Your supervisor always assigns you the hardest tasks but never considers you for a promotion. You are told you need to "work on your English" even though you speak it fluently. Your coworkers make comments about your background and the manager does nothing. Or you are paid less than white employees for identical work — and you know it.
What you are describing has a legal name: racial discrimination. And in California, it is completely illegal regardless of how the employer tries to justify it.
My name is Arlo Uriarte. I am an employment attorney at Liberation Law Group and I have spent over 30 years filing racial discrimination cases on behalf of Latino, Black, Asian, and workers of all backgrounds in San Francisco, Oakland, San Jose, and throughout Northern California. We are a plaintiff's firm — we file cases, we fight for workers, and we do not defend employers. Our office is at 2760 Mission Street in the Mission District, three minutes from 24th Street BART. We speak Spanish, and we know exactly how to build a racial discrimination case that wins before a San Francisco jury.
If you are being discriminated against because of your race, national origin, skin color, or accent, call today for a free consultation in Spanish or English. No cost, no obligation, regardless of immigration status.
What Is Racial Discrimination at Work?
Racial discrimination occurs when an employer makes an unfavorable employment decision — refusing to hire, terminating, failing to promote, paying less, assigning worse conditions, or creating a hostile work environment — based on an employee's race, skin color, national origin, or ancestry.
Racial discrimination does not always come with explicit slurs. More often — most of the time — the employer uses pretexts: "poor performance," "doesn't fit the culture," "customers prefer a different profile." But when a pattern shows that workers of color are consistently treated worse, that is racial discrimination regardless of the words the employer uses.
The most common forms we see in San Francisco:
- Denying promotions that go to less-qualified white employees
- Criticizing accents when English is fully adequate for the job
- English-only policies with no legitimate business justification
- Worse assignments, shifts, or locations based on race
- Exclusion from meetings, training, or networking opportunities
- Wage gaps between workers of color and white employees for identical work
- Tolerance of racially derogatory comments from supervisors or coworkers
- Use of immigration status as a tool of intimidation
Learn about all types of employment discrimination protected under California's FEHA.
30+ years representing workers of all backgrounds in San Francisco. We represent employees — never employers. No fee unless we win.
1-888-442-2642 or request your free case evaluation hereThe Laws That Protect You — Four Layers
The most important practical distinction: Section 1981 covers employers of any size with a 4-year statute of limitations — making it especially powerful for workers at smaller companies who may not be covered under FEHA or Title VII.
Intersectional Racial Discrimination — A Bay Area Reality
A defining characteristic of racial discrimination in San Francisco is that it frequently does not arrive alone. Workers of color in the Bay Area often face what is called intersectional discrimination — discrimination based on the combination of race with other protected characteristics such as gender, age, national origin, or language.
- Accent used as pretext to deny promotions
- English-only policies with no business necessity
- Immigration status weaponized as intimidation
- Assigned the most physically demanding or dangerous work
- Wage gap with white employees for identical work
- Labeled "aggressive" for normal workplace behavior
- Grooming policies targeting natural hair textures
- Pressure to code-switch to advance
- Isolation — frequently the only Black person in the department
- Double standards in performance evaluations
- Seen as "good workers" but not "management material"
- Language skills questioned despite full fluency
- Excluded from informal networks where real decisions are made
- Contributions overlooked or minimized in meetings
- Glass ceiling in leadership positions
California fully recognizes intersectional discrimination under FEHA. If you are discriminated against for being, for example, a Latina woman, or a Black man over 40, or an Asian woman in a leadership role — that is intersectional discrimination and can give rise to multiple independent causes of action with compounding damages.
Accent Discrimination and English-Only Policies
One of the most common forms of racial discrimination we see in the Bay Area — particularly against Latino and Asian workers — is accent discrimination and language policies applied unequally or without legitimate business justification.
California law is clear:
- Criticizing a worker's accent when their English is adequate for job functions is national origin discrimination under FEHA
- English-only policies are only legal when there is a genuine, documented business necessity — not manager preference or comfort
- "Customers prefer employees without an accent" is not a legally valid reason for any employment decision
- Requiring "perfect" English for a job that does not need it is frequently pretext for national origin discrimination
In 30 years of practice, the "accent" argument is one of the most transparent before a Bay Area jury — one of the most linguistically diverse regions in the world. Jurors understand immediately what is really happening when an employer singles out the accent of a Latino or Asian worker while tolerating the accents of white employees from other countries.
