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The nuances of what the public may refer to as race discrimination includes national origindiscrimination, ethnicity discrimination, and ancestry discrimination as separately prohibited in theworkplace under the California Fair Employment and Housing Act. The history of race discriminationin Los Angeles is extensive, and was not limited to only one group. However, Blacks, Chinese, Jews,and Latinos suffered horrific acts of hatred and housing discrimination. It is important to understandthe history of localized discrimination. Today Los Angeles is ethnically diverse, but tensions run highand the workplace is not free to discrimination.
Direct evidence of discrimination includes racial epithets, derogatory comments, inappropriateremarks, and direct comments exposing hatred due to these immutable characteristics. These typesof awful remarks can also be sued for as harassment on the basis of race, national origin, ancestry,or ethnicity. Sometimes, the emotional distress endured by having such remarks made create moredamage than one's lost wages especially if they promptly find a new job.
Indirect evidence is another way to prove discrimination in the workplace. A test called the,“McDonnell Douglas Test” is a legal test used prior to trial to indirectly prove discrimination inemployment.
Recently, there have been a lot of discussions about micro aggressions and gas lighting. It may bethat in the years to come the judiciary more fully understands micro aggressions. Micro aggressionsare quite subtle, yet express discriminatory animus. Discriminatory animus is hatred towards animmutable characteristic. If discriminatory animus does in fact exist the case is capable of beingwon. Lawyers are presently trying to help the court system understand that inflections in one's voice,and the treatment of a few words or pronouns have meaning in understanding the intent of thespeaker.
Pretext is another important concept in the proof of workplace discrimination. Reasons for a jobtermination that do not make any sense coupled with indirect or direct evidence of discriminationmay well prove that the real reason for the job termination was discriminatory.
PLEASE CALL (323) 525-1600 if you want to sue your employer for racial harassment, or you lost yourjob due to an immutable characteristic.
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