Is it against the law to show preference to Hispanics if I'm a Caucasian?

Asked 10 months ago - Bakersfield, CA

Been at my job for almost 17 yrs. There has been a shift to give all perks to Hispanics, making it way obvious.

Attorney answers (4)

  1. Jonathan Aaron Weinman

    Pro

    Contributor Level 17

    4

    Lawyers agree

    Answered . It is against the law to discriminate against an individual based on their race, national origin or ancestry. However, you would have to be able to demonstrate the discrimination in order to prevail. If you believe there is sufficient evidence to demonstrate that you, or Caucasians in general, have been discriminated against, you should consult an employment attorney for a free consultation.

  2. Benjamin M Hill

    Pro

    Contributor Level 12

    3

    Lawyers agree

    1

    Answered . It could be a case of disparate treatment; however, there aren't enough facts to make a determination. For example, what perks? What do you mean by obvious?

  3. David Herman Hirsch

    Contributor Level 20

    3

    Lawyers agree

    Answered . Yes, however, in order to pursue an action for discrimination, you would have to show facts that demonstrate that you were discriminated against on the basis of your race. You should consult with an employment law attorney who can review all of the facts and circumstances and help you determine how to proceed. Use the Find a Lawyer tab on Avvo. Also, here’s a link to the California Employment Lawyers Association website where you can search for an employment law attorney in your area. CELA attorneys specialize in representing employees and many offer free consultations. Best of luck to you.

    http://www.cela.org/

    THESE COMMENTS MUST NOT BE CONSIDERED LEGAL ADVICE. Comments made on websites such as Avvo.com are provided for information purposes only, and you should not base a decision to act or refrain from acting based upon this answer. The only way to determine how the law may apply to your particular situation is to consult with an attorney licensed in your jurisdiction. Answering this question does not create an attorney-client relationship or otherwise require further consultation. . That relationship is established by the execution of a written agreement for legal services. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

  4. Wendy Ha Chau

    Contributor Level 13

    3

    Lawyers agree

    Answered . You can if you can prove, show, and back it up with details, facts, or evidences (including witnesses), etc. There are Federal Laws and California Laws that protect certain class of people. It depends on if your situation falls within the protected classes. Federal Law protects the following class of people: race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information. Whereas California law is broader. It protects the following: Age (40 and over); Ancestry; Color ;Religious Creed (including religious dress and grooming practices); Denial of Family and Medical Care Leave; Disability (mental and physical) including HIV and AIDS; Marital Status; Medical Condition (cancer and genetic characteristics); Genetic Information ; National Origin (including language use restrictions);Race; Sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding); Gender, Gender Identity, and Gender Expression
    Sexual Orientation.

    Since you believe that you may be a victim of employment discrimination ( based on your race), then you should hurry and take steps to protect yourself such as filing a complaint with your company, exhaust the company's remedies for such issues, and don't wait to file your claim with EEOC and DFEH.

    Also, you might want to consult with an employment attorney.

    Good-luck!

    *Disclaimer: This response does not create an attorney-client relationship between you and I. I am not your lawyer... more

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