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It can be hard to prove racial discrimination

If you were fired and you think it was racially motivated, you’re probably outraged, and with good reason. You know that race is a protected class under Title VII of the Civil Rights Act of 1964. You know that firing a person based on race is illegal. Not only are you out of your job and without a paycheck, but you feel that you’ve been put in that position illegally.

One thing to note about this situation, though, is that it can be incredibly hard to prove. Racial discrimination is often subtle or employers will take steps to cover it up — such as lying.

For example, you may ask your employer why you were fired, and he or she can give you almost any reason at all. Remember that California is an at-will state, so your employer doesn’t have to have some big, obvious reason to fire you. The company could claim you just weren’t a good fit, that your production wasn’t as high as they hoped, or anything else. As long as the company policy doesn’t give you protections — such as a three-strikes rule — then you can be fired immediately and your employer can essentially pick any legal reason if asked.

This makes it easy for employers to lie about why you were fired to cover up the racial reasons for the termination. As such, it’s very important for you to have a good legal team on your side and to know what types of evidence to gather. This way, you may be able to prove that racial discrimination existed even if the company denies it.

Source: FIndLaw, “Racial Discrimination in the Workplace,” accessed Oct. 03, 2016

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