When tallying complaints to the Equal Employment Opportunity Commission, race discrimination is the most common type of discrimination reported. Here is what you should know before consulting a race discrimination attorney in Los Angeles.
Race discrimination in the workplace occurs when an employer makes any work-related decision based upon the race of an employee. Laws at the federal and state level strictly prohibit race discrimination in all employment matters.
Race discrimination can be broken down into two categories: disparate treatment discrimination and disparate impact discrimination. In instances of disparate treatment, an employee makes a claim that he or she was treated differently by an employer than other employees who were in a similar situation. Examples of disparate treatment are when all promotions are given to individuals of a certain race, or when drug tests are ordered only for individuals of one race. Furthermore, an employer cannot discriminate based upon physical features, including hair types or facial features, that are typically associated with a particular race.
In disparate impact discrimination a policy may seem, on the surface, to be race-neutral, yet it ends up disproportionately affecting one race over another. Examples of disparate impact include height requirements that unintentionally weed out a disproportionate number of candidates from select racial groups, or bans on employees with criminal records. However, if an employer can provide a legitimate work-related reason for a disparate impact decision, such as the machinery requires an employee to be a certain height to safely operate it, then a height requirement would be legal.
With these guidelines, you can determine whether or not race discrimination has occurred. If you need the services of a race discrimination attorney in Los Angeles, contact us at Jackson & Associates for more information about our legal services.