Both California and Federal laws prohibit race-based discrimination in the workplace. As an example of the prevalence of racial discrimination in the workplace, Statistics available at the Economic Policy Institute's State of Working America Data Library show:
- Unemployment is Higher for Minorities. 3.7% of the labor force was unemployed, whereas 5.7%% of the Black or African American workforce was unemployed and 4.6% of the Hispanic or Latino workplace was unemployed.
- Minorities Earn Less Per Hour. In 2022, the average hourly wage was $32.00 per hour, whereas the average wage for white workers was $34.49 per hour, for Black or African American workers the average wage was $25.61 per hour, and for the Hispanic or Latino population the average wage was $24.84.
California Labor Code sections 432.3 and 1197.5 prohibit wage discrimination. Promotional systems that account for factors such as seniority, merit, production, or education, training and experience can be used to determine pay differentials for California workers. Those based on race are unlawful.
California law also prohibits termination on the basis of race as a matter of public policy. Terminations for reasons of race provide for a claim of wrongful discharge, as discussed in Tameny v. Atlantic Richfield Co., 27 Cal.3d 167 (1980). This prohibition extends to other adverse employment actions taken for reasons of race. For example, reducing one's hours, reducing one's pay, scheduling, or denying promotions for reasons of race are all prohibited.
Contact me if you believe you have been discriminated against in the workplace.