Race Discrimination

Racial discrimination has been rampant in Los Angeles and the United States as a whole. Over the years, it has been the site of protest actions involving workers from various discriminated races such as Asians, Latin Americans, Mexicans, among others.

Are you a victim of racial discrimination in your workplace?

The good news is that you may find some protection under Title VII of the Civil Rights of 1964 applicable to firms with more than fifteen employees. For employees working in much smaller firms, they may find in similar anti-discrimination laws. For more information about these laws, get in touch with LA racial discrimination lawyers.

Discrimination takes place at any time during your employment. It may be based on race, skin color, or ethnicity.

Two kinds of racial discrimination claims can be filed:

• Disparate Treatment – This is discrimination based on race, skin color, ethnicity, or similar attributes.

• Disparate Impact – While there may be no intention to discriminate, the rules of the company may have an effect on the employee based on race, ethnicity, skin color, or similar attributes.

In a regular anti-discrimination law, the plaintiff must show evidence of the following:

• The plaintiff belonged to a protected class

• The plaintiff possessed the qualifications needed for the job or was within the standards set forth by the company prior to the disciplinary action or termination

• The plaintiff did not go through the normal hiring or promotion process but instead a colleague from the protected class got the job or promotion.

• The plaintiff was terminated by another person outside the protected class

• The company policy for hiring, promoting, or terminating paved the way for a justifiable inference of discrimination

• The company’s nondiscriminatory explanation for its actions was a mere excuse for racial discrimination to make it legal

Usually, prior to filing a racial discrimination suit, the first thing to do is lodge the complaint with an administrative agency. A federal complaint should be filed first at the Equal Employment Opportunity Commission (EEOC). There are likewise state and local agencies where you can file a complaint.

In some cases, these agencies will accept your claim and file the discrimination case for you. If there is no action within a fixed period of time, or refuses to make any action, a private lawsuit may then be filed.

If you are in a position where you are being racially discriminated in your workplace, you can consult with many law firms with competent attorneys. Most of these firms accept cases on a contingency basis. This means that they will only collect fees from their clients once a settlement has been reached and the compensation has been decided and handed out to the beneficiaries.

Discrimination in the workplace is a growing menace in the society. Unless we put an end to this unfair labor practice, employers would just keep on usurping their authority and continue discriminating based on race and color.

Always remember that there are many laws in place that protect you from any form of discrimination.

Originally published here.

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Discrimination Lawyer

By: Clint Jhonson
Posted: Nov 12, 2008

Discrimination is something that although we didn’t hear much about years ago is very prevalent today, resulting in many cases of discrimination. This is in thanks to the many discrimination laws in Australia, United States and many other countries. Although there are many different types of discrimination, there are also many laws designed to protect people that have been discriminated against for one reason or another. Discrimination lawyers have the goal to help enforce the many discrimination laws and protect the individuals that have been victims of discrimination.

Although there are many different discrimination laws enacted to protect the public and individuals in general against discrimination, there are an equal number of people being discriminated against, resulting in the need of a good discrimination lawyer. Discrimination can seriously affect an individual and have an impact on their ability to gain employment, get a home, own a business, receive certain medical services, government services, voting rights and even a good education. Today anything that is considered as an intentional unfair or unlawful treatment against an individual because of their sex, age, handicap or disability, national origin or ethnicity or any other attributes is deemed to be discrimination.

If you suspect you have been a victim of any kind of discrimination, you are in need of a qualified discrimination lawyer. A discrimination lawyer can not only prove that there has been a clear-cut case of discrimination against you but can also have it determined in court, resulting in some sort of restitution. Discrimination lawyers will help to keep the discrimination laws enforced as well as protect the individuals that have been wronged by discrimination.

Many times, discrimination appears to be evident to the individual and all those involved with the individual, but may be very hard to prove. However, a good discrimination lawyer will be able to help you prove and win your case. Today there are many new cases of discrimination involving pregnancy discrimination, gender discrimination, religious discrimination, age discrimination, racial discrimination and even reverse discrimination.

If you feel you’ve been a victim of discrimination, you’ll need to find a good discrimination lawyer to help you with your case. Because discrimination is often easy to recognize but difficult to prove, look carefully before deciding on a discrimination lawyer. Make a list of different questions you’ll want to ask a discrimination lawyer before hiring him or her. As in any case, you need to feel comfortable with and confident in your discrimination lawyer. Some of the questions you may want to ask include:

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1.    How much experience do they have in dealing with this court system? Believe it or not, every court system has certain ways of doing things and often handle cases a certain way. Being familiar with the legal and court system in a certain jurisdiction can be very helpful to your case.
2.    How experienced is this lawyer in cases of discrimination? This lawyer may be a great spokesperson and advocate against discrimination but that’s a long way from having defended and won discrimination cases. Make sure discrimination is their specialty.
3.    Have they ever handled your specific type of discrimination? A case of discrimination involving race is quite common today but doesn’t necessarily qualify the discrimination lawyer in a case of pregnancy discrimination. Find out if they’ve ever been involved in a discrimination case similar to yours.
4.    How well known are they in the area? If you’re resident, you may be familiar with this discrimination lawyer but if you’re not a local, learn all you can about this lawyer and his or her qualifications.
5.    What about cost? Find out exactly how much this case is going to cost you, including all fees. Make sure your discrimination lawyer is not afraid to explain every detail to you.
6.    Is the discrimination lawyer familiar with all discrimination laws that may apply to you? There are many types of discrimination and, with the laws always changing, it’s important that your discrimination lawyer be up to date on all the laws that may pertain to you and your case.
7.    What expectations does your discrimination lawyer have for this case? Make sure the lawyer can tell you exactly what he is hoping to get for you and what your chances of being successful are.

The Australian discrimination law has been influenced greatly by the discrimination laws in the United States as well as legislation regarding discrimination in other countries in the world. Australia defines discrimination in their International Labor Organization Agreement in 1973, as “any exclusion, distinction or preference made because of race, color, sex, political preference, social origin or national extraction which results in the act of nullifying or impairing equality of opportunity or treatment in occupations or employment. Discrimination lawyers are not just used for individuals but have also represented many businesses and organizations where cases of discrimination were apparent or implied.

Australia’s first anti-discrimination law was the Prohibition of Discrimination Act of 1966 in South Australia, a legislation that was repealed and then replaced. The first legislation discrimination law in the federal government that met with success was the Racial Discrimination Act in 1975. In 1977, the Anti-Discrimination Act was started as a way to prohibit and prevent discrimination in employment on the grounds of race, sex or marital status. This law also involved the provisions of services, goods and accommodation based on the same grounds of sex, race or marital status and on race when dealing with education.

Since the early 1970s, there has been much legal activity in Australia both statewide and federally regarding discrimination and many different types. The Commonwealth as well as the territories and states in Australia have either introduced or tried to introduce some new form of discrimination legislature. They also review regularly the current aspects of discrimination to determine if there are any ways to improve on the discrimination laws of Australia. Australia currently has the following discrimination laws in force:

•    Federal Racial Discrimination Act of 1975
•    Federal Sex Discrimination Act of 1984
•    Federal Affirmative Action Act of 1986 (Equal Opportunity for Women)
•    Federal Human Rights and Equal Opportunity Commission Act of 1986
•    Federal Disability Discrimination Act of 1992
•    Anti-Discrimination Act of 1977 (New South Wales)
•    Equal Opportunity Act of 1984 (Victoria)
•    Anti-Discrimination Act of 1991 (Queensland)
•    Equal Opportunity Act 1984 (South & Western Australia)
•    Discrimination Act of 1991 (Australian  Capital Territory)

Clint Jhonson – About the Author:

Lawyers Compared is an Australian based law resource, with tips on how to save money on legal fees, tips on how to identify high performing discrimination lawyers and more.

Source: http://www.articlesbase.com/national-state-local-articles/discrimination-lawyer-639189.html

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Originally published here.

Discrimination here. There. Everywhere.

In a country which has the most number of races in the world comprising its citizenry, we oftentimes hear people complain that they have been discriminated against.

There is discrimination when any of the civil rights of an individual is denied or interfered with because of his/her membership in a particular class or group of people. Take race for example.

Everyone in the United States belongs to a race, so thus in California. This should have never been a social issue in the first place if only one does not think less of the other; if only one does not assert to be better than the other. Racial discrimination exists then. As much as it still exists now.

The United Nations Convention on the Elimination of All Forms of Racial Discrimination defines “racial discrimination” as any distinction, exclusion, restriction or preference based on:

race
color
descent
national or ethnic origin

There is racial discrimination when any of the four mentioned is used  for the “purpose of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”

There are numerous statutes, or laws, which are enacted in the United States to lessen racial discrimination, if not to totally abrogate it.

The long-standing Civil Rights law declares it unlawful to “discriminate against any applicant for employment or any employee by reason of his/her color or race with regard to hiring, promotion, job training compensation, termination, or any other condition, privilege, or term of employment.”

The Equal Rights under the Law (Section 1981 Title 42) protects individuals from discrimination based on race in making and enforcing contracts such as employment contracts, participating in lawsuits and giving evidence.

In fact, the California law itself makes it illegal for an employer to discriminate against an employee based solely on race, religion, gender, national origin or age.

Discrimination, based on employees’ race, by simple term, is what we commonly call racism. Racial discrimination, which is interchangeably also called ethnic discrimination, emerges because some people believe that there lies a difference between people of different groups, i.e. blacks, whites, Asians, Latinos, etc.

If one is hired, fired, promoted or demoted by an employer because of his/her color or race, in all probability, there was racial discrimination. And as this act is considered illegal, the law provides compensation for countless victims of these unfair practices.

Further, there is also discrimination if equal employment opportunity is denied by reason of any of the following:

marriage to or association with those belonging to a different/ a certain race
association with or membership in ethnic based groups
participation or attendance in educational institutions or places of worship generally correlated with certain minority groups.

Discrimination is inimical to a civilized world. Blacks or whites — let us treat each other equally. After all, are we not all humans? But if this country’s laws are not just enough to protect you, maybe a racial discrimination lawyer can.

Our expert Los Angeles employment attorneys are knowledgeable with issues such as employment discrimination. You can visit our website to avail of our free case evaluation.

Originally published here.