Racial discrimination in the workplace is illegal, but it still happens every day. From unfair hiring practices to racially charged remarks or retaliation after speaking out, discrimination can take many forms. At Le Clerc & Le Clerc LLP, we help employees across California hold employers accountable for race-based mistreatment.
Our San Francisco employment lawyers have decades of experience representing workers in discrimination and retaliation cases under both federal and state law. We fight to ensure that every employee is treated with dignity, respect, and equality in the workplace.
What Constitutes Race Discrimination Under the Law
Race discrimination occurs when an employer treats an employee or job applicant unfairly because of their race, skin color, ancestry, or traits historically associated with race. Both federal and California laws prohibit this type of bias:
- Title VII of the Civil Rights Act of 1964 makes it illegal to discriminate based on race, color, or national origin.
- The California Fair Employment and Housing Act (FEHA), found in Government Code §12940 et seq., provides even broader protection for employees.
California law also protects against discrimination related to traits associated with race, such as hair texture and protective hairstyles, through the CROWN Act (Creating a Respectful and Open Workplace for Natural Hair). This law ensures that employees cannot be punished or excluded for wearing natural hairstyles like braids, locs, twists, or afros.
Discrimination can be direct, such as refusing to hire someone because of their race, or indirect, when a company policy disproportionately harms employees of a certain race, even if it appears neutral on its face.
Common Forms of Racial Discrimination in the Workplace
Racial discrimination is often subtle, but its effects are profound. It can influence nearly every aspect of employment, from hiring and pay to daily interactions and career advancement. Some of the most common examples include:
Hiring and Promotion Bias
Employers may pass over qualified candidates or promote less-qualified individuals from other racial groups, sometimes justifying the decision with vague or subjective reasons.
Pay Disparities
Employees of color may receive lower wages, bonuses, or benefits than their white counterparts for performing comparable work. Pay secrecy policies can make this inequality harder to uncover.
Discriminatory Discipline or Termination
A worker might be disciplined or fired for minor infractions that others are allowed to get away with. This pattern often reveals systemic bias in how workplace policies are enforced.
Hostile Work Environment
Racial slurs, jokes, stereotypes, or symbols can create a toxic workplace. A single comment might not rise to the level of harassment. Still, repeated or severe incidents can make the environment unbearable.
Exclusion and Segregation
Employers sometimes isolate employees of color from client-facing roles, high-visibility projects, or social activities, limiting opportunities for advancement.
Appearance and Hair-Based Discrimination
Policies that ban natural hairstyles or require “professional” looks that align with Eurocentric standards can violate the CROWN Act and FEHA.
These actions may seem small in isolation, but over time, they create deep inequities that the law is designed to address.
The CROWN Act and Hair Discrimination
California’s CROWN Act, passed in 2019, explicitly bans workplace discrimination based on hairstyles historically associated with race. Before this law, many employees faced pressure to straighten or cut their natural hair to appear “professional.” The CROWN Act recognizes that these grooming policies often reflect racial bias and ensures that employees have the right to wear hairstyles that reflect their culture and identity.
If your employer disciplined, demoted, or refused to hire you because of your hairstyle, Le Clerc & Le Clerc LLP can help you take legal action. Our attorneys understand how to prove subtle forms of racial discrimination and hold employers accountable under the CROWN Act and FEHA.
Retaliation After Reporting Race Discrimination
It is illegal for an employer to retaliate against an employee who reports racial discrimination, files a complaint, or participates in a workplace investigation. Yet retaliation remains one of the most common violations we see.
Retaliation can take many forms:
- Sudden negative performance reviews after filing a complaint
- Demotion or reassignment to undesirable tasks
- Hostile treatment from supervisors or coworkers
- Termination soon after raising concerns
Both FEHA and Title VII protect workers from these retaliatory actions. Our firm regularly represents employees who experienced backlash for standing up for themselves or others.
Proving Race Discrimination in California
Discrimination cases often rely on patterns and context, rather than a single piece of direct evidence. At Le Clerc & Le Clerc LLP, we gather and present the evidence necessary to prove discrimination under the burden-shifting framework established by the McDonnell Douglas v. Green (1973) decision and California cases such as Guz v. Bechtel National, Inc. (1997).
Evidence can include:
- Comparative treatment showing that employees of different races were treated differently under similar circumstances
- Documentation such as emails, texts, and HR reports
- Witness testimony from coworkers or supervisors
- Statistical evidence showing systemic bias in hiring or promotion
Even when discrimination is not openly expressed, inconsistencies in an employer’s explanations or suspicious timing can be powerful indicators of unlawful conduct.
Employer Liability and Legal Remedies
An employer can be held legally responsible for racial discrimination by supervisors, managers, or coworkers if the company knew (or should have known) about the conduct and failed to stop it. Under FEHA and Title VII, employees who prove discrimination may be entitled to significant remedies, including:
- Back pay for lost wages
- Front pay for future losses
- Reinstatement to their position
- Compensation for emotional distress
- Punitive damages for willful misconduct
- Attorney’s fees and costs
These remedies are designed not only to make victims whole but also to deter future discrimination by holding employers accountable.
How Le Clerc & Le Clerc LLP Builds Strong Race Discrimination Cases
Our firm’s approach is both strategic and compassionate. We understand that speaking out against discrimination can be intimidating, especially when it means challenging a powerful employer. From the first consultation, our attorneys focus on protecting your rights and building a compelling case based on solid evidence.
