Racism In The Workplace: What Can Racial Discrimination Attorneys Do
Worldwide, racism is inevitable
Worldwide, racism is inevitable. In the US, from students to professionals, everyone experiences it once in awhile. And there comes the stress the goes along with it.
According to the 2007 Annual Review of Psychology, experiences of racial discrimination can set the brain up for what is known as the fight or flight response. While that biological response can be life-saving, too much of it sets people up for heart disease, diabetes, obesity and infection.
Bullying, vulgar taunts, threats, etc. may trigger the body to react towards stress. If racial discrimination happens cyclically, the brain gets overwhelmed.
Either the brain shuts down the release of chemicals or people become numb. Doctors label this as micro-assault. Moreover, the release of cortisol can cause depression and is even related to asthma, allergies and rheumatoid arthritis.
Sadly, in America racial discrimination is one of the major problems citizens experience in their daily lives. The civil rights repercussion has prompted government action to pass a proposition by California voters in 1996. After a couple of statessuch as Michigan, Washington and Texaspushed for this bill, finally it resulted to the signing of the Racial Discrimination Assembly Bill 703.
Martin Luther Kings vision, wherein people will not be judged by the color of their skin but by the content of their character, became an ideological weapon to push for such action.
The act bans discrimination and preferential treatment. The policies are as follows:
The definition of racial discrimination to be used was that of the United Nations International Convention for the Elimination of All Forms of Racial Discrimination (CERD), adopted by the U.N. General Assembly in 1965 and signed by the United States in 1966.
The CERD definition allows for the use of special measures securing adequate advancement of certain racial or ethnic groups or individuals requiring such protection and says that these special measures (e.g., affirmative action) cannot be considered racial discrimination.
AB 703 specifies that the state is not required to prove racial discrimination before undertaking [such] special measures, thereby focusing on outcomes rather than any intent to discriminate.
Harassment and Discrimination in California
1.California Employment Discrimination- protected classes include race, color, national origin, religion, age, disability, sex and sexual orientation.
Two types of employment discrimination:
Disparate treatment it means simple discrimination and to treat a person differently because of protected class such his sex or race. Racial slurs, below-the-belt jokes or opinions are considered under this as well.
Disparate impact - is when a company policy excludes certain individuals from the job or from promotions. For example, a company has a requirement of high school or college diploma when applying for a janitorial or managerial position.
Whistle Blowing and Termination & Demotion
Employees can be terminated or demoted from their jobs. Meanwhile, the employers can harass their employees. Whistle blowers, or those who inform or complain to the government about their employers who break the law, are protected by the government. Employers cant retaliate against an employee for doing so.
In cases such as sexual harassment, employers should prevent racial discrimination in their company. Their employees can also seek help from them to prevent it.
Racial office discrimination remedies
Past lost wages and other benefits
Future lost wages and benefits
General damages- This includes emotional distress and pain and suffering
Punitive damages
Lawyers fees
Employees have their own rights in the companies they are working in. It is important for you to know these things to work conveniently in the company you are in.
by: Remedios V. Lucio
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