Employment Discrimination as Experienced by Asian Employees and Applicants

Tuesday, May 22, 2012

Asian Employees and Applicants | job candidates

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Whenever the topic is about employment discrimination based on a person’s race, people tend to automatically think that only African-Americans are the victims. However, the bigger picture of the issue connotes that everyone, regardless of race, can be subjected to workplace discrimination.

In fact, Asians — like Chinese, Korean, Filipino, Vietnamese, Thai — and other race are often subjected to discrimination not because of their inability to do work, but purely because of their race.

Employment discrimination based on a person’s race is against the law. In the United States, pursuant to the Title VII of the Civil Rights Act of 1964, employers with 15 or more employees are strictly prohibited from discriminating against workers, as well as applicants, based on their race or national origin. Hence, it is unlawful for covered employers to terminate, to demote, or to deprive someone of employment benefits only because of his or her race.

In the State of California, Title VII is not the lone law that protects Asian employees and applicants from workplace discrimination. In California, the Fair Employment and Housing Act (FEHA) is in effect. Under this state law, employers with five or more employees are not allowed to base their employment-related actions to an employee or an applicant on his or her race or national origin.

Under the said laws, non-complying employers may be required to pay discriminated employees and applicants with monetary compensation for pain and suffering damages. They may also be asked by the U.S. Equal Employment Opportunity Commission (EEOC) or the Department of Fair Employment and Housing (DFEH) to conduct trainings to their employees on their rights under Title VII and FEHA.

Asian employees or applicants in California who were subjected to discrimination in the workplace may file a complaint with the EEOC or the DFEH. These government agencies have the power to investigate discrimination complaints and to assist the complainant if the claim is proven to be valid.

Additionally, discriminated employees and applicants may seek assistance from a Los Angeles discrimination attorney to learn the appropriate legal actions they have to do.

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