Racial Discrimination in the Workplace Explained

Racial Discrimination Act in United States

Let’s Stop Racism!

Most people think about living the American dream. Leaving their countries to go to the United States and start their career in the country. After getting their jobs though and have settled in the country, that is when they realize how life is for immigrants in the US. What’s worse is that they tend to become victims of racial discrimination by the natives. In fact discrimination in the workplace has been going on since time immemorial.

The long fought battle against discrimination
African Americans and people from other different races have been continuously fighting against discrimination. This includes especially those that are currently working and residing in the United States. However, there have been recorded incidences of discrimination despite the many laws passed and implemented by the government.

What are the legislations that are aimed to fight discrimination in the workplace?
So far, the most prominent legislation is the Civil Rights Act of 1964. Under this law, no employer or co-employee can be discriminated against in the workplace based on his race or color. This doesn’t just apply to workers but also to the applicants of a company. Furthermore, this law prohibits discriminatory decision about a personnel’s potential promotion, layoff or other job actions against one’s color or race.

How are these laws enforced?
There are agencies like the Equal Employment Opportunity Commission (EEOC) is where employees can report incidents of discrimination that they experience in their respective workplaces. Through the agency, the Civil Rights Act is implemented and these reports and the respective companies are investigated, cases are filed, and these complaints are tried. The EEOC has managed to get a lot of individuals, employers, and companies held liable for various acts of discrimination against their workers.

What are the challenges that lie ahead in the fight against racial discrimination?
A Los Angeles discrimination attorney shared that though there have been amendments made to remedy the loopholes of the existing laws, more tweaks on the various employment laws should be done to improve the effectiveness of these laws. These he believes will be beneficial in ensuring that the fight against discrimination succeeds.

So if you have been a victim of such injustice in the workplace, act quickly and talk to a lawyer. This way, you will be able to file a case against the people that have been discriminating against you.


New Disability Discrimination Regulations Adopted for California FEHA

The California Fair Employment Housing Act, the state’s chief anti-discrimination law, has adopted new disability discrimination regulations after public comment was finalized earlier this year. Here, the definition of disability is now broadly interpreted freely under the FEHA.


Disability Discrimination in the Workplace is Prohibited

Credits: Guardian.co.uk


Moreover, the FEHA Commission has also urged that any disability discrimination cases filed with the Department of Fair Employment and Housing (DFEH) should focus on whether employers have provided reasonable accommodations to employees with disabilities, as well as whether both parties have met their obligations via an “interactive process,” and whether there is an event or episode of discrimination.


Also, the Commission also argued that when an employee meets the definition of disability under the FEHA, he or she must not undergo “extensive analysis” in order to prove the existence of a physical or mental condition. In many cases, the status of the employee as a person with disability is obvious right at the onset.


One of the highlights of the FEHA amendments regarding disability discrimination cases is on the “interactive process.” Here, it is the California employer’s obligation to engage in the interactive process with the disabled applicant or employee, especially when a request for accommodation is made, or when a disabled employee uses a leave under the California Family Rights Act (CFRA) or the federal Family and Medical Leave Act (FMLA).


Such amendments in the definition of disability were included in the FEHA, with language and concepts adopted from the federal Americans with Disabilities Act (ADA), making sure that the principles stated in the latter are not conflicting with that of the FEHA. But then, despite the broader definition of disability, additions to the FEHA provisions would cause confusion, and, more importantly, subsequent employment cases.


In any case, it is important for the disabled employee to consult or seek legal advice from a top employment and labor lawyer, especially when there is an issue of disability discrimination or any Los Angeles workplace discrimination.