Racial discrimination in the workplace remains a persistent issue, affecting employees across various industries in California and beyond.  Employers need to be aware how systemic racism perpetuates itself within organizations, particularly when power over people is abused. Despite laws prohibiting such practices, many workers continue to face unfair treatment based on their race or ethnicity. This article explores how racial discrimination manifests in key areas of employment, including promotions, pay, evaluations, opportunities, and working conditions, with a focus on California law.

Understanding Racial Discrimination

Racial discrimination occurs when an employee is treated unfavorably because of their race, color, or ethnic background. In California, the Fair Employment and Housing Act (FEHA) provides robust protections against racial discrimination, covering a broader range of employers than federal law. It’s important to note that discrimination can be overt or subtle, and it is unlawful. Racial Discrimination can impact people on an individual and systemic basis.  An example of individual discrimination is tone policing Black Indigenous People of Color (BIPOC). An example of systemic discrimination is when BIPOC employees are more likely to be underleveled in pay bands in comparison to non BIPOC employees or promoted less frequently than non-BIPOC employees. 

Impact on Promotions

One of the most common manifestations of racial discrimination is the unequal distribution of promotion opportunities. Employees of certain racial backgrounds may find themselves overlooked for advancement, despite having qualifications equal to or surpassing those of their colleagues. This can create a “glass ceiling” effect, where talented individuals are unable to progress beyond a certain level within their organization due to racial bias.

Pay Disparities

Racial discrimination often translates into significant pay disparities. Studies consistently show that workers of color, on average, earn less than their white counterparts for performing the same jobs with equivalent qualifications. In California, the Equal Pay Act has been expanded to address race-based pay disparities, providing additional protections for workers experiencing such discrimination.

Biased Performance Evaluations

Performance evaluations can be particularly susceptible to racial bias. Managers may unknowingly apply different standards or interpret behaviors differently based on an employee’s race. This can lead to lower ratings for employees of color, which in turn affects their opportunities for advancement and pay increases. California law requires employers to use objective criteria in evaluations to minimize the impact of such biases.

Limited Career Development Opportunities

Racial discrimination can also manifest in the allocation of career development opportunities. Employees of color may be passed over for high-profile projects, client interactions, or specialized training that could enhance their skills and visibility within the organization. This exclusion can have long-term effects on career trajectories and earning potential.

Hostile Work Environments

Discrimination can create a hostile work environment through both subtle, yet harmful disparate treatment or othering and more overt forms of racial hostility. This might include racial slurs, offensive jokes, or exclusionary behaviors that make the workplace uncomfortable or even unbearable for BIPOC employees. California law recognizes hostile work environment claims and holds employers accountable for addressing and preventing such conditions.

Legal Protections and Remedies: California’s Robust Anti-Discrimination Laws

California offers some of the strongest legal protections against racial discrimination in the country. The FEHA not only prohibits discrimination but also requires employers to take proactive steps to prevent it. Employees who believe they have experienced racial discrimination have the right to pursue legal action.

Our Team in Action: Kaiser Healthcare Race Discrimination Settlement

A recent high-profile case highlights the ongoing battle against racial discrimination in California workplaces. In 2021, Kaiser Healthcare agreed to an $11.5 million settlement in a class action lawsuit alleging racial discrimination against Black employees. The case, handled by our own attorney Felicia Medina, addressed claims of unequal pa and promotion opportunities for Black employees. The settlement, which received final approval in March 2022, not only provided monetary compensation but also mandated significant changes in Kaiser’s practices, including independent reviews of pay equity analysis and leadership development programs. This case underscores the real-world impact of racial discrimination in large organizations and demonstrates the power of collective legal action in driving change. Ms. Medina was also instrumental in settling a race discrimination class action on behalf of Latino employees against Kaiser for $7.4M. 

Valerian Law is On Your Side

Racial discrimination in employment has far-reaching consequences, affecting not just individual careers but also organizational culture and societal progress. By understanding how discrimination manifests in promotions, pay, evaluations, opportunities, and working conditions, employees and employers alike can work towards creating more equitable workplaces. If you believe you’ve experienced racial discrimination at work, contact our experienced employment law team to understand your rights and options under California law.