While it might be hard to believe, people in Santa Barbara still face workplace discrimination based on their race. Because of the nature of some employer’s conduct, racial discrimination is often not readily apparent. Residents of California are afforded strong legal protections under state and federal law, but they still require our experienced Santa Barbara race-based employment discrimination attorney to assert their rights.
Proving Racial Discrimination in the Workplace
The best evidence is to prove racial discrimination is an obviously racist statement or action by your employer. Race discrimination is illegal, and if you are told you are being fired because of your race, then you have the foundation of a strong discrimination lawsuit. Unfortunately, an employee will not usually have that type of direct evidence of race-based employment discrimination.
When there is no direct evidence against your Santa Barbara employer, a victim of racial discrimination can still prove their case through indirect evidence. This means that the evidence presented to the court demonstrates that it was more likely than not that your employer discriminated against you based on your race. Typically, our law firm will have to demonstrate four elements to establish that it was more likely than not that your employer’s conduct was discriminatory.
First, we will have to prove that you were qualified for your job and, if you were working, were performing your duties appropriately. Second, we will have to show that you were denied a benefit or compensation that was open to everyone else who did your job. This conduct could include denying promotions or failing to grant earned pay increases. Next, you must be part of a protected class under federal or California law. Finally, the person who received the benefit must be from a different, usually unprotected class.
