Discrimination is a serious issue that affects employees across all different types of workplaces. In fact, the problem is so pervasive that a 2019 Glassdoor survey found that 61% of adults in the United States have experienced some form of workplace discrimination.
Discrimination is especially common in California, which has one of the most diverse workforces in the country all situated across a variety of different types of environments. To combat the issue, California law outlaws discrimination against employees. Even with these protections in place, discrimination in the workplace is still an issue that may come up at your job. When it does, it’s important to take measures to protect yourself emotionally, physically, and ultimately, legally.
Legal Support From Experienced California Workplace Discrimination Lawyers
If you have experienced workplace discrimination in California, it’s important to know that you have legal rights and options. You don’t have to tolerate discrimination or any other type of unlawful conduct from your employer or coworkers. At Maison Law, we are committed to fighting for the rights of employees who have been subjected to unlawful discrimination. Our team of experienced California workplace discrimination lawyers can provide the legal support you need to hold your employer or coworkers accountable. To learn more, contact us today for a free, no-obligation consultation.
California Law and Workplace Discrimination
California law provides strong protections against workplace discrimination based on a wide range of “protected characteristics”, enforced through a variety of state and federal laws. The main state law is the California Fair Employment and Housing Act (FEHA), which applies to workplaces statewide with more than five full-time employees.
As it relates specifically to workplace discrimination, the law prohibits any form of discrimination based on these protected characteristics, which include:
- Race or color
- Religion
- National origin
- Age (over 40)
- Disability (physical or mental)
- Gender identity or expression
- Sexual orientation
- Marital status
- Pregnancy or childbirth
- Medical condition (including genetic characteristics)
- Military or veteran status
The key to understanding workplace discrimination is to recognize how it normally plays out. California has a multitude of different workplaces, each with its own unique environment. That said, the law also goes about defining what type of behavior can be considered discrimination, the starting point of which is:
- Unequal or unfair treatment of an employee or job applicant based on a protected characteristic.
With that in mind, workplace discrimination can include several different types of treatment. Usually, this includes:
- Refusing to hire someone based on their protected characteristics, such as their race, gender, age, or religion.
- Paying employees with the same job and qualifications different wages based on their protected characteristics.
- Failing to provide reasonable accommodations for employees with disabilities.
- Assigning employees to less desirable tasks or denying them promotions based on their protected characteristics.
- Creating a hostile work environment through harassment or bullying based on a protected characteristic.
- Terminating an employee based on their protected characteristic, rather than their job performance.
- Providing different terms and conditions of employment, such as work schedule, benefits, or job duties, based on a protected characteristic.
- Using pre-employment screening has a disparate impact on a protected group.
Understanding workplace discrimination and its impact is essential for both employees and employers throughout the state. Not only can violations result in significant legal and financial consequences, it ultimately harms productivity and is a blatant violation of the trust that is supposed to exist between workers and management in the workplace. Thus, not only is it important to recognize treatment that is discriminatory, it’s even more important that you know what to do if it’s happening to you.
What Do You Need To Do If You Are Being Discriminated Against at Work in California?
It’s worth noting that it can sometimes be difficult to recognize whether or not you’re being discriminated against at work. Because it can take many different forms, it may not always be obvious unless it involves treatment that’s overt and intentional, such as refusing to hire someone based on their race, gender, or age.
Often though, it’s much more subtle and starts small, like excluding you from meetings or opportunities for advancement before coming to a head with a more concrete example like demoting or firing you. No matter what type of discrimination you’re facing, there are several things you need to do:
- Keep records – Keep a detailed record of any incidents of discrimination, including the date, time, location, and what was said or done. This can help you document the discrimination and provide evidence if you need to take legal action.
- Report the discrimination – This is often the most important initial step. Reporting the discrimination to your employer’s human resources department or other appropriate supervisors will put the company on notice that unfair treatment is happening, and will put the ball in their court to take action. Make sure to provide as much detail as possible and ask for a written response from your employer. This will be important evidence in the future, should the action be insufficient.
- Take care of yourself – Being the victim of workplace discrimination can be stressful and emotionally taxing. Take care of yourself by seeking support from family and friends, practicing self-care, and seeking counseling if needed.
Once you have the evidence that you’re being discriminated against, there are a couple more options you have. At this point, you should certainly consider working with one of our experienced employment discrimination lawyers. We can help you:
- Understand your legal rights and options
- Help you navigate the complaint process
- Represent you legally if you decide to take action
Legal Action to Take in California After Workplace Discrimination
Workplace discrimination in California is strongly protected under the law, which includes various legal avenues you can take should you be subjected to this treatment at work. The two main options you have are to file an administrative complaint with the Department of Fair Labor and Housing (DFEH) and a civil lawsuit.
- Filing a DFEH Complaint – If your employer does not take action to address the discrimination, you may need to file a complaint with the California Department of Fair Employment and Housing (DFEH). The DFEH investigates any complaint of workplace discrimination, and can ultimately impose fines and other penalties against your employer if they find that you have been unlawfully discriminated against. Once the DFEH rules on your complaint, they will issue you a “right to sue” notice that will allow you to file a civil lawsuit to pursue further damages from your employer.
- Filing a civil lawsuit – The second option you have to is to file a lawsuit for unlawful discrimination. You have to make sure to file within California’s statute of limitations for these claims, which is three years from the date of the discriminatory treatment. Our team can assist you with filing the Complaint in circuit court, and will then help you navigate the legal process from start to finish. This can be time-consuming, as it usually involves discovery, where both sides gather evidence, and potentially mediation or settlement negotiations. Ultimately, the purpose of a lawsuit is to recover damages. In workplace discrimination cases, this includes:
- Lost wages (front pay, back pay, lost benefits, etc.)
- Emotional distress
- Attorney’s fees and costs
Probably the most important thing to understand about the legal process for workplace discrimination is that it can be complex and time-consuming. That’s why it’s important to have our team of experienced workplace discrimination lawyers on your side to guide you through the process and help protect your legal rights.
Maison Law Stands WIth California Victims of Workplace Discrimination
No worker in California deserves to be singled out and discriminated against by their employer, especially for reasons outside of their control. Workplace discrimination is one of the most serious issues that affect employees throughout California, but victims of this unfair treatment can count on Maison Law to stand up for their rights.
Our team of experienced California workplace discrimination lawyers will work tirelessly to protect your right to a discrimination-free workplace and will guide you through the various steps you can take to hold your employer accountable for such unlawful treatment. Don’t wait to get the support you deserve, contact us today to schedule a free, no-obligation consultation.
