California’s Fair Employment & Housing Act (FEHA) prohibits employment discrimination because of race or color. Race is interpreted broadly to mean classes of persons identifiable because of their ancestry or ethnic characteristics. Race and color, while often considered synonymous, are distinct concepts. Thus, although such claims are rare, the color of one’s skin—as opposed to his or her race—may form the basis for a discrimination claim, even if alleged against a member of the same race. For example, it would prohibit a dark-skinned black supervisor from discriminating against a light-skinned black employee because of his or her skin color.

Color-based discrimination takes many forms, such as a demotion, termination, or denial of a promotion or harassment. If you have been a victim of discrimination because of your color, the first step in pursuing a suit against your employer is filing a complaint with the Department of Fair Employment & Housing (DFEH). Once the complaint is filed, you can then immediately request a Right-to-Sue Letter, which gives you the authorization to bring your suit.

Although you can do this without a lawyer, it is highly recommended you hire an expert employment law attorney. If you prevail in your discrimination suit, you may be entitled to monetary compensation for the emotional harm caused by the discrimination, past and future lost wages, punitive damages to punish and deter your employer from discriminating, reinstatement, and attorneys’ fees.

Discrimination based on skin color is not only unfair, but also unlawful. At Fidelity Law, we have the experience and resources to handle any suit for color discrimination in the workplace and will work diligently to obtain you the best result. Get in touch with us today to learn more about your rights regarding color-based discrimination in California.