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For the 9 to 5s

How Do I Prove I Have Been Discriminated Because of My Race?

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Racial discrimination at work occurs when an employee is treated unfavorably because of their race. While personality conflicts between coworkers or bad management may be unfair, they are  generally not illegal. To show unlawful race discrimination there must be evidence that the actions were motived, at least in part, due to your race.

The most common types of race discrimination include:

  • Screening out qualified minority job applicants
  • Refusing to hire qualified minority job applicant
  • Denying a minority employee a promotion or giving the promotion to another coworker with less experience but who is outside the protected class
  • Subjecting employees of a particular race to disciplinary action or firing
  • Implementing pay discrepancies based on an employee’s racial background
  • Engaging in harassment of employees based on their race, including comments or jokes regarding their race
  • Creating employment policies aimed at certain racial or ethnic groups

If you believe you have been discriminated because of your race, it is important to gather evidence in the form of documents (emails, text messages, social media, direct messages), witnesses, and prior complaints and/or lawsuits. Make sure that you speak to an attorney before gathering evidence to prepare for a lawsuit. If you inadvertently put your employer on notice of your intent to sue, your employer may block your efforts to gather evidence.

Because these situations are extremely fact specific, it is important to speak to an experienced employment attorney about your situation to determine if you have a case. Contact Luna Legal Firm P.C. for a free phone consultation at info@lunalegalfirm.com.

Disclaimer: This is attorney advertising. This does not constitute a guarantee, warranty, or prediction regarding your legal matter. This does not constitute legal advice nor does it create an attorney-client relationship. This is intended to serve as general public information. The laws on these subject matters change periodically, thus this information may not be up to date. Advertising by Luna Legal Firm P.C., 16501 Ventura Blvd. Suite 400, Encino, CA 91436.

Silvia Luna, Esq.

Silvia Luna, Esq., founded Luna Legal Firm with one goal: to provide compassionate, bilingual legal services to individuals and small businesses in need. With years of experience in employment law, personal injury, and business consulting, Silvia is dedicated to making sure her clients feel heard, understood, and protected. She’s not just your lawyer—she’s your advocate, partner, and guide through every legal challenge.