Real Cases in San Francisco & the Bay Area
These are real cases that have occurred in the Bay Area. If your situation is similar, call Arlo Uriarte for a free evaluation.
A manager told Latino employees to "speak English or go back to Mexico" and systematically denied promotions to all Latino workers over a period of years. The workers recovered $385,000 in total — lost wages and emotional distress damages. The case established that English-only policies without documented business necessity are illegal.
A Black engineer repeatedly received performance improvement plans while white engineers with lower performance metrics were promoted. He was labeled "aggressive" for the same behavior that was praised in white colleagues. The worker recovered $245,000 in lost promotion wages and emotional distress damages, plus the company was required to revise its performance evaluation policies.
Filipino nurses were systematically assigned to the worst shifts and the most difficult patients. Supervisors questioned their English proficiency despite the fact that they spoke the language perfectly. Four workers recovered $195,000 in total for discriminatory assignment practices and hostile work environment based on national origin.
Latino workers were paid significantly less per hour than white workers for identical work. Supervisors used racial slurs daily and called it "workplace culture." Twelve workers recovered $425,000 in total — lost wages plus punitive damages for the employer's malicious conduct.
Asian employees with years of experience were never promoted to management. The manager said that "customers relate better to American managers." Customer preference cannot justify racial discrimination under any circumstances. The lead worker recovered $165,000 in lost management wages and emotional distress damages.
* These cases are presented for informational purposes. Past outcomes do not guarantee future results. Each case is unique.
Arlo Uriarte — Employment Attorney — evaluates your case for free. No fee unless we win.
1-888-442-2642 or request your free case evaluationRacial Discrimination by Industry in San Francisco
Technology — SoMa and South Bay
In tech companies throughout the SoMa district near the Moscone Center and in Silicon Valley campuses, racial discrimination is most often disguised as "culture fit." Workers of color — particularly Black and Latino engineers — are excluded from informal networks where real decisions are made, receive performance improvement plans while white colleagues with lower output are promoted, and face invisible barriers to advancement without anyone ever saying anything overtly racist.
Restaurants and Hospitality — Mission, North Beach, Union Square
In the restaurants of North Beach near Washington Square Park, the hotels around Union Square, and the restaurants of the Mission District along 24th Street, racial discrimination takes specific forms: workers with darker skin systematically assigned to back-of-house positions while lighter-skinned workers are placed in customer-facing roles, wage gaps between workers of the same position based on race, and language policies selectively enforced against Spanish speakers.
Finance and Professional Services — Financial District
In the banks, investment firms, and professional services companies of the Financial District near the Embarcadero, racial discrimination manifests as the preferential assignment of high-value accounts and networking opportunities to white employees, bonus and commission structures that systematically advantage those already best-connected, and a clear glass ceiling for professionals of color in leadership positions.
Healthcare — UCSF, SF General, Clinics
At healthcare institutions throughout San Francisco — from UCSF on Parnassus to SF General on Potrero Avenue — racial discrimination affects nurses and technicians of color in shift and patient assignments, in the questioning of their professional competence, and in advancement opportunities. The irony of healthcare institutions discriminating internally is not lost on San Francisco juries.
Construction — Mission Bay, Bayview-Hunters Point
At construction sites near Chase Center in Mission Bay and in Bayview-Hunters Point, racial discrimination expresses itself as direct wage gaps between white workers and workers of color for identical work, assignment of the most dangerous or physically demanding jobs to workers of color, and a workplace environment that tolerates racial slurs as part of the "culture."
Racial Discrimination and Wrongful Termination
One of the clearest patterns: a worker of color reports racial discrimination — to their supervisor, to HR, or to a government agency — and is "coincidentally" terminated shortly afterward for "poor performance" or "negative attitude."
That is called retaliation — and it is an additional, independent violation of FEHA on top of the original discrimination. Employers who terminate workers for reporting racial discrimination face legal liability for two separate causes of action: the discrimination itself and the retaliation.
The clearest signs of retaliation for reporting racial discrimination:
- Negative "performance" documentation that began after the complaint — not before
- Termination within weeks or months of reporting the discrimination
- Changes in schedule, shift, or responsibilities following the complaint
- A work environment that became noticeably more hostile after reporting
Learn more about workplace retaliation and how protections apply to racial discrimination reporters.
