Even though it may seem obvious, being discriminated against at work is often rather difficult to detect. Generally speaking, employee discrimination can refer to a wide range of unfavorable and negative treatment that’s based on certain characteristics. While it can sometimes be difficult to recognize, discrimination in the workplace is illegal under California law. What this means is that if you have certain characteristics and believe you are being treated differently because of them, you may have the ability to hold your employer accountable.
Victims of Employee Discrimination Can Count On Maison Law
Nobody wants to work in an environment where they are discriminated against or treated differently than their coworkers. Unfortunately, many employees in California suffer unfair and illegal treatment every day. At Maison Law, we proudly stand up for these workers. Our team of experienced California employment lawyers understands the complexities of discrimination cases and is prepared to provide you with the legal representation you deserve. Contact us today to schedule a free consultation and discuss your legal options. Don’t let discrimination go unchecked–let us help you fight for justice and fair treatment in the workplace.How Does California Law Define Employee Discrimination?
Generally speaking, employee discrimination happens when an employer treats someone differently or unfairly because of their “protected characteristics”. Protected characteristics include:- Race
- Color
- National origin
- Ancestry
- Religion Sex (including pregnancy)
- Gender identity
- Sexual orientation
- Age (40 and over)
- Genetic information
- Medical condition (including cancer and HIV/AIDS)
- Disability
- Marital status
- Military or veteran status
What Constitutes Employee Discrimination in California?
Unfortunately, employee discrimination is a pervasive problem that can occur in many different forms throughout workplaces in California. While every workplace is different, with its own unique factors and circumstances that make up its work environment, discrimination for any reason is considered illegal. Still, there are many different types of discrimination that you or other employees can suffer in the workplace. These usually include the following:- Race and color discrimination – These types of discrimination occur when an employer treats an employee differently based on their race or skin color. For example, an employer may refuse to hire someone because of their race, or they may only offer certain job assignments to employees of a certain race.
- Gender discrimination – Gender discrimination happens when an employer treats an employee differently based on their gender. This can include discrimination against women, men, and transgender individuals. Gender discrimination can take many forms, such as unequal pay, unequal job opportunities, or sexual harassment.
- Age discrimination – Age discrimination occurs when an employer treats an employee differently based on their age. Typically, this type of discrimination is aimed at employees over the age of 40. Age discrimination can take many forms, including job termination, layoffs, and denial of promotions.
- Disability discrimination – When an employer treats an employee differently based on the employee having a disability, there may be disability discrimination. This can include failure to provide reasonable accommodations, denial of job opportunities, and job termination.
- National origin discrimination – National origin discrimination occurs when an employer treats an employee differently based on their country of origin or ancestry. This can include discriminatory hiring practices or harassment based on aspects of the employee’s national origin, like their accent.
- Religious discrimination – Religious discrimination is fairly common, and happens when an employer treats an employee differently based on their religion or religious beliefs. For example, an employer may refuse to allow an employee to take time off for religious holidays.
- Sexual orientation and gender identity discrimination – Another common form of employee discrimination occurs when an employer treats an employee differently based on their sexual orientation or gender identity. This can include discrimination in hiring, promotion, or job opportunities, as well as harassment or hostile work environments.
How To Recognize Employee Discrimination in California
One of the things that makes discrimination so difficult to pick up on is that it can involve a wide variety of different forms of mistreatment, most of which are often very subtle. Still, there are some common signs and indicators that can help you identify discrimination in the workplace. Here are some steps that you can take to recognize employee discrimination in California:- Learn about the different forms of discrimination – Understanding the different types of discrimination that can occur in the workplace is the first step in recognizing it. Familiarize yourself with the various forms of discrimination that are protected by law, including race, gender, age, disability, national origin, religion, and sexual orientation and gender identity.
- Pay attention to your employer’s actions – Discrimination can be subtle or overt, so it’s important to pay close attention to your employer’s actions. For example, if you notice that your employer consistently assigns certain tasks or promotions to you or employees of a particular gender or race, this could be a sign of discrimination.
- Document any discriminatory behavior – Keep a record of any incidents of discriminatory behavior you witness or experience, including the date, time, and details of what happened. This can help you build a case if you decide to take legal action.
- Look for patterns – Discrimination can be a pattern of behavior, so it’s important to look for consistent behavior over time. For example, if you notice that certain employees are consistently excluded from important meetings or events, this could be a sign of discrimination.
- Talk to other employees – It can be helpful to talk to other employees to see if they have noticed any discriminatory behavior. This can help you build a case and identify patterns of behavior that may not be immediately apparent.
What Legal Options Are in Place For California Employees?
Part of the legal protection for employment discrimination in California allows employees to pursue legal action against their employers. Generally, these employees have several legal options available to them. While every case has its own unique circumstances, the actual process for taking action usually involves the following procedure:- File a complaint with the Department of Fair Employment and Housing (DFEH) – The DFEH is responsible for enforcing California’s fair employment laws, including the FEHA. When you believe you have been discriminated against, you can first file a complaint with the DFEH. The DFEH will investigate the complaint and will gather and review any evidence from both you and the employer. Ultimately, they will make a ruling and issue what is known as a “right to sue” letter” that will allow you to file a lawsuit in civil court.
- File a lawsuit – Once you have concluded the administrative complaint process, you then have the option of filing a lawsuit against your employer. Lawsuits can be filed in state or federal court and can seek compensation for damages such as lost wages, emotional distress, and loss of dignity, among other damages. Importantly, you should always consult with our team of experienced employment lawyers to make sure you file suit within the statute of limitations for these claims, which is three years from the date the discrimination began.
