEHA.
Disparate Impact Claims
California law recognizes both disparate treatment (intentional discrimination) and disparate impact (facially neutral policies that disproportionately affect a particular race) claims. For example, height requirements, arrest record policies, or educational requirements that are not job-related and disproportionately exclude certain racial groups may be illegal.
What is Racial Discrimination Under California Law?
Racial discrimination is any adverse employment action — including hiring, firing, pay, job assignments, promotions, layoffs, training, benefits, and any other term or condition of employment — that is based on an employee's race, color, or national origin. California's FEHA also prohibits harassment based on race and protects against discrimination based on traits historically associated with race, including hair texture and protective hairstyles under the CROWN Act.
Key Statistics
- The EEOC received over 20,000 race-based discrimination charges nationwide in fiscal year 2023
- Race discrimination consistently ranks as the most common charge filed with the California Civil Rights Department
- California's CROWN Act has inspired similar legislation in over 20 states since its passage in 2019
Frequently Asked Questions
Can my employer enforce a dress code that bans natural hairstyles?
Under California's CROWN Act, employers cannot prohibit or restrict hairstyles associated with race, including braids, locs, twists, and afros. Dress codes that disparately impact employees of a particular race may also violate FEHA's prohibitions against racial discrimination.
What should I do if I hear racial slurs at work?
Report the conduct to HR or a supervisor immediately and document the incident in writing, including dates, times, and witnesses. Even isolated racial slurs, especially from a supervisor, can support a hostile work environment claim. If your employer does not take corrective action, consult with an employment attorney.
How do I prove racial discrimination in hiring or promotions?
Evidence can include comparative treatment (showing you were treated differently from similarly situated employees of other races), statistical evidence of underrepresentation, statements reflecting racial bias by decision-makers, the timing of adverse actions, and pretextual justifications — reasons given that are shown to be false or inconsistent.
Why Hire Us For Your Racial Discrimination Case?
California Employment Law Expertise
Our firm has a deep commitment to combating racial discrimination in the workplace. We understand the subtle and overt forms that racial bias can take — from discriminatory hiring and promotion practices to racial harassment and hostile work environments. We take a strategic approach to uncovering disparate treatment and building compelling cases that expose discriminatory patterns and practices.
No Upfront Fees
We work on a contingency fee basis, meaning you don't pay us unless we win your case.
Proven Record
We have a proven record of securing substantial compensation for our clients.
Contact Us
Racial discrimination has no place in the modern workplace, yet it persists. If you have been treated unfairly because of your race at work, contact The Azizi Firm for a free consultation. We represent employees statewide on a contingency fee basis — no fees unless we win.