How to Spot Racial Discrimination in the Workplace

December 24, 2024

Table of Contents

1. Key Takeaways
2. Is This Your Situation?
3. What Are the Signs of Racial Discrimination in the Workplace?
   1. Different discipline for the same conduct
   2. Unequal pay
   3. Grooming and hair rules
   4. Opportunities that go to one group
   5. Neutral rules that hit one group harder
4. When Is Racial Harassment at Work Illegal?
5. California Law vs. Federal Law on Race Discrimination
6. Can My Employer Retaliate If I Complain?
7. What to Consider If You Experience Racial Discrimination
8. What Can You Recover?
9. How Long Do I Have to File a Racial Discrimination Claim?
10. When to Talk to a California Employment Lawyer
11. Frequently Asked Questions
    1. Can my employer ban braids or locs?
    2. Can a coworker be personally liable for racial harassment?
    3. My employer has fewer than 15 employees. Am I protected?

Racial discrimination in the workplace is often quieter than slurs or open hostility. It can look like a pay gap no one explains, discipline that falls harder on some workers, or a grooming rule that targets certain hairstyles. Below, we explain how California law defines race discrimination, the signs that often appear first, and how state protections compare with federal law.

Is racial discrimination in the workplace illegal in California?

Yes. Under Government Code section 12940, an employer generally may not refuse to hire, discharge, or discriminate in pay or other terms and conditions of employment because of race, color, national origin, or ancestry. California law also treats hair texture and protective hairstyles as part of race.

Key Takeaways

• California’s FEHA covers employers with 5 or more employees (CRD). Federal Title VII covers employers with 15 or more (EEOC).
• Racial harassment rules reach employers with even one employee, and coworkers can be personally liable (Gov. Code 12940(j)).
• Race includes “hair texture and protective hairstyles,” such as braids, locs, and twists (Gov. Code 12926(w), (x)).
• California’s Equal Pay Act bars paying workers less than employees of another race or ethnicity for substantially similar work (Lab. Code 1197.5(b)).
• For many FEHA claims, there are generally three years to begin the process with the Civil Rights Department (CRD).

Is This Your Situation?

• You were passed over for a promotion that went to a less qualified coworker of a different race.
• You learned you are paid less than coworkers of another race doing the same kind of work.
• You were disciplined for something others did without consequence.
• You were told your braids, locs, or natural hair were “unprofessional.”
• Jokes or slurs about your race or accent continue after you complained.

What Are the Signs of Racial Discrimination in the Workplace?

Signs of racial discrimination in the workplace usually show up as a pattern. One decision may have an innocent explanation. Several, pointing the same way, can suggest race played a part.

Different discipline for the same conduct

Compare how others were treated for similar mistakes. A write-up for you and a warning for a coworker of another race, for the same issue, is worth tracking.

Unequal pay

California’s Equal Pay Act says an employer “shall not pay any of its employees at wage rates less than the rates paid to employees of another race or ethnicity for substantially similar work” (Labor Code section 1197.5(b)). The employer can defend a gap only with specific factors, such as seniority, merit, or production, and prior salary cannot justify it. Talking about pay with coworkers is often how a gap comes to light. Learn whether that is protected in can you discuss wages with coworkers.

Grooming and hair rules

Under Government Code section 12926(w), “Race” is inclusive of traits associated with race, “including, but not limited to, hair texture and protective hairstyles.” Subdivision (x) lists braids, locs, and twists as examples. A rule that bans these styles can be race discrimination.

Opportunities that go to one group

Watch who gets promotions, training, key clients, and high-visibility projects. Favoring one employee is not always illegal, but it can become discrimination when the pattern tracks race. Our article on when favoritism becomes illegal discrimination explains the difference.

Neutral rules that hit one group harder

Discrimination does not always require intent. The EEOC states that a policy “that applies to everyone, regardless of race or color, can be illegal” if it has a negative impact on people of a particular race or color and is not job-related and necessary to the business (EEOC).

When Is Racial Harassment at Work Illegal?