Our process includes:
- Conducting a thorough investigation and document review
- Interviewing witnesses and identifying patterns of bias
- Consulting with employment experts when needed
- Negotiating assertively in mediation or settlement discussions
- Taking the case to trial when justice demands it
Le Clerc & Le Clerc LLP has a proven record of success in complex employment discrimination cases throughout the Bay Area and beyond. We are known for combining rigorous legal strategy with deep respect for every client’s story.
Frequently Overlooked Forms of Racial Discrimination
Not all discrimination is overt. Many cases involve implicit bias or intersectional discrimination, or bias that occurs at the crossroads of race and other protected traits like gender, disability, or age. Employees may also experience:
- Accent or language-based discrimination
- Tokenism and performative diversity practices
- Biased evaluations during layoffs or promotions
- “Cultural fit” justifications that exclude people of color
Even when these actions are subtle, they can violate FEHA and federal law. Our attorneys know how to uncover and prove these systemic issues in court or during negotiations.
Filing a Race Discrimination Complaint in California
Employees who experience race discrimination have the right to file a complaint with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC).
- Under FEHA, employees typically have three years from the date of the discriminatory act to file with the CRD.
- Under Title VII, employees have 300 days to file with the EEOC.
Once the agency investigates, it may issue a right-to-sue letter, allowing the employee to proceed with a civil lawsuit. Working with an experienced employment attorney ensures these steps are completed properly and within the deadlines.
How Long Race Discrimination Cases Take
The timeline for a race discrimination case varies based on the complexity of the facts and whether the case settles or goes to trial. Administrative investigations may take several months, and civil litigation can last a year or longer. Despite the challenges, many cases resolve successfully through early settlement or mediation. Throughout the process, Le Clerc & Le Clerc LLP keeps clients informed, empowered, and supported.
Why Choose Le Clerc & Le Clerc LLP
Le Clerc & Le Clerc LLP is one of California’s leading employment law firms, representing employees throughout San Francisco, Oakland, San Jose, and the greater Bay Area. Our attorneys bring decades of combined experience in discrimination, harassment, and retaliation litigation. We understand the emotional and financial toll that workplace discrimination takes, and we are committed to achieving justice for our clients.
We offer:
- Proven experience in FEHA and Title VII litigation
- Deep understanding of California employment law and procedure
- A track record of favorable verdicts and settlements
- Personalized, compassionate representation
Contact Le Clerc & Le Clerc LLP
If you believe you have experienced race discrimination at work, you do not have to face it alone. The attorneys at Le Clerc & Le Clerc LLP can help you understand your rights, document what happened, and pursue justice. We offer confidential consultations and represent employees across California.
Call our San Francisco office at 415-445-0900 or send us an email to schedule a consultation today.
Frequently Asked Questions About Race Discrimination at Work
What qualifies as race discrimination under California law?
Race discrimination occurs when an employer treats an employee or job applicant unfairly because of their race, color, ancestry, or physical traits historically associated with race, such as hair texture or protective hairstyles. It can include hiring bias, unequal pay, unfair discipline, harassment, or denial of promotions based on race. Both the federal Civil Rights Act and California’s Fair Employment and Housing Act (FEHA) prohibit these practices.
Can my employer retaliate against me for reporting race discrimination?
No. It is illegal for your employer to retaliate against you for reporting race discrimination, filing a complaint, or participating in an investigation. Retaliation can take the form of demotions, pay cuts, termination, or even subtle acts like isolating you from key meetings or projects. If you experience retaliation, you may have a separate legal claim in addition to the underlying discrimination case.
What should I do if I’m experiencing racial harassment or discrimination at work?
Document everything. Keep a detailed record of incidents, dates, witnesses, and communications. Report the issue internally through your company’s HR department or complaint procedures, if it feels safe to do so. You can also contact an employment attorney or file a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). Speaking with an attorney early can help you navigate the process strategically and protect your rights.
Do I need proof of intentional racism to file a claim?
No. You don’t need explicit proof of racial intent, such as slurs or direct statements. Many successful discrimination claims are supported by circumstantial evidence, such as inconsistent discipline, sudden changes in treatment, or statistical disparities indicating bias. An experienced employment lawyer can help you gather and interpret this evidence.
Can I sue my employer directly for discrimination?
Usually, you must first file an administrative complaint with the CRD or EEOC and obtain a “right-to-sue” letter. Once that letter is issued, you can bring a lawsuit in court seeking damages such as lost wages, emotional distress compensation, and punitive damages in cases of willful misconduct.
What if my employer says the decision wasn’t about race?
Employers often try to justify their actions by citing performance or policy reasons. However, if those explanations are inconsistent or not supported by evidence, they may be considered a pretext for discrimination. An attorney can help uncover inconsistencies through records, witness interviews, and internal communications.
Can race discrimination occur between people of the same race?
Yes. Discrimination laws protect all employees from race-based bias, including cases where both the victim and the perpetrator belong to the same racial group. Courts recognize that racial bias can exist within and across racial and ethnic lines.
How much compensation can I recover in a race discrimination case?
The amount varies depending on your situation, but potential remedies can include back pay, reinstatement, emotional distress damages, and punitive damages. Some cases also allow for recovery of attorney’s fees and litigation costs. Your attorney will evaluate the strength of your case and estimate potential compensation based on the facts.