Immigration Status and Racial Discrimination — Your Rights Are Complete
One of the most important questions we hear from workers in the Mission District, in Fruitvale, and in immigrant communities throughout the Bay Area is this: does my immigration status affect my legal rights against racial discrimination?
The answer is no — your rights are complete. California's FEHA protects all workers in the state, without exception based on immigration status. Employers cannot use immigration status as a tool to intimidate workers who report racial discrimination.
More critically: if an employer threatens to report a worker to immigration authorities in response to a racial discrimination complaint, that is extortion and illegal retaliation — a separate federal criminal violation on top of the underlying discrimination. That kind of threat significantly strengthens the worker's legal case rather than weakening it.
What to Do Immediately
Write in a private location every racial comment, every unfavorable employment decision, every exclusion — with the exact date, who was present, and the precise words used. If there are wage or treatment differences compared to white colleagues, document those comparisons as well.
The comparative pattern is the most powerful evidence in a racial discrimination case. Do white colleagues have better assignments? Were they promoted with less experience? Are different rules or expectations applied based on race? Document this while the information is available to you.
Forward to your personal email any messages showing differential treatment. Save positive performance reviews from before the discriminatory incident. Download screenshots of relevant work messages. Once you lose access to company systems, that evidence may be gone permanently.
Before going to HR, speak with an attorney. How and when to report internally matters — and using the right words ("racial discrimination" and "civil rights violation") in an internal complaint matters. Our consultation is completely free. Call 1-888-442-2642.
For the EEOC under Title VII, 300 days. For the CRD, 1 year. For FEHA in court, 3 years. Under Section 1981, 4 years. But acting early produces consistently better outcomes. Call 1-888-442-2642 — available 24/7 in Spanish and English.
What You Can Recover
Racial discrimination cases under California's FEHA offer a complete set of available damages:
- Back pay — everything you would have earned from the discriminatory act through case resolution
- Future lost earnings — if the discrimination damaged your career trajectory
- Unlimited emotional distress damages — FEHA places no statutory cap
- Punitive damages — for malicious or fraudulent conduct
- Reinstatement with full back pay — in many wrongful termination cases
- Company policy changes — protecting future workers of color
- Attorney fees paid by the employer — in most successful employment cases
What Our Clients Say
"They told me to speak English or go back to where I came from. I had worked there for years and never got the promotion I deserved. The law exists exactly for these situations. If you are going through something similar, call — there is real legal protection."
— Restaurant worker, Mission District, San Francisco (name protected by confidentiality)
"They called me aggressive for the same behavior they praised in my white colleagues. There was always a reason not to promote me. Racial discrimination doesn't always shout — sometimes it whispers. But the law hears it."
— Engineer, technology company, SoMa, San Francisco (name protected)
Where We Serve
Our office is at 2760 Mission Street, Second Floor in the Mission District — three minutes from 24th Street Mission BART, near Dolores Park and the Latino Cultural District. We handle cases throughout San Francisco (Mission, SoMa, Financial District, North Beach, Castro, Chinatown, Bayview, Excelsior, Richmond, Sunset), Oakland (Fruitvale — 53.8% Hispanic, and West Oakland), Hayward (40.7% Latino), San Jose (East San Jose), Napa County (35.4% Latino), Sonoma County (28.9% Latino), Santa Rosa, Vallejo, and all of Northern California.
Liberation Law Group — Workers' Rights Advocates · Fighting for Employees Since 2007 · Free Consultation in Spanish or English · No Fee Unless We Win.
1-888-442-2642 or request your free consultation onlineFrequently Asked Questions About Racial Discrimination in California
Is it racial discrimination if my manager never says anything explicitly racist?
Yes — racial discrimination does not require explicit slurs, direct admissions of bias, or any overtly racist statement. What the law examines is the pattern of conduct. If workers of color are systematically excluded from promotions, receive worse assignments, or are held to different standards than white employees, that can establish racial discrimination even without any manager having said a single openly racist word.
In fact, the strongest racial discrimination cases we see are often those where the pattern of decisions speaks for itself. A worker of color with five years of excellent performance reviews who is passed over repeatedly for promotions going to less-qualified white colleagues — that is compelling evidence without any need for a confession. Call 1-888-442-2642 for a free evaluation of your situation.
