Race/National Origin Discrimination
California law strictly prohibits workplace discrimination based on race, national origin, ethnicity, or ancestry.
Employers may not make employment decisions or permit conduct that negatively affects a person because of these protected characteristics. Both overt and subtle forms of bias can lead to legal liability under state and federal law.
Legal Protections
Several laws protect workers from discrimination based on race or national origin:
- California Fair Employment and Housing Act (FEHA): Applies to employers with five or more employees and prohibits discrimination and harassment based on race, national origin, color, and ancestry.
- Title VII of the Civil Rights Act of 1964: A federal law applying to employers with 15 or more employees that bans discrimination based on race or national origin.
These laws cover hiring, termination, promotions, compensation, training opportunities, and all other aspects of employment.
Case Results
What Counts as Discrimination?
Unlawful discrimination can occur through:
race or ethnic background
disproportionately affecting employees
of a certain racial group
about race, accent, immigration status,
or national origin
or burden individuals from certain racial
or ethnic groups
only” without a valid business necessity
The law also protects individuals from perceived racial or ethnic traits, and from discrimination based on association with someone of a particular background.
Employer Responsibilities
Employers must:
- Maintain a workplace free from racial or ethnic harassment
- Implement anti-discrimination policies and training
- Take prompt, corrective action in response to complaints
- Ensure fair treatment in hiring, evaluation, and discipline practices
Allowing a racially hostile work environment to persist—whether created by managers, coworkers, or third parties—can result in legal liability.
Filing a Complaint
Employees may file a complaint with:
- The California Civil Rights Department (CRD) within one year, or
- The Equal Employment Opportunity Commission (EEOC) within 300 days
After an investigation, the agency may issue a “right-to-sue” letter allowing the employee to pursue a lawsuit in court.
Legal Remedies
If race or national origin discrimination is proven, available remedies include: