What’s Workplace Discrimination?
There are contrasting viewpoints on properly defining workplace discrimination. This has discouraged and misguided many people about what they need to do when they face discrimination.
However, in a general sense, and from a point of view of what the law says workplace discrimination is, it is an uneven treatment of a certain person or class of persons due to certain situations. Workplace discrimination, also known as employment discrimination, comes in many forms and it is not unlikely that you may have suffered from some form of it.
Either way, this article aims to help you in understanding the basics of workplace discrimination, particularly in California, and how you can take a step towards seeking justice where the need arises.
Diverse Forms of Workplace Discrimination
You may be curious to know what specific forms of workplace discrimination can happen against a person. There are the most regular types and there are less regular ones. The most common forms of workplace discrimination are:
- Race
- Religion
- Sexual Orientation
- Age
- Sex
- Disability
The Less Frequently Recognized Protections are:
- Gender Expression or Reassignment
- Immigration Standing
- Country of Origin
- Medical Condition
- Failure to Accommodate
- Veteran Status
In California however, you can enjoy several other extra protections against workplace discrimination. These are:
- Mental health Disability
- Political Associations and Activities
- Status as an object of domestic assault, violence, or stalking, etc
- Genetic Information
- AIDS/HIV
- Marital standing
Discrimination against Applicants
Companies and organizations are restricted in several instances to make sure discrimination does not occur in the process of hiring new applicants into the workplace.
Under the Regulations of the US Equal Employment Opportunity Commission (EEOC) (which also applies to you if you work within the state of California), companies and organizations may not attempt any of the following:
- Advertise jobs using protected classifications as a basis
- Refuse to offer applications to persons who are under protected groups
- Find out more about the form or seriousness of certain disabilities while the hiring process is still ongoing. Only after when the disabled individual is employed can the hirer find out more about these items
- Refuse to employ using stereotypes as a benchmark
- Assess job referrals based on protected classes
Maternity Leave
Are you a new or expecting mother? And are you wondering if you are entitled to maternity leave? It’s alright!
While some companies do offer the maximum expected periods of maternity leave, other workplaces may fall short of offering even the legal minimum of maternity leave. To be more particular, in California, expectant mothers who go through disabilities because of their pregnancies are permitted to take a disability leave extending for as long as four (4) months.
Moreover, they are equally entitled to a reasonable extent of accommodation leave if they go through birth-related or pregnancy disabilities the moment they deliver the babies.
Employers are not expected to discipline expectant or new mothers by denying these mothers promotions or pay raises. Also, employers should not treat you any differently than others if you fall into this category. Where they do not comply with these regulations, they may be liable for discrimination.
Vengeful Termination
A persisting problem with many organizations is vengeance or retaliation. If an employee files complaints, reporting to one state or federal agency or even putting in a claim for workplace discrimination, and after