At Fairchild Employment Law, our San Diego employment attorneys provide high-quality legal services to workers in San Diego, California, who are facing harmful workplace discrimination. We understand how isolating, traumatic, and overwhelming racial discrimination can be for victims. Rather than facing your employer alone, contact us to have an experienced San Diego racial discrimination lawyer stand by your side and fight for justice. We offer free initial case evaluations in San Diego.
Why Choose Fairchild Employment Law?
- Our founder, Jillian Fairchild, spent 15 years working as a defense attorney before founding Fairchild Employment Law. This gives her an advantage in knowing how the other side thinks.
- We have decades of experience in employment law and a track record of success. We recently achieved a $1.4 million result for a racial discrimination case.
- We understand the stress and struggles that come with employment discrimination. We will be in your corner every step of the way to ensure you get fair treatment.
- You won’t pay us anything in attorney’s fees unless your workplace discrimination case results in financial compensation in the form of a settlement or judgment award.
How a Racial Discrimination Attorney Can Help You
Speaking to a San Diego racial discrimination lawyer can help you understand your legal rights and the protections you are afforded under California law. A workplace discrimination attorney can investigate and analyze our clients place of employment to search for discriminatory patterns or examples of harassment based on your race or skin color.
Then, your employment lawyer can seek legal remedies on your behalf, such as backpay for lost wages, emotional distress compensation, punitive damages, and policy changes. Although the vast majority of workplace discrimination cases in California reach settlements, an employment law attorney will have the power to take your case to trial in pursuit of fair and full compensation, if necessary.
What is Racial Discrimination?
There are two types of race discrimination: disparate treatment and disparate impact. The first refers to an employer treating an employee differently because of his or her race, color, ethnicity, or national origin. This can include actions such as discrimination, retaliation, harassment, refusal to hire, denial of promotions, and wrongful termination.
Disparate impact refers to practices or policies at a company that unfairly affect employees of a certain race, even if this was not the intention. Examples are certain types of pre-employment tests and credit history requirements. Both types of race discrimination are prohibited by state and federal laws in California.
Expanded Protections for Hair Texture and Protective Hairstyles
California became the first state in the country to ban workplace hair discrimination when the CROWN Act (SB 188) took effect on January 1, 2020. The law amended FEHA’s definition of “race” under Government Code § 12926 to include traits associated with race, specifically covering natural hair texture and protective hairstyles such as:
- Braids
- Locs
- Twists
- Knots
- Cornrows
This list is not exhaustive; any hairstyle that is culturally associated with race falls within the law’s protections. Before the CROWN Act, employers could enforce grooming policies that prohibited these styles and defend them as race-neutral.
However, that is no longer the case. A 2024 amendment through AB 1815 strengthened the law further by clarifying the definition and extending its reach to public accommodations under the Unruh Civil Rights Act.
Proving Race Was a Substantial Motivating Factor in Your Termination
If you were fired and believe race played a role in that decision, California law requires you to show that your race was a “substantial motivating factor” in the termination. Under the standard established in Harris v. City of Santa Monica (2013), race does not have to be the only reason or even the primary reason for your firing. It simply must be more than a remote or trivial factor in your employer’s decision.
Most racial discrimination cases are proven through circumstantial evidence rather than a single direct statement. The kinds of evidence that can support your claim include:
- Being treated differently from coworkers of another race who had similar job performance
- Receiving termination shortly after reporting racial bias or filing a discrimination complaint
- Inconsistent enforcement of workplace policies across racial lines
- Contradictory explanations from your employer about why you were let go
Once you present this evidence, the burden shifts to your employer to offer a legitimate, nondiscriminatory reason. From there, you have the opportunity to demonstrate that the stated reason is a cover for racial bias.
Understanding Your Legal Rights
If you are a victim of workplace discrimination in San Diego, you have the right to take action. The California Fair Employment and Housing Act (FEHA) gives you the right to an employment discrimination-free work environment. If your employer has violated this state law, the company can be held legally and financially responsible for the losses you suffered as a result.
Uncapped Damages and Compensation for Racial Bias
One of the most significant advantages of pursuing a racial discrimination claim under California’s FEHA is that your damages are not capped. Federal Title VII places limits on how much you can recover in compensatory and punitive damages, but FEHA imposes no such ceiling.
If your claim succeeds, the compensation available to you may include:
- Back pay for lost salary and benefits from the date of termination
- Front pay for future earnings lost as a result of the discrimination
- Emotional distress damages for the psychological impact of the conduct
- Punitive damages under Civil Code § 3294 if your employer acted with malice, oppression, or fraud
- Attorney’s fees and court costs
California racial discrimination cases frequently produce recoveries well beyond what the same facts would yield under federal law in light of the fact that emotional distress and punitive awards are both uncapped. The value of your case will ultimately depend on things like the strength of your evidence and the severity of your employer’s conduct, among other factors pertinent to the case at hand.
Talk to a Racial Discrimination Attorney in San Diego Today
Your race, ethnicity, skin color, and cultural attributes – including hairstyles and your natural hair texture – are all protected traits under California law. Do not stand for an employer or coworker harassing or discriminating against you because of them. Help is available. Contact our attorneys to arrange a free discussion about your employment discrimination case. Call (619) 306-1454 today.