The Types of Discrimination and How to Take Action

Over half of all workers report experiencing discrimination in their current company. There are various types of discrimination employees can face while working.

Continue reading for more information.

Introduction

Everyone deserves the right to live their life free of discrimination, especially when it comes to where they work and where they live. Unfortunately, this doesn’t always happen. Sometimes people are discriminated against.

Although no one wants to be on the receiving end of this behavior, there is some good news. Laws are in place to protect your rights – and you can take legal action. Here is everything you need to know.

Different Types of Discrimination in California

While the federal government protects individuals from all types of discrimination, the state of California takes it a little further under the California Fair Employment and Housing Act. The government protects all individuals who face discrimination based on the following:

• Race
• Religion
• Color
• National origin
• Ancestry
• Disability (mental or physical)
• Medical condition
• Genetics
• Marital status
• Sex
• Gender
• Gender identity
• Pregnancy
• Gender expression
• Age (40 years of age and older)
• Sexual orientation
• Military and veteran status

Discrimination can, unfortunately, occur in many different settings, such as work, scroll, hospitals, or public places. However, discrimination in the workplace is often the most common – and reported.

Types of Discrimination in the Workplace

Most discrimination occurs in the workplace – and in many different scenarios, including harassment, denial of accommodations for religious beliefs or disability, illegally requesting genetic or medical information, retaliation, and other unfair treatment.

There are five different types of discrimination that commonly happen in the workplace. They are as follows:

1. Disparate treatment: When an employer takes action, such as promotion or termination, based on one of an employee’s protected traits, such as age. This type of discrimination is intentional, and you need to prove that it is by filing a claim for it. Employers can sometimes back up their actions, so you will want to work with an attorney on this one to ensure that proof is there.
2. Disparate impact: Rather than employer action, disparate impact involves policies and disproportionate effects they may have.
3. Harassment: Harassment can include touching, slurs, and intimidation. It often includes sexual harassment, such as unwanted advances, touching, and so on based on a protected trait.
4. Hostile work environment: When the harassment turns severe or pervasive, the employee no longer feels safe to go to work. At that point, the work environment becomes hostile.
5. Quid pro quo: Quid pro quo is a Latin term often used in the legal field, which means “this in exchange for that.” Some employers may promise a promotion, for example, if they give sexual favors in return.

Taking Action: How to Report Workplace Discrimination in California

You may want to jump right into filing a lawsuit against your employer for discrimination, but there are other steps you may need to take first.

Depending on the situation, you might want to file a complaint with your human resources department before taking any other action. For instance, an act of discrimination between two co-workers or a non-supervisor could be resolved by upper management as they would be the ones held liable. Should you proceed with a lawsuit down the road, having this step in the complaint could be beneficial.

If going to the employer or HR is not viable, you must file a complaint with the Department of Fair Employment and Housing (DFEH). The idea is that you try to exhaust all efforts first before moving on to the court system. Once filed, the case will go through a DFEH or an EEOC investigation.

If you have an urgent case of discrimination, you can request that the DFEH allows you to go ahead and file a lawsuit within the court system as long as you have an attorney. The attorney will take care of obtaining this notice so you can file the case.

Your attorney will review the facts of the case in detail and put together a formal complaint for the California Superior Court located in the proper county (generally where the discrimination occurred). This complaint then needs to be formally served upon the employer and anyone named as a defendant.

The employer will file a formal answer, and further litigation will commence. Sometimes the involved parties can negotiate a settlement. Other times the case can go before a judge and a jury with an entire trial of presenting evidence, hearing arguments, and so forth.

Working with an experienced discrimination lawyer, you will be able to learn about all the options available to you, what your best step may be, and what you can expect in damages.

Proving Discrimination

There are times when workplace discrimination is undeniable. However, this is not always the case. Sometimes it tries to sneak by unnoticeable, making it tough to prove. Employers trying to protect themselves know that if they put something discriminatory in writing or say something boldly to you, they will likely get served with a lawsuit. But, if they do it casually, it will have you questioning what just happened.

So then, how do you prove discrimination?

• Treating you differently from others
• Having a different attitude towards you after disclosing you belong to a protected group
• An unexplained change in performance reviews
• Reduced hours and pay
• Allowing racist/sexist jokes to take place in the workplace
• Being excluded from specific meetings or events
• Different rules for those with different ethnicities

Know that it is not uncommon for employers of the same class as you to still discriminate against you based on the protected trait you share. For instance, a woman discriminates against another woman due to her gender.

Statute of Limitations

In California, there is a statute of limitations on workplace discrimination claims three years from the date of the last incident. You should note that there are exceptions to this limitation, so it is always a good idea to talk to an attorney.

There are laws to protect you from discrimination at the state and federal levels. If you have been the victim and had your rights violated, hire legal representation today. It’s time to take action.