Discrimination Should Never Be Tolerated In The Workplace
Employment can be hard to find even when the playing field is level. But when employers engage in illegal discrimination, it can be nearly impossible for certain workers to obtain what we all want and deserve: A good job that pays fairly and treats employees with respect.
If you’ve been the victim of employment discrimination, our attorneys at Employee Justice Legal Group PC are ready to help you exercise your rights and hold that business or organization legally accountable. With over a dozen highly experienced lawyers on staff, our firm has earned a reputation for a willingness to take on large corporations and our success rate on behalf of clients. Whether your case is resolved through a settlement or a jury trial, we won’t rest until we help you find justice.
Defining Illegal Discrimination In Employment
Discrimination is illegal if it is based on a “protected class,” sometimes called a protected characteristic. A protected class is a group of individuals who share a characteristic which under law is guarded from discrimination. Here are some examples of classes/characteristics that are protected under federal law, California law or both:
- Race and/or color
- National origin or ancestry
- Sex or gender (including gender identity and gender expression)
- Sexual orientation
- Religious beliefs (also known as creed)
- Physical or mental disability
- Age (for workers 40 or older)
- Military or veteran status
- Marital status
- Pregnancy and conditions related to childbirth, such as lactation
- Genetic information
Local laws may create additional protected classes Our attorneys at Employee Justice Legal Group PC are well versed in anti-discrimination laws and are here to help you if you have or suspect you have experienced illegal discrimination.
The Hostile Workplace Threshold
Discrimination can create a hostile work environment. Employers have a responsibility to safeguard the workplace from employee discrimination.
A hostile work environment can arise from:
- Inappropriate comments or jokes on protected characteristics such as race, gender or ethnicity.
- Any behavior that makes an employee or even a customer feel uncomfortable.
- Actions or remarks that interfere with an individual’s work performance.
The U.S. Equal Employment Opportunity Commission (EEOC) encourages employers to take proactive steps to help prevent and address such issues. This includes taking action if an employee or customer faces discrimination and helping ensure the workplace is free from hostility.
Steps To Take If You Believe You Are Experiencing Workplace Discrimination
If you suspect you are facing discrimination at work, you should act promptly and document everything meticulously. Here are the steps you should follow:
- Take extensive notes: Immediately following any discriminatory event, take detailed notes. Record the date, time, location and individuals involved, as well as provide a description of what happened.
- Maintain documentation: Preserve any video or photographic evidence in its original form. This documentation can be foundational in supporting your claims.
- Report to HR or management: Send a formal written report to your HR department or manager if your office lacks an HR department. Under the law, your employer must be given a chance to rectify the situation.
- File a report with the EEOC: If the internal resolution is unsatisfactory, file a report with the EEOC. They can investigate your claims and take necessary actions.
- Contact an attorney: Seek legal guidance to understand your rights and options. An attorney can guide you through the process and help ensure your case is handled appropriately.
Many people worry that filing a formal complaint may lead to retaliation by the business or fellow employees. It is important to note that whistleblower retaliation is illegal. Your workplace should protect you from any form of retaliation.
Where Discrimination Occurs And How It Can Manifest
According to the Civil Rights Department of the State of California, employment discrimination can occur in nearly every aspect of the applicant or employee experience, including:
- Using discriminatory language in job advertisements
- During the screening, application and job interview processes
- Decisions related to hiring, firing, promotion or demotion
- Employee compensation and working conditions
- Opportunities for advancement and growth, such as additional training or apprenticeships
If you work for an employer with at least five employees, your workplace is governed by California’s Fair Employment and Housing Act (FEHA). That means you are protected against discrimination based on any of the classes above in any of the situations above. You are also protected when trying to blow the whistle on illegal discrimination practices.
Frequently Asked Questions About Employee Discrimination In California
We’ve just explored the ins and outs of employment discrimination, from what it is and how it can create a hostile work environment, to the steps you should take if you’re experiencing it. Now, let’s tackle some common questions you might have.
Can you get paid while your discrimination case is pending?
The reality is that employment discrimination cases can take a considerable duration to resolve due to their complexity. It is illegal for a company to fire an employee for making a complaint, participating in an investigation against the company or filing a lawsuit over the discrimination.
That being said, many people do not remain with the employer who discriminated against them while a claim is pending. In many cases, discrimination claims will ask for lost wages.
What do you need to file for an employment issue?
First, you’ll need a compilation of evidence of discrimination, such as emails, performance reviews or witness statements. This documentation strengthens your case when presented to relevant authorities.
The California Department of Fair Employment and Housing (DFEH) handles employment discrimination claims. Filing a complaint with them initiates an investigation into the alleged discrimination.
Engaging an employment attorney is advisable. They can provide legal guidance, ensuring your case is robust and well-presented. Attorneys can also represent you during DFEH investigations and any subsequent legal proceedings.
How can you know your rights are being violated?
Identifying when your employment rights are violated is crucial for taking appropriate action. Some instances include:
- Unlawful termination: If you are terminated based on protected characteristics, it constitutes unlawful termination.
- Harassment and hostile work environment: Experiencing harassment or a hostile work environment due to your protected characteristics is another violation of your rights.
- Unequal pay or benefits: Discrimination can manifest in unequal pay or benefits. Be vigilant about your compensation compared to colleagues with similar qualifications and responsibilities.
- Retaliatory actions as punishment for engaging in protected activities, including reporting illegal or unethical behavior.
Ultimately, discussing your experiences with an attorney is the best way to determine if you have a claim.
We Make It Easy And Low-Risk To Work With Our Firm
At Employee Justice Legal Group PC, we offer free initial consultations to all prospective clients, and we take employment law cases on a contingency-fee basis. You owe no legal fees until we help you obtain compensation. You have nothing to lose by exploring your legal options with an attorney.
To get started, call our Los Angeles office at 213-669-4771 or submit an online contact form.