Maybe you were held to a different standard than your coworkers. Maybe you were repeatedly passed over for opportunities. Maybe a supervisor made comments about your appearance, background, or whether you were a good “fit” for the workplace.
Then you were fired.
Race discrimination is not always explicit. An employer may give another explanation for a termination: performance, attitude, attendance, restructuring, or a violation of company policy.
Sometimes those explanations are legitimate.
But under California law, covered employers cannot fire or otherwise discriminate against an employee because of race or color.
If you believe your race played a role in your termination, here are some things to consider.
Reach out to our experienced Napa, CA employment lawyers to help with your case.
What Does Race Discrimination Look Like in the Workplace?
Race discrimination can be obvious. A supervisor might use a racial slur or directly state a preference for employees of a particular race.
But discrimination does not always announce itself so clearly.
It can also appear in the way workplace rules are enforced, how employees are evaluated, who receives opportunities, or which employees are given the benefit of the doubt.
California’s protections against race discrimination also extend to certain traits historically associated with race, including hair texture and protective hairstyles.
The important question is not simply whether someone at work made an explicitly racist statement. It is whether your race played a role in how your employer treated you or in the decision to fire you.
Look at How Other Employees Were Treated
One of the first things to consider is whether employees of other races were treated differently in similar circumstances.
For example:
- Were you disciplined for conduct that was tolerated from other employees?
- Were you scrutinized more closely than your coworkers?
- Were employees of another race given warnings or opportunities to improve when you were not?
- Were desirable assignments or promotions consistently given to other employees?
- Were workplace rules enforced differently depending on the employee?
Differences in treatment do not automatically prove race discrimination. The circumstances of the employees being compared also matter.
But if the same behavior seems to produce different consequences for different employees, it may be worth asking why.
Pay Attention to Comments, Stereotypes, and Coded Language
Not every discriminatory comment contains a racial slur.
Sometimes race-related assumptions can appear through comments about an employee being “aggressive,” “unprofessional,” “not a good fit,” or not having the right “look” for a particular position.
Those words are not inherently discriminatory. Context matters.
Who receives those descriptions? What behavior supposedly prompted them? Are employees of another race described differently when they behave the same way?
More explicit comments about race, skin color, hair, or racial stereotypes may provide clearer evidence.
If a supervisor or someone involved in your termination made comments that you believe were race-related, write down what you remember, including when the comments were made and who was present.
Ask Why You Were Fired—and Compare the Explanation With the Evidence
Your employer may say race had nothing to do with your termination.
Perhaps you were told that your performance was poor. Maybe you violated a workplace policy. Maybe the company says your position was eliminated.
Sometimes that is exactly what happened.
But compare the explanation with the evidence.
If you were fired for poor performance, what do your previous evaluations say? If you supposedly violated a policy, how were other employees treated when they violated the same rule? If your position was eliminated, did someone else take over substantially the same work?
Look for things such as:
- Explanations that change over time;
- Sudden negative reviews after a history of positive performance;
- Discipline inconsistent with company policies or past practices;
- Different treatment of employees in similar circumstances; or
- Emails, messages, or other records that conflict with the reason given for your termination.
No single inconsistency necessarily proves discrimination. But several pieces of evidence may tell a different story than the explanation you were initially given.
Look at the Larger Pattern
Sometimes what happened to other employees provides important context.
Consider who tends to be hired, promoted, disciplined, or terminated in your workplace.
Were other employees of your race treated similarly? Does management appear to apply different standards to different groups? Have other employees raised similar concerns?
A pattern does not necessarily establish why a particular employee was fired. But it can provide context for understanding an individual employment decision.
Preserve Relevant Records
If you believe race discrimination contributed to your termination, preserve records you are legally entitled to keep.
These may include:
- Your termination letter or separation paperwork;
- Performance evaluations;
- Disciplinary notices or write-ups;
- Emails, texts, or workplace messages;
- Relevant workplace policies;
- Records relating to promotions, assignments, or compensation;
- Complaints you made to Human Resources or management; and
- Other communications related to your termination.
It can also help to create a timeline of important events and write down relevant verbal conversations while they are still fresh.
What if You Complained About Race Discrimination Before You Were Fired?
If you reported race discrimination or harassment before your termination, a separate issue may arise: retaliation.
California law prohibits covered employers from retaliating against an employee for opposing discrimination prohibited by FEHA or participating in protected proceedings.
Consider what happened after you complained.
Did your performance suddenly become a problem? Were you disciplined shortly afterward? Did your responsibilities change? How much time passed between the complaint and your termination?
Being fired after making a complaint does not automatically establish retaliation. But the timing, the employer’s explanation, and how you were treated before and after the complaint may all matter.
What Should You Do Next?
If you believe you were fired because of your race, preserve the records available to you and write down what happened while the details are still fresh.
You do not need to determine on your own whether you can prove race discrimination before speaking with an attorney.
An experienced Fresno, CA employment attorney can review how you were treated, how other employees were treated, the employer’s explanation for your termination, and the events leading up to it to help determine whether your rights may have been violated.