Hispanic workers are a driving force behind the California economy. Without their help California’s economic engine would quickly fall to pieces. Even though almost everyone understands this, there are still significant pockets of anti-hispanic discrimination that exist. Mr. Robertson receives calls on a daily basis from hispanic workers who describe discrimination and unfair treatment in the workplace.
Continue reading to learn a little about what California employment law says about harassment and discrimination of Hispanic workers. If you are a Hispanic employee who feels he or she has been treated unlawfully in the workplace, call the law office of Branigan Robertson. Tell us your story, and find out how we can help.
Discrimination Against Hispanic Workers – What Does the Law Say?
In California, there are many different laws, both state and federal, that protect workers from unfair treatment in the workplace. At the federal level, there is the Civil Rights Act, which is mirrored at the state level by the Fair Employment and Housing Act (FEHA).
Other laws may also apply in an employment situation, and a good attorney will carefully review all the facts of an employee’s story before deciding on a legal strategy. A Hispanic employee who is concerned they have been treated unlawfully needs to know foremost, that when it comes to discrimination and harassment in the workplace, state law is clear. An employer cannot discriminate against a person based on their race, religious creed, color, national origin or ancestry.
If you are a Hispanic worker, and you feel you’ve been denied employment, or treated differently compared to non-Hispanic employees in terms of “compensation … conditions, or privileges of employment,” then there is a good chance your employer has violated Section 12940 of the Fair Employment and Housing Act. It might be time to contact an employment lawyer, tell your story, and find out if you have a case worth pursuing.
Types of Discrimination Against Hispanic Employees
Discrimination can take several different forms. It is important to remember that harassment and discrimination are unlawful if they are based on protected characteristics — a person’s race, skin color, national origin, religious creed (as well as other traits). Discrimination and harassment can range from relatively mild microaggressions, to severe abuse. It can include:
- Racist jokes
- Backhanded remarks
- Wrongful termination
- Broad Generalizations about Hispanic workers (“You people” statements)
- Exclusion from team meetings
- Failure to hire
- No opportunities for advancement
- Repeatedly denied promotions despite positive performance reviews
- Unfair performance reviews
- Threats of violence
- Intimidating remarks
- Unlawful harassment
- Hostile work environment
Compensation for Hispanic Employees Who Have Experienced Workplace Discrimination
No attorney can predict how much an employee will win in a discrimination lawsuit. However, it is possible to discuss the types of compensation available. These include:
Lost Wages – An employee who is wrongfully terminated because of discrimination could be entitled to his or her salary for each year he or she is unable to find work. An employee making $60,000 at the time of termination, who is unable to find work for three years could be awarded $180,000 in lost wages.
Pain and Suffering – This is awarded to compensate employees who experience intangible damages such as anxiety, depression, insomnia, or other associated health issues stemming from the discrimination or harassment. Pain and suffering are often determined following the testimony of mental health, and medical experts.
Punitive damages – These are the big dollar amount damages that make headlines. They are designed to punish companies who act with malice, fraud or oppression. While punitive damages can total tens of millions of dollars, the standard of proof is much higher than it is for the previously mentioned types of compensation.
Contact Our Office for a Free Consultation
Because our office receives so many calls every day, Mr. Robertson is unable to offer free advice. However, there is no charge to speak to an intake specialist, and have Mr. Robertson review the facts of your case. Mr. Robertson personally reviews every intake his office receives.
If he believes you have a strong case, Mr. Robertson might be able to represent you on a contingency basis. This means you don’t pay attorney’s fees out of pocket, instead, the attorney is paid with a portion of the final award or settlement at the conclusion of the case.If you believe you’ve been treated unfairly by an employer or coworker because you are Hispanic. Contact Mr. Robertson’s office to schedule a consultation.