Jamil Estorninos is currently jumbling work and law school. He is now only 5 units away from his law degree but 1.5 million miles away from his dream – to become the next John Grisham. He writes while waiting to become a force to reckon with in the legal world.
Discrimination here. There. Everywhere.
In a country which has the most number of races in the world comprising its citizenry, we oftentimes hear people complain that they have been discriminated against.
There is discrimination when any of the civil rights of an individual is denied or interfered with because of his/her membership in a particular class or group of people. Take race for example.
Everyone in the United States belongs to a race, so thus in California. This should have never been a social issue in the first place if only one does not think less of the other; if only one does not assert to be better than the other. Racial discrimination exists then. As much as it still exists now.
The United Nations Convention on the Elimination of All Forms of Racial Discrimination defines “racial discrimination” as any distinction, exclusion, restriction or preference based on:
- race
- color
- descent
- national or ethnic origin
There is racial discrimination when any of the four mentioned is used for the “purpose of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life.”
There are numerous statutes, or laws, which are enacted in the United States to lessen racial discrimination, if not to totally abrogate it.
The long-standing Civil Rights law declares it unlawful to “discriminate against any applicant for employment or any employee by reason of his/her color or race with regard to hiring, promotion, job training compensation, termination, or any other condition, privilege, or term of employment.”
The Equal Rights under the Law (Section 1981 Title 42) protects individuals from discrimination based on race in making and enforcing contracts such as employment contracts, participating in lawsuits and giving evidence.
In fact, the California law itself makes it illegal for an employer to discriminate against an employee based solely on race, religion, gender, national origin or age.
Discrimination, based on employees’ race, by simple term, is what we commonly call racism. Racial discrimination, which is interchangeably also called ethnic discrimination, emerges because some people believe that there lies a difference between people of different groups, i.e. blacks, whites, Asians, Latinos, etc.
If one is hired, fired, promoted or demoted by an employer because of his/her color or race, in all probability, there was racial discrimination. And as this act is considered illegal, the law provides compensation for countless victims of these unfair practices.
Further, there is also discrimination if equal employment opportunity is denied by reason of any of the following:
- marriage to or association with those belonging to a different/ a certain race
- association with or membership in ethnic based groups
- participation or attendance in educational institutions or places of worship generally correlated with certain minority groups.
Discrimination is inimical to a civilized world. Blacks or whites – let us treat each other equally. After all, are we not all humans? But if this country’s laws are not just enough to protect you, maybe a racial discrimination lawyer can.
Our expert Los Angeles employment attorneys are knowledgeable with issues such as employment discrimination. You can visit our website to avail of our free case evaluation.
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