Am I protected from racial discrimination if I am undocumented?
Yes — completely. California's FEHA protects all workers in the state without exception based on immigration status. Every worker in California has the same right to a workplace free of racial discrimination, regardless of documentation. Title VII and Section 1981 also apply without distinction based on immigration status.
More importantly: if your employer threatens to report you to immigration authorities in response to a discrimination complaint, that is extortion and illegal retaliation — a separate federal criminal violation that significantly strengthens your legal case. That threat should not silence you. Call 1-888-442-2642 — your immigration status is confidential in our consultation.
Is criticizing my accent racial discrimination?
Yes — criticizing a worker's accent when their English is adequate for the functions of their job is national origin discrimination under California's FEHA and federal Title VII. National origin protection covers characteristics associated with a country of origin, including accent. The law does not require an employee to speak "perfect" English — only adequately for the specific job.
English-only workplace policies are only legal when a genuine, well-documented business necessity exists for the specific position — not simply because a manager is uncomfortable hearing Spanish or another language. If you have been criticized for your accent or subjected to a language policy that does not apply equally to all employees, call 1-888-442-2642 for a free evaluation.
How long do I have to sue for racial discrimination in California?
You have several options with different deadlines. Under California's FEHA, 3 years from the most recent discriminatory act to file a lawsuit in court — in San Francisco at 400 McAllister Street near Civic Center BART. For the California Civil Rights Department (CRD), 1 year. For the EEOC under Title VII, 300 days. Under Section 1981 federal law, 4 years.
Even with these windows, acting early produces better results in almost every case. Evidence is better preserved. Witnesses remember more detail. The connection between race and the adverse employment action is clearest when the case is fresh. Call 1-888-442-2642 today to evaluate the specific deadlines that apply to your situation.
Can there be racial discrimination at a company that employs workers of color?
Yes — the presence of some employees of color in a company, even in visible positions, does not eliminate the possibility of racial discrimination. Tokenism — having a minimum number of minority employees to project an appearance of diversity — can coexist with systematic discrimination. What the law examines is not the company's overall demographics but the individual treatment of each worker.
We have handled cases where an employer had several Latino or Black employees but consistently treated them worse in promotions, assignments, and working conditions. Superficial diversity is not a legal shield against a racial discrimination claim. Call 1-888-442-2642 if you feel you are treated differently even though the company projects "diversity."
Am I protected if I am multiracial?
Yes — the protection under FEHA and Title VII is deliberately broad. Discrimination based on perceived race, mixed racial identity, or association with persons of a certain race all qualify as racial discrimination under the law. You do not need to be visibly identifiable as a member of a specific racial group to be protected.
The law also protects people who are discriminated against because of their association with someone of another race — for example, a white employee who is treated differently because their spouse is Black. The spectrum of protection is intentionally wide to cover all the ways racism manifests in the workplace. Call 1-888-442-2642 for a free evaluation of your specific facts.
What is intersectional discrimination and how does it affect my case?
Intersectional discrimination occurs when a worker faces adverse treatment not because of one protected characteristic alone but because of the combination of two or more. A Latina woman may face discrimination that does not affect Latino men or white women — but specifically affects Latina women. A Black man over 40 may face discrimination from the combination of race and age that does not affect white men of the same age or younger Black men.
California fully recognizes intersectional discrimination under FEHA. This is legally significant because it can give rise to multiple independent causes of action — racial discrimination plus gender discrimination, for example — which frequently results in higher available damages. Call 1-888-442-2642 to evaluate whether your situation involves intersectional discrimination.
How much can I recover in a racial discrimination case?
Under FEHA you can recover back pay from the discriminatory act through case resolution, future lost earnings if the discrimination damaged your career trajectory, emotional distress damages with no statutory cap, punitive damages for malicious conduct, reinstatement with full back pay in many wrongful termination cases, and attorney fees paid by the employer in most successful cases.
In the Bay Area, recoveries in racial discrimination cases have ranged from $165,000 for an individual retail worker to $425,000 for a group of construction workers affected by the same employer. Cases combining racial discrimination with wage gaps or retaliation frequently result in higher total amounts. Call 1-888-442-2642 for a free honest evaluation of your specific situation.
Related pages: Workplace Discrimination · Gender Discrimination · Religious Discrimination · Workplace Retaliation · Wrongful Termination · Wage Theft
