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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 34912
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been with my company for 28 years it is a nationjal

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I have been with my company for 28 years it is a nationjal co. I am a person of color. I am a 2nd shift lead. Most of the people at my location and several other locations that I know about that are just hourly and do all the grunt work in the warehouses and delivery are of color. This company swears that it is an Equal opportunity company and plays the game that they are equal opportunity and do not discriminate. Yet in my 28 years at my location and several others that I know about in and around california At this time there is no person above the rank of lead or some other other hourly position of color. Another words not 1 manager that I know of in any dept. Sales or distribution, even all of the sales reps and managers are caucassion. As I have said this is a national company and there may possibly be a few token managers. I know of not 1 that is of african american decent. I feel this has never been equal opportunity and while it may not have been overt discrimination or racisim, it most certainly has not been equal by any means. Would there be any grounds to file any type of complaint and lawsuit?
Good afternoon,

I'm very sorry to hear of your situation.

I would agree with you that based on your description of the company, a red flag has been raised suggesting that there is covert racism going on, which in CA is against the law and constituted discrimination under both federal laws and state laws.

I've been a licensed CA attorney for nearly 3 decades, and for two of those, I have handled employment discrimination law and litigated cases against employers. Your description of the situation seems to indicate that there may be discrimination going on based on your race/national origin. And yes you do have an avenue through which you may challenge this situation. The state and federal government will actually do the investigation for you---all you need do is initiate the complaints.

CA law prohibits harassment and discrimination in the workplace and you do have a legal remedy.

Workplace harassment/discrimination is any unwelcome or unwanted conduct that denigrates or shows hostility or an aversion toward another person on the basis of any characteristic protected by law, which includes an individual's race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law. A conduct is considered unwelcome if the employee did not solicit, instigate or provoke it, and the employee regards XXXXX XXXXX as undesirable or offensive.

In CA you have two possible avenues of approach to dealing with discrimination. If your goal is to ultimately sue in Federal Court, then you will file a complaint with the EEOC, and if you want to be in the CA Superior Court---local to your county---then you will file with the DFEH and, if you want to, with the EEOC as well. You must file a formal complaint of discrimination with the EEOC within 300 days of the alleged discriminatory act, and within one year for the CA DFEH.

You may a formal complaint with the CA Department of Fair Employment and Housing alleging discrimination based on your race and/or national origin.

To do this you must first make an appointment with the Department to be interviewed, either over the phone or at a local DFEH office. You may call the DFEH at(NNN) NNN-NNNN or apply on line by using the Department’s "Online Appointment System." The system will guide you through questions to determine whether an appointment is right for you.

Alternatively, you may file a complaint with the EEOC (Equal Employment Opportunity Commission). If your company has 15 or more employees (the DFEH only requires that there be 5 or more employees), they are prohibited from discriminating against you. To file a complaint with the EEOC, contact the nearest Equal Employment Opportunity Commission field office. To be automatically connected with the nearest office, call(NNN) NNN-NNNN EEOC website:

Federal law specifically prohibits discrimination, based upon the Ethnicity, Color, Religion, National Origin, Age, Sex and Disability of an individual, with regard to hiring, promotion and firing.

After you file the complaint, your employer will be prohibited from any retaliatory action against you. The EEOC will investigate your claim, and 180 days after the filing of the complaint you may ask for a "right to sue letter". The EEOC will issue you the letter which gives you the right to institute a private civil action against your employer and seek monetary damages.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.

Kindly take a moment to rate my service to you highly, based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation, and I trust you agree that it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law.

I wish you the best in 2012,

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