Racial harassment at work is illegal in more situations under California law than under federal law. FEHA makes it unlawful for an employer “or any other person” to harass an employee because of race (Gov. Code 12940(j)(1)). For harassment, “employer” means any person “regularly employing one or more persons” (12940(j)(4)(A)), so even very small businesses are covered.

Under federal law, the EEOC says harassment is illegal “when it is so frequent or severe that it creates a hostile or offensive work environment,” or when it leads to an adverse decision like a firing (EEOC). Read more about what a hostile work environment is and the difference between harassment and bullying.

Employers also have a duty to act. FEHA makes it unlawful “to fail to take all reasonable steps necessary to prevent discrimination and harassment from occurring” (Gov. Code 12940(k)).

California Law vs. Federal Law on Race Discrimination

	California FEHA	Federal Title VII
Employers covered for discrimination	5 or more employees (CRD)	15 or more employees (EEOC)
Employers covered for harassment	1 or more employees (Gov. Code 12940(j)(4)(A))	15 or more employees (EEOC)
Hair texture and protective hairstyles	Expressly part of race (Gov. Code 12926(w))	The EEOC covers traits associated with race, such as hair texture (EEOC)

Our article on legal protections against discrimination at work covers the other traits FEHA protects, and our guide to the signs of age discrimination covers age claims.

Can My Employer Retaliate If I Complain?

No. FEHA makes it unlawful to discharge or otherwise discriminate against a person “because the person has opposed any practices forbidden under this part” or filed a complaint (Gov. Code 12940(h)). See what counts as retaliation under California law.

What to Consider If You Experience Racial Discrimination

1. Consider writing down what happened, with dates, words used, who was involved, and who saw it.
2. Keep documents you are lawfully entitled to keep, such as your pay stubs, reviews, and messages sent to you. Do not take confidential company files.
3. Consider reporting the problem in writing. If appropriate, describe accurately what occurred and why you believe race played a part.
4. Watch for changes after you report, such as new write-ups, cut hours, or exclusion. Consider speaking with an employment attorney if that happens.

What Can You Recover?

Under California law, the Civil Rights Department lists “Back pay (past lost earnings),” “Damages for emotional distress,” and “Punitive damages.” It also lists future lost earnings, reinstatement, and legal fees (CRD). Unequal pay claims under the Equal Pay Act have their own remedies and timing (Labor Code section 1197.5).

How Long Do I Have to File a Racial Discrimination Claim?

Different employment claims can have different filing deadlines. For many FEHA discrimination and harassment claims, a complaint generally “must be filed within three years” of the discriminatory act (CRD). An Equal Pay Act claim to recover wages generally may be brought “no later than three years” after the last violation (Lab. Code 1197.5(i)). Federal claims follow different rules. If your job ended, see when a firing is illegal. An employment attorney can evaluate which deadlines apply to your situation.

When to Talk to a California Employment Lawyer

If you were fired, demoted, paid less, disciplined more harshly, or harassed and you believe race played a part, consider speaking with a California employment lawyer. An attorney can compare how you were treated with how others were treated. They can also explain your options and the deadlines that apply. Learn more about our racial discrimination practice.

At Abramson Labor Group, we represent California employees facing racial discrimination. Our case reviews are free and confidential, and we work on contingency. Request your free case evaluation or call us at (213) 493-6300.

Frequently Asked Questions

Can my employer ban braids or locs?

Generally, no. California defines race to include “hair texture and protective hairstyles,” and lists braids, locs, and twists as examples (Gov. Code 12926(w), (x)).

Can a coworker be personally liable for racial harassment?

Yes, in some circumstances. FEHA’s harassment rule applies to an employer “or any other person” (Gov. Code 12940(j)). An employment attorney can evaluate who may be responsible in your case.

My employer has fewer than 15 employees. Am I protected?

Possibly. Federal Title VII covers employers with 15 or more employees, but California’s FEHA covers employers of 5 or more for discrimination and 1 or more for harassment (CRD; Gov. Code 12940(j)(4)(A)).

This article is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California employment attorney.