How To Prove Racial Discrimination in the Workplace

Employees who are members of minority groups may suspect that they are experiencing discrimination in the workplace, yet hesitate to report the behavior due to a lack of evidence or fear of retaliation. But as a California worker, you have the right to a workplace free from discrimination based on your race or any other protected characteristic. 

Understanding how to prove racial discrimination in the workplace can help you feel more confident initiating this type of claim. An experienced employment lawyer can also provide valuable guidance and support through the claims process. 

Defining Racial Discrimination in the Workplace

To prove racial discrimination at work, you should understand the legal definition of this type of action and ensure that your case meets the definition. 

Racial discrimination refers to treating someone unfairly in any aspect of their employment due to their race, color, or ethnic origin. This can occur during the hiring process, when a person is an employee, and during firing decisions. Racial discrimination is illegal under state and federal laws, such as Title VII of the Civil Rights Act of 1964 and California’s Fair Employment and Housing Act. 

Here are a few examples of racial discrimination that can help you better understand what this behavior might look like in the workplace. 

• Being passed over for a promotion because of your race
• Receiving unequal pay compared to a colleague in the same role who is of a different race
• Facing adverse action that another employee of a different race did not face after the same types of behaviors
• Being overlooked for a job due to racial stereotypes
• Being excluded from workplace events due to your race

Racial discrimination sometimes accompanies harassment, which refers to unwelcome conduct based on race and color that creates a hostile work environment. 

Criteria Needed To Prove Discrimination at Work 

In order to prove general discriminatory treatment, you need to show that your case meets each of the following criteria. 

1. You belong to a protected class (race). In the case of racial discrimination, the protected class typically would be race, color, or ethnic origin. 
2. You were qualified for the position. Proving racial discrimination in the workplace involves showing that an employer’s decisions were based on your race and not on your ability to complete the job. 
3. Your employer took an adverse employment action. Discrimination can take many forms: passing over for a promotion, assigning to a less desirable role, terminating employment, decreasing pay, etc. 
4. Your employer’s actions indicate discrimination. Finally, you would need to link your race to the adverse action, proving discrimination. 

Key Evidence To Support Racial Discrimination 

Now that you know exactly what racial discrimination is, you need to know how to prove racial discrimination in the workplace to hold your employer accountable for this behavior. Strong discrimination cases rest on extensive evidence demonstrating each of the four criteria above. 

Here are a few types of employment discrimination evidence that can help build a strong case:

• Personal testimony: You will need to provide personal testimony as one of the key components of your case. This is your own account of the discriminatory behavior that can help establish the timeline of events and provide a background for the remaining evidence. 
• Third-party accounts: If your coworkers witnessed the discriminatory behavior or can testify to past instances of discrimination, this can prove helpful in your case. Testimony from industry professionals or psychologists could also help bolster your case. 
• Documentation: Documentation is perhaps the strongest type of evidence that can prove racial discrimination in the workplace. This might include emails between you and your employer, written policies that are discriminatory in nature, text or instant chat exchanges, language in your employment contract, or even cases filed with the Equal Employment Opportunity Commission (EEOC).
• Circumstantial evidence: While direct evidence of discriminatory actions may be stronger, circumstantial evidence can also help support your case. This type of evidence shows that race influenced your employer’s actions, even if they did not make any direct statements. For example, you could show that a minority employee was passed over for a promotion, even though they were well qualified or even had better qualifications than the chosen employee. 

Tips To Strengthen Your Racial Discrimination Case 

Taking certain steps could help you strengthen your case against racial discrimination in the workplace. 

• Document everything: Before you bring about a racial discrimination case, work on collecting and preserving evidence through documentation. Communicate with your employer through written means so you have a digital trail of their potentially discriminatory statements. Write down the date, time, and dialogue of in-person conversations, and keep all documentation in at least two locations outside of work. 
• Seek corroborating evidence from coworkers: Perhaps your coworkers are aware of the discriminatory behavior as well. Ask if they would be willing to testify to support your case or allow you to compare your experience to theirs to identify discrepancies. Remind them that an employer cannot legally retaliate against employees for reporting discrimination. 
• Consult legal representation: An employment attorney can use their legal experience and knowledge of discrimination laws to support your case. They can help you understand whether you have a discrimination case and, if so, guide you through the process. 

Seek Legal Support from D.Law 

Experiencing discrimination in the workplace can be overwhelming, and you may be unsure about reporting it. However, doing so is your right as a California employee and could help prevent future discriminatory actions for yourself and your coworkers. 

Now that you know how to prove racial discrimination in the workplace, speak with an employment attorney who can support your case. D.Law represents California workers through discrimination, harassment, wage theft, and related cases. 

Request a consultation today to discuss your case with one of our case managers and learn how we may be able to assist you.