racial discrimination

Is a Single Epithet at Work Enough to Support Racial Harassment Claim?

March 23, 2021 | by Nassiri Law

Is the use of a single racial epithet enough to support a legal claim of harassment in California workplaces? Two lower courts weighing a discrimination/retaliation case said no, but the California Supreme Court will decide if that was the right call.

Plaintiff’s employment attorneys are arguing the the highly-offensive slur, directed toward plaintiff by a co-worker, was significant enough to support claims of discrimination, harassment, retaliation and failure to prevent discrimination and retaliation under the state’s Fair Employment and Housing Act.

Plaintiff worked for the San Francisco District Attorney’s Office, and the slur was made by a co-worker. Plaintiff alleged this ultimately spurred retaliation by a supervisor.

FEHA, Previous Court Rulings on Racial Discrimination

As our Los Angeles racial discrimination attorneys can explain, the FEHA prohibits discrimination on the basis of race, and harassment is one form of discrimination. Courts have held that the law is violated when someone’s workplace is steeped in a culture of discriminatory intimidation, ridicule and insult that is “sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment.” Harassment can include verbal harassment, which encompasses slurs, derogatory comments or epithets.

To establish a case of a racially hostile work environment just on first impression (prima facie), the worker needs to show that:

He/she belonged to a protected class/
He/she was subjected to unwanted racial harassment.
The harassment was based on race.
The harassment unreasonably interfered with plaintiff’s work performance.
The employer is liable for the harassment.

Iconic Hotel’s Former Staffers Allege Sexual Harassment, Racial Discrimination, Retaliation

February 8, 2021 | by Nassiri Law

The hotel industry has been hit hard by the coronavirus pandemic. The Chateau Marmont in Hollywood is no exception, so it was no great shock when hundreds of employees were laid off in the wake of tanking bookings. But in the months since, speculation has increased that the layoffs may have been more of a calculated effort to tamp down unionization efforts by staffers, several of whom allege flagrant workplace racial discrimination, sexual harassment and retaliation.

The Hollywood Reporter published an investigation into these claims against the landmark hotel late last year after speaking to more than 30 employees. In a recent follow-up, the publication revealed several employment lawsuits have been filed against the company and former CEO, who himself was accused of sexual misconduct by at least five employees.

The story is notable because dozens of employees broke the hospitality industry’s widely accepted code of silence to shine a light on what they say was longstanding racial discrimination and sexual misconduct that managers and owners were complicit in brushing aside, if not in perpetuating it themselves. The former owner firmly denied the allegations, but now will have to answer to some of them in court. Continue Reading ›

Alleged Gender, Racial Bias in Hiring Will Cost Google $2.6 Million

February 4, 2021 | by Nassiri Law

Unlawful gender and racial bias against women and Asians in the hiring process at Google will cost the company $2.6 million. Additionally, the U.S. Department of Labor is requiring the tech giant to review its practices for hiring and pay, fund an independent study on is own gender pay equity and provide the government routine updates on its efforts to reduce gender pay equity.

The lawsuit came about as part of a federal government contractor audit of numerous Google sites in California, Washington state and New York. That analysis revealed numerous indicators that the company was not in compliance with an executive order that prohibits discrimination in federal contractor hiring and wages.

The analysis indicated that over a three-year span starting in 2014, the company paid female engineers in numerous offices (including in California) substantially less than male engineers for the same jobs. Further, evidence indicated the company discriminated against women and Asian applicants applying to be engineers at several California sites. Continue Reading ›

California Racial Discrimination Complaint Filed Against Chan Zuckerberg Initiative

December 2, 2020 | by Nassiri Law

A former employee of the Chan Zuckerberg Initiative (CZI), the $80 billion philanthropic company Facebook Founder Mark Zuckerberg launched with his wife, pediatrician Priscilla Chan, has filed a complaint alleging racial discrimination. The worker, who is Black, worked for the company for two years, beginning in the fall of 2018.

The complaint alleges that while CZI speaks a big game of diversity and valuing employees of all backgrounds, Black workers are paid less, valued less, marginalized and denied opportunities within the firm. While non-Black employees are encouraged and supported in their advancement efforts, Black employees are slapped with an “aggressive” label and shut down. When Black workers expressed these concerns to superiors, the company responded defensively rather than accepting responsibility and trying to address the problems, the complaint alleges.

CZI is the company into which the Zuckerbergs have funneled 99 percent of their Facebook stock, to be used for charitable causes. In June, shortly after the death of George Floyd, Zuckerberg posted that CZI has given more than $40 million annually for a number of years to organizations committed to addressing racial injustice. Continue Reading ›

Racial Discrimination Alleged by Black Worker at Facebook

July 20, 2020 | by Nassiri Law

A Black employee for Facebook, represented by the Equal Employment Opportunity Commission, has alleged in a complaint he experienced racial discrimination at the firm, being denied promotions and pay raises and receiving unfair evaluations, despite “excellent” work performance. Meanwhile, two job applicants say they were denied the opportunity to work for the company – despite being qualified – because of their skin color.

According to the Associated Press, the employee was employed as an operations program manager at the social media firm. Facebook said it is committed to investigating allegations of racism. The AP reports that like many Silicon Valley companies, Black workers are underrepresented, accounting for less than 4 percent of the total number of Facebook employees and only 1.5 percent of the company’s technical workers.

Allegations of racial discrimination have been leveled before at the company. Although CEO Mark Zuckerberg declared last month that, “Black lives matter,” previous employees say the tech firm hasn’t made racial diversity a priority. Continue Reading ›

BLM Spurs Companies to Disavow Racial Discrimination, Critics Note Lacking Diversity

June 25, 2020 | by Nassiri Law

The death of George Floyd in Minneapolis last month sparked a global outcry over policing practices and a notable shift in the conversation over the Black Lives Matter movement. It also set off an avalanche of response from corporate America, which rushed to express solidarity with the black community, some promising billions of dollars collectively to advance the causes of racial equality and justice. Public reaction to this has been mixed, in part because it’s unprecedented; companies have been largely silent on this issue before now, despite the fact that it’s not a new one (as those of us in Los Angeles well know). But the other skepticism stems from the fact that many firms don’t appear to be as vigilant on equity and diversity within their own ranks.

Social justice advocates point out that racial disparities go far beyond policing and are calling on these companies to closely examine their hiring and promotion practices for possible racial bias.

As our Los Angeles racial discrimination lawyers can explain, lots of companies have committed to diversity in years past, some on their own and some because a court ordered them to do so. But in many corporations, there remains significant unchecked structural bias for people of color and also women. Continue Reading ›

Hair That Was “Too Black” Reportedly Part of Catalyst for Firing America’s Got Talent Star

December 6, 2019 | by Nassiri Law

American actress and voice artist Gabrielle Union was a popular fixture on America’s Got Talent this past season. Fans were shocked by NBC’s seemingly abrupt announcement that she wouldn’t be returning for a second season. Many more were troubled by allegations that followed – specifically that they were axed for complaining that the culture on set had become “toxic,” with Union and co-host Julianne Hough reportedly receiving multiple complaints that their hairstyles were “too black.”

The timing of the incident is noteworthy for the fact that it comes just a few weeks shy of California’s CROWN Act becoming law on Jan. 1, 2020. Also known as Senate Bill 188, the measure shields black women and men from workplace discrimination for wearing natural hairstyles. California was the first in the country to sign such a law. New York and New Jersey have become the second and third, several cities have done the same and more may follow.

As our workplace racial discrimination attorneys in Los Angeles can explain, these laws ban polices that penalize people of color for wearing their hair in natural curls, twists, dreadlocks, braids or other styles that embrace their cultural identity. Black women in particular have said they have felt pressure for decades (if not longer) to use chemical relaxers, weaves, excessive heat and other measures to conform to the straight hair standard of European hair. One analysis by Nielsen found that black consumers spent nearly $475 million on hair care just in a single recent year. Pressure to do so, many black women have said, is from schools or employers who refuse to accept braids or natural locks as a “neat” or “professional” hair style. Continue Reading ›

California Racial Discrimination Claims by Applicants Must be Filed Under FEHA

November 11, 2019 | by Nassiri Law

There are many federal and California laws that protect employees from discrimination and retaliatory action. It’s important when pursuing your claim to file under the proper cause of action to ensure the greatest change of success. That’s why it’s so important to choose an Orange County employment attorney with a wealth of experience and a verifiable track record of success.

Recently in Sacramento, a man sued a local baseball club for racial discrimination, alleging the club refused to hire him on the basis of his race. His complaint alleged common tort law violations under the Unruh and Ralph Civil Rights Acts, and further committed unfair business practices as outlined under Business and Professions Code section 17200.

The trial court dismissed his claim after finding that while failure or refusal to hire a prospective employee on the basis of race is a violation of public policy (including both the state Constitution as well as the General Code), the proper remedy through the California Fair Employment and Housing Act (FEHA). Were he an employee, he might have found resolution in a common law tort, but as an applicant, the claim needed be filed under FEHA. The California Court of Appeal, Third Appellate District affirmed.

It might seem a ridiculous technicality, but claims must be properly stated at the outset in order for courts to properly consider them. A slight misunderstanding of California’s employment statutes and case law could end up costing you valuable time. Improperly state your claim and you might run the risk of being forever barred from continuing to pursue it if you’re too late to file again before the statute of limitations runs out. Continue Reading ›

Workplace Racial Discrimination Protections Threatened in Pending SCOTUS Lawsuit

September 6, 2019 | by Nassiri Law

Dozens of civil rights groups have filed briefs with the U.S. Supreme Court, which has agreed to review a racial discrimination case against a large telecommunications conglomerate by a black Hollywood mogul. The concern is that depending on how the SCOTUS decides, workplace racial discrimination protections could be weakened.

The head of the NAACP characterized the harm that could be caused to civil rights could be “irreparable.”

The federal lawsuit filed in California by the entertainment executive alleges the television corporation refused to carry his cable TV channels, and asserts the company did so because of his race. He’s seeking $20 billion.

As Los Angeles racial discrimination attorneys can explain, the legal question at issue is whether a plaintiff in such a case needs to show whether race is the only reason for an adverse employment decision, or if it need only be proven that discrimination was a motivating factor. Continue Reading ›

Workers Allege Felony Records Make Them a Target Racial Discrimination

May 13, 2019 | by Nassiri Law

When a warehouse in Illinois employing some 600 workers was bought out by a giant retailer, employees were informed they would get raises and a sizable boost in benefits. Instead, some 200 of them – all African Americans, all with criminal histories – were fired. Now, many are alleging racial discrimination by their new employer.

Some of these individuals had worked years at the facility, their felony backgrounds not having been an issue previously. They are suing for racial discrimination in employment.

Many of those with felony convictions are confused about their employment rights. Some applicants and employees assume that such action is allowed and part of their “punishment.” Although it is true that some adverse treatment against applicants in hiring or in reorganization. What is not lawful, per Title VII of the Civil Rights Act of 1964, is disparate treatment or impact to individuals in a protected class using the felony conviction as a vehicle.