Understand Your Rights When It Comes to Job Discrimination
Why is it important to understand your rights when it comes to job discrimination?
Read now for the details.
Introduction
Working and sustaining employment is a right in California, not a privilege. You don’t have to find yourself facing uncomfortable or unfathomable working conditions – just to get a paycheck. You have rights that your employer must follow – especially when it comes to discrimination. And, understanding your rights is key.
Below you will find everything you need to better understand the important rights you have when working in California – and what to do when you face job discrimination.
Anti-Discrimination Laws in the Workplace
According to California law – as well as federal law – individuals in the workplace are protected against discrimination based on:
- Race, color
- Ancestry, national origin
- Religion, creed
- Age (40 and older)
- Disability, both mental and physical
- Sex, gender (including pregnancy, childbirth, breastfeeding, or other related medical conditions)
- Sexual orientation
- Gender identity, gender expression
- Medical conditions
- Genetic information
- Marital status
- Military or veteran status
In California, employers with 5 or more employees, must:
- Not discriminate against job applicants or employees based on any of the above – or retaliate against those who assert their rights if it happens.
- Provide those employees with job-protected leave to care for necessary family or health-related matters. This includes those that involve children, spouse, domestic partner, parent, grandparent, sibling, new baby, etc.
- Provide up to four months of disability leave. This includes pregnancy, childbirth, or other similar situations.
- Give training sessions on sexual harassment to employees in and out of management.
Harassment is prohibited by the Fair Employment and Housing Act (FEHA) in all workplaces, whether one employee or 10,000 employees.
If you have found yourself the victim of any of these, then it is important to speak up. It may be comforting knowing that laws are also in place in California to protect against retaliation. For instance, if you report violations of state or federal laws in regard to working conditions, including discrimination or harassment, or you participate in an investigation about such claims, you are protected from retaliation. You cannot become a target for taking a stand.
Examples of Job Discrimination
Workplace discrimination can happen in many different ways, but to give you an idea, we’ve put together a list of some common examples.
- Not getting hired based on a protected right.
- Being addressed with inappropriate comments, such as racial slurs, derogatory remarks, display of racially-offensive symbols, and so forth.
- Terminated due to a protected right.
- Promoting, demoting, or terminating an employee based on personal preference.
- Denying leave.
- Assigning the least desirable shifts or taking away good shifts without any real reason for doing so.
- Not accommodating religious beliefs.
- Denying employment based on personal preference.
- Touching or making lewd comments, unwelcome sexual advances, requests for sexual favors, etc.
- Playing favorites when it comes to promotions or perks, rather than focusing on professional merit.
Keep in mind that job discrimination laws in California apply to all actions taken by an employer. From the time they advertise an available position or go through the interview or screening process to hiring, promoting, terminating, or even the working conditions and compensation themselves – know that there are laws in place to protect employees against these instances.
If you have experienced discrimination in the form of one of these examples or something else, it is time to take action. Hire an attorney to help you navigate the waters so that you get the most effective solution to your situation.
Proving Job Discrimination
Legal claims require proof in order to be successful, regardless of the type of claim. Workplace discrimination is no different. You will need evidence proving your claim, such as any written documentation (including emails, text messages, etc.), photos or videos, first-hand accounts of the discrimination, as well as statements from those who have witnessed it.
Proving discrimination in the workplace is not always easy. The more details you have and the more evidence you have, the stronger your claim will be – and the greater your chance of success in and out of the courtroom.
What Are the Possible Resolutions?
The laws in California offer some resolutions that can be used in job discrimination cases, depending on the situation. According to the Department of Fair Employment and Housing (DFEH), they include:
- Repayment of lost earnings
- Payment of future earnings
- Hiring or reinstatement of position
- Promotion
- Out-of-pocket expenses
- Policy changes and training
- Reasonable accommodations
- Punitive damages
- Attorney fees and costs
Experiencing Job Discrimination? Here’s What to Do
Before you threaten a lawsuit, take the time to address your concerns with your superiors in the workplace. If you address it with a shift supervisor and get no resolution, take it higher. Sometimes your HR department is the best place to start, as these individuals will have the most up-to-date knowledge on discriminatory practices.
Another step you can take is to file a complaint with the DFEH. This must be done within 3 years from the date of the incident. If you choose to proceed with legal action, you must obtain a Right-to-Sue notice from the DFEH before doing so. This can be done immediately or following an investigation by the state.
Hire an Attorney
You may believe that hiring an attorney for your job discrimination claim means filing a lawsuit right away and taking your employer to court. While this could be an option, it is not usually the best choice for a first step.
Starting with a letter from an attorney is a good place to start. This acknowledges the action and gives the employer an opportunity to make things right. Negotiating with the employer outside of court can save both time and money. Unfortunately, this doesn’t always work. And, in that case, it could be best to file a legal action and let the courts work out the discrimination issue.
Conclusion
Employment is necessary for most residents of California to have a good quality of life. And this should be free of discrimination. Understand your rights and take action when necessary. Don’t forget that an attorney is a great resource.
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