Race Discrimination in the Workplace

Employment Law

Understanding Race Discrimination Law in California

Race discrimination continues to pervade American workplaces in both overt and subtle forms. From biased hiring practices to hostile work environments, from unequal pay to retaliatory firings, racial bias denies qualified workers the opportunities they have earned. At The Law Offices of Farris Ain, we have seen how profoundly race discrimination affects our clients’ careers, financial security, and personal dignity. We are committed to holding employers accountable and securing the justice our clients deserve.

California’s FEHA Protections Against Race Discrimination

California’s Fair Employment and Housing Act (FEHA), Government Code section 12940, makes it unlawful for an employer to discriminate against any person in hiring, firing, compensation, terms, conditions, or privileges of employment because of race, color, or ethnic group identification. FEHA provides some of the strongest anti-discrimination protections in the nation:

• Lower employer threshold: FEHA applies to employers with five or more employees, covering far more workers than federal law.
• Broader standard of proof: Under FEHA, race need only be a “substantial motivating factor” in the employer’s decision—a significantly lower bar than the federal “but-for” standard.
• Comprehensive coverage: FEHA prohibits discrimination in every aspect of the employment relationship, including recruitment, hiring, promotions, transfers, compensation, benefits, training, and termination.
• No damage caps: There is no statutory limit on compensatory or punitive damages under FEHA, unlike federal Title VII.
• Harassment protections: FEHA explicitly prohibits racial harassment and holds individual supervisors personally liable for harassing conduct.

To file a FEHA claim, you must submit a complaint to the Civil Rights Department (CRD) within three years of the discriminatory act. You may also request an immediate right-to-sue letter to proceed directly to court.

Federal Protection Under Title VII

Title VII of the Civil Rights Act of 1964, codified at 42 U.S.C. § 2000e, is the landmark federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Title VII applies to employers with 15 or more employees and covers both disparate treatment (intentional discrimination) and disparate impact (facially neutral policies with discriminatory effects).

To pursue a federal claim, you must file a charge with the Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory act in California (a “deferral state” with its own enforcement agency). While Title VII provides important protections, its damage caps and higher burden of proof make California’s FEHA the generally preferred statute for race discrimination claims.

The CROWN Act: Protecting Natural Hair

In 2019, California became the first state in the nation to enact the CROWN Act (Creating a Respectful and Open World for Natural Hair). Signed into law as SB 188 and effective January 1, 2020, the CROWN Act amended FEHA’s definition of “race” in Government Code section 12926(w) to expressly include:

• Hair texture — natural, unaltered hair in all its forms
• Protective hairstyles — including braids, locs, twists, Bantu knots, afros, and other styles historically associated with race

This means any employer grooming policy, dress code, or workplace rule that bans, restricts, or penalizes natural hairstyles constitutes racial discrimination under California law. Employers can no longer require employees to straighten their hair, remove locs, or alter protective styles as a condition of employment. The CROWN Act applies to both employment and education settings.

Common Forms of Race Discrimination

Race discrimination in the workplace takes many forms, some blatant and others difficult to detect without examining patterns of behavior. We have represented clients who experienced:

• Failure to hire: Being rejected for a position despite superior qualifications, particularly when the employer hires a less-qualified candidate of a different race.
• Wrongful termination: Being fired based on race, often disguised as a “performance issue” or “restructuring” while employees of other races with similar or worse performance are retained.
• Unequal pay: Receiving lower compensation than similarly situated employees of a different race performing substantially the same work.
• Hostile work environment: Enduring racial slurs, offensive jokes, derogatory comments, racist imagery, or other conduct severe or pervasive enough to alter the conditions of employment.
• Denial of promotions: Being consistently passed over for advancement while less-qualified employees of other races are promoted.
• Racial harassment: Targeted, persistent mistreatment based on race from supervisors, coworkers, or even clients or customers, which the employer fails to address.
• Segregation of duties: Being assigned to less desirable tasks, shifts, locations, or client accounts based on race.
• Retaliation: Facing adverse consequences for reporting racial discrimination, filing a complaint, or supporting a coworker’s claim.

Disparate Treatment vs. Disparate Impact

Race discrimination claims generally proceed under one of two legal theories:

Disparate treatment involves intentional discrimination—an employer treats an employee differently because of their race. This can be proven through direct evidence (explicit racial statements) or circumstantial evidence (showing the employer’s stated reason is pretextual). The burden-shifting framework from McDonnell Douglas Corp. v. Green governs most circumstantial evidence cases.

Disparate impact, established in the landmark case Griggs v. Duke Power Co., challenges facially neutral employment policies or practices that disproportionately affect a racial group. No discriminatory intent is required. Instead, the plaintiff demonstrates through statistical or other evidence that the policy has an adverse effect on a protected group. The employer must then justify the policy as job-related and consistent with business necessity.

Time Limits for Filing

Acting promptly is critical to preserving your legal rights. Under California law, you must file a complaint with the Civil Rights Department (CRD) within three years of the discriminatory act. For federal Title VII claims, you must file with the EEOC within 300 days in California. Missing these deadlines can permanently bar your claim, regardless of how strong it is. If you believe you are experiencing race discrimination, we encourage you to contact an attorney as soon as possible.

“No one should face barriers at work because of their race or ethnicity. When employers discriminate, we hold them accountable—and we fight to make it right.”