Asian American and Pacific Islander Heritage Month: Combating Workplace Discrimination in Southern California
May marks Asian American and Pacific Islander (AAPI) Heritage Month, a time to celebrate the contributions, achievements, and cultural richness of AAPI communities across the United States. As we honor these contributions, it’s equally important to acknowledge and address the workplace discrimination that many AAPI employees continue to face in Southern California workplaces.
Despite strong state and federal protections, AAPI workers encounter various forms of discrimination that can impact their careers, well-being, and economic security. Understanding these issues and the legal remedies available is crucial for both AAPI employees experiencing discrimination and employers committed to creating equitable workplaces.
Historical Context of AAPI Discrimination in California
Southern California has a complex history regarding its AAPI communities. This history provides important context for understanding contemporary workplace discrimination:
Early Discrimination and Legal Barriers
- The Chinese Exclusion Act of 1882 (the first major law restricting immigration)
- Alien Land Laws preventing Asian immigrants from owning property
- Japanese internment during World War II
- Restrictive covenants limiting where AAPI individuals could live
The Model Minority Myth
The “model minority” stereotype portrays Asian Americans as universally successful, hard-working, and docile. This harmful myth:
- Obscures the diversity within AAPI communities
- Minimizes discrimination faced by AAPI individuals
- Creates unrealistic expectations in the workplace
- Pits minority groups against each other
- Leads to overlooking AAPI employees for leadership positions
Recent Rise in Anti-Asian Sentiment
Since 2020, there has been a dramatic increase in anti-Asian hate incidents, creating additional challenges for AAPI workers who may face hostility both in public spaces and workplaces.
Common Forms of Workplace Discrimination Against AAPI Employees
AAPI employees may experience discrimination in various forms:
Hiring Discrimination
- Resume screening based on “foreign-sounding” names
- Questioning about immigration status even when unnecessary
- Assumptions about English language proficiency
- Stereotyping about technical vs. leadership capabilities
Wage and Promotion Disparities
- The “bamboo ceiling” limiting advancement to executive positions
- Pay disparities, particularly for AAPI women and Pacific Islanders
- Being passed over for client-facing or management roles
- Higher performance standards compared to non-AAPI colleagues
Hostile Work Environment
- Mockery of accents, names, or cultural practices
- Xenophobic comments about “going back” to another country
- Stereotypical assignments (e.g., always being asked to handle technical tasks)
- Exclusion from social activities and networking opportunities
- Microaggressions questioning national loyalty or “Americanness”
COVID-19 Related Discrimination
- Harassment blaming Asian employees for the pandemic
- Customers or colleagues refusing to work with Asian employees
- Inappropriate jokes or comments about the virus’s origin
- Targeted scrutiny about health status
Legal Protections for AAPI Workers in California
California offers some of the strongest legal protections against workplace discrimination in the nation:
Federal Protections
- Title VII of the Civil Rights Act: Prohibits discrimination based on race, color, and national origin
- Section 1981 of the Civil Rights Act: Provides additional protections against racial discrimination in contracting, including employment
- Immigration Reform and Control Act: Prohibits discrimination based on citizenship or immigration status
California State Protections
- Fair Employment and Housing Act (FEHA): Provides broader protections than federal law, covering employers with five or more employees
- California Equal Pay Act: Requires equal pay for substantially similar work
- AB 1088 (2016): Requires larger employers to provide anti-harassment training
- California Ralph Civil Rights Act: Provides additional protections against hate violence
Local Ordinances
Many Southern California municipalities have additional protections through local ordinances and enforcement agencies, particularly in Los Angeles, San Diego, and Orange County.
Signs You May Be Experiencing AAPI Workplace Discrimination
It’s important to recognize potential discrimination:
- You’re consistently overlooked for promotions despite strong performance
- Colleagues make “jokes” about your accent, appearance, or cultural background
- Your achievements are attributed to stereotypes rather than individual merit
- You face higher scrutiny or stricter standards than non-AAPI colleagues
- You experience sudden negative treatment after events like COVID-19 emerged
- You’re frequently interrupted, ignored, or spoken over in meetings
- You’re excluded from important communications or social events
- You receive feedback about not being “leadership material” despite qualifications
- You’re frequently mistaken for other AAPI employees despite little resemblance
Documenting Workplace Discrimination
If you believe you’re experiencing discrimination, careful documentation is crucial:
What to Document
- Specific incidents: Note the date, time, location, and exactly what happened or was said
- Participants and witnesses: Record who was involved and who may have observed the incident
- Your response: Document how you responded at the time
- Reporting efforts: Keep records of any complaints you make and the responses received
- Performance reviews: Save all performance evaluations, especially positive ones
- Comparisons: Note how similarly situated non-AAPI employees are treated differently
- Pattern evidence: Track recurring behaviors that demonstrate a pattern
- Physical evidence: Save emails, text messages, voicemails, photos, or videos that support your claims
How to Document
- Create a dedicated journal for workplace incidents
- Forward workplace emails to a personal account for safekeeping
- Take screenshots of relevant digital communications
- Record conversations if legal in your location (California requires all-party consent)
- Maintain copies of all formal complaints and responses
- Preserve any written policies relevant to your situation
Steps to Address AAPI Workplace Discrimination
If you’re experiencing discrimination, consider taking these steps:
1. Review Company Policies
Familiarize yourself with your employer’s anti-discrimination policies, reporting procedures, and resources.
2. Internal Reporting
- Report discrimination to your supervisor, HR department, or designated ethics officer
- Follow the company’s formal complaint procedures
- Be specific about incidents and reference applicable company policies
- Request specific remedial actions
3. Seek Support
- Connect with employee resource groups for AAPI employees
- Seek emotional support from trusted colleagues, friends, or mental health professionals
- Consider contacting AAPI advocacy organizations for guidance
4. Consider External Complaints
If internal processes don’t resolve the situation, you may file complaints with:
- California Civil Rights Department (CRD, formerly DFEH)
- Equal Employment Opportunity Commission (EEOC)
- Local enforcement agencies in your municipality
5. Consult with an Employment Attorney
An attorney experienced in employment discrimination can help evaluate your case, advise on the strength of your claims, and guide you through the legal process.
Legal Remedies for AAPI Workplace Discrimination
Legal remedies available to victims of AAPI workplace discrimination may include:
Monetary Damages
- Back pay for lost wages
- Front pay for future lost income
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious discrimination
- Attorney’s fees and costs
Equitable Relief
- Reinstatement to position
- Promotion that was wrongfully denied
- Changes to company policies
- Mandatory training for management
- Monitoring of employment practices
Employer Best Practices for Preventing AAPI Discrimination
Employers can take proactive steps to prevent discrimination:
Comprehensive Policies
- Develop clear anti-discrimination policies that specifically address issues affecting AAPI employees
- Create accessible reporting mechanisms
- Implement zero-tolerance approaches to harassment
Training and Education
- Provide cultural competency training
- Educate staff about harmful stereotypes and microaggressions
- Train managers to recognize and address bias
- Create bystander intervention programs
Recruitment and Advancement
- Review hiring practices for potential bias
- Implement blind resume screening
- Set goals for diversity in leadership positions
- Create mentorship programs for AAPI employees
Inclusive Workplace Culture
- Celebrate AAPI Heritage Month and other cultural events
- Support AAPI employee resource groups
- Encourage open dialogue about cultural differences
- Ensure AAPI voices are heard in meetings and decision-making processes
How Ochoa & Calderón Can Help
At Ochoa & Calderón, we are committed to fighting workplace discrimination affecting AAPI employees and all workers in Southern California. Our experienced employment attorneys can:
- Evaluate potential discrimination claims
- Guide you through internal complaint procedures
- Represent you in agency proceedings before CRD or EEOC
- Negotiate settlements with employers
- Litigate discrimination cases in court when necessary
- Advise employers on effective anti-discrimination policies and practices
Our firm understands the unique challenges facing AAPI workers and is dedicated to securing justice for victims of discrimination while helping create more equitable workplaces.
Embracing Diversity and Inclusion
As we celebrate AAPI Heritage Month this May, we’re reminded that workplace equality isn’t just a legal requirement—it’s a social and economic imperative. Diverse and inclusive workplaces benefit from a wider range of perspectives, increased innovation, and stronger employee engagement.
By understanding the forms of discrimination affecting AAPI employees, knowing the legal protections available, and taking appropriate action when discrimination occurs, we can work toward workplaces where all employees are valued for their individual contributions regardless of their ethnic or cultural background.
If you’re experiencing workplace discrimination related to your AAPI identity, or if you’re an employer seeking to create a more inclusive workplace, contact Ochoa & Calderón for a confidential consultation about your situation.
The answer is clear: legal representation ensures better outcomes for your claim. At Ochoa & Calderón, we fight for car accident victims to secure the compensation they deserve. Call us today at 951-901-4444 or 844-401-0750 toll-free to schedule a free consultation. You can also contact us online.
