Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists.
If you’re like most Californians, you spend an inordinate amount of time at work. While you’re at work, you would hope that it will provide you with a safe place to contribute and provide labor so that your employer can reach their goals and keep you employed in the process.
However, there are times when the workplace becomes hostile and intolerable. Usually, this occurs either through discrimination or retaliation. When these illegal activities occur, it can upset the entire balance of the work environment and make it impossible for you to continue working there. But in order to build an effective case, you have to provide evidence of discrimination.
Work With Experienced California Employment Lawyers
When you suffer discrimination or retaliation in the workplace, you can turn to our experienced team at Maison Law for help.
Our firm has built a strong reputation for obtaining results for victims of workplace discrimination throughtout California, and is happy to provide you with the support and validation you need to seek compensation from your employer for their illegal actions.
Your employer needs to know that subjecting anyone to discrimination or harassment in the workplace is against the law and won’t be tolerated.
To take the first step in holding your employer accountable, contact us today for a free consultation.
California Law and Workplace Discrimination
In the workplace, both federal and California law are very clear about discrimination. Basically, any discrimination is outlawed in the workplace. Discrimination, at least in terms of the law, occurs when your employer treats you or anyone else differently based on some characteristic or action.
As it pertains specifically to California law, the California Fair Employment and Housing Act (FEHA) protects employees from workplace discrimination and allows them legal recourse if they are discriminated against in the workplace.
The FEHA applies to both public and private employers, labor organizations, and even employment agencies. It further protects even job applicants, meaning that you can sue an employer for discrimination even if they never officially hire you.
Not only does the FEHA protect workers from discrimination, but also from harassment that is based on a protected characteristic. While the FEHA’s anti-discrimination provision apply to employers with five or more employees, the anti-harassment provisions apply to every California employer regardless of how many employees they have.
Who Is Protected Under the California FEHA?
Obviously, the main purpose of the FEHA is to protect certain vulnerable individuals that may be no stranger to suffering discrimination in other parts of their lives. As such, the FEHA clearly defines exactly who is protected and what actions constitute discrimination by an employer.
Under the FEHA, the following characteristics are protected from discrimination:
- Race
- Religion
- Color
- National Origin
- Ancestry
- Sexual Orientation
- Sex
- Gender
- Gender Identity or Expression
- Physical or Mental Disability
- Medical Condition
- Age (those over 40 years old)
- Genetic Information
- Marital Status
- Military and Veteran status
It’s important to understand that just because certain employees may not fit into one of the above categories, they can still enjoy protection from discrimination if they engage in what is known as a “protected activity” like reporting discrimination or harassment. Thus, the FEHA’s protections aren’t just limited to minorities. On top of protections under state law, federal law also prohibits most types of employment discrimination.
Harassment
The law in California not only protects these individuals from discrimination, but also workplace harassment. Usually, harassment and discrimination coincide with one another. Harassment is usually defined as any:
- Unwelcome behavior or policies that are based upon protected characteristics.
Normally, this behavior becomes so severe that the employee is forced to “constructively discharge” themselves from the workplace, meaning they quit because of the treatment. Even in these instances, the law still covers them.
How Does Discrimination Occur in California Workplaces?
In much the same way the FEHA lays out which characteristics are protected, it also lists several prohibited practices that your employer can engage in, including the following:
- Demoting or firing you because of your protected characteristic or your belonging to a protected group.
- Refusing to hire or promote you because of your protected characteristic.
- Setting policies that will disproportionately affect you or other employees who have a certain protected characteristic.
- Failing to accommodate your religious or disability-related needs, including a refusal to engage in the mandated interactive process.
- Subjecting you to continued workplace harassment.
- Cutting your pay or work hours.
- Denying your reinstatement after a layoff.
- Denying you medical, financial, or other benefits.
- Subjecting you to a hostile work environment in order to force you to quit.
What Evidence Do I Need For a Workplace Discrimination Case in California?
Like any other claim, your case of workplace discrimination rests on the evidence you can provide. Normally, the discrimination will be very subtle and infrequent, at least initially. However, once you become aware of the discrimination, you’ll want to make sure to begin documenting incidents and collecting any evidence that proves you’re being discriminated against. Normal evidence of workplace discrimination usually includes:
- Emails
- Text messages
- Recordings
- Your employment contract, if one exists
Providing evidence of discrimination is only one piece of the puzzle. To further drive home the point, you’ll want to collect any evidence of retaliation by your employer. Typically, this includes things like:
- Work schedules
- Paystubs
- Recordings
- Disciplinary forms
- Termination documents
Again, these documents are vital to proving your case. Claiming discrimination, even if it’s overt, can only take you so far. Having concrete proof in the form of an incriminating email or text message could be the difference between a middling settlement offer and an overwhelmingly positive jury award, should your case go to trial.
What Can I Do About Workplace Discrimination in California?
When you report discrimination or harassment to your employer, you have engaged in protected activity. At that point, the ball is in your employer’s court to do the right thing. If they decide to take no action-or worse, increase the discrimination or harassment-you have the right to pursue compensation.
The most direct way to get compensation is to file a lawsuit against your employer. In a discrimination or harassment case, you will very likely have suffered financially and emotionally. In these situations, California law gives you the option of recovering some of these damages, including:
- Lost wages
- Back pay
- Pain and suffering
- Emotional distress
- Punitive damages in severe cases
Practically speaking, recovering financial compensation is the best outcome of any lawsuit. However, a potentially more beneficial outcome is bringing your employer’s illegal actions to light so that they must make changes.
Hold Your California Employer Accountable For Workplace Discrimination
No matter what industry you work in here in California, you have a clear legal right to a workplace free of discrimination and harassment. When your employer fails to take your rights seriously and decides to violate your rights, you have rights of your own, including filing a lawsuit.
But like any lawsuit, you need evidence and guidance to get the result you want. That’s where the team of compassionate and dedicated California employment lawyers at Maison Law can help. We have years of experience and a proven track record of success in discrimination cases, and can make sure you get the compensation you deserve. Contact us today for a free consultation to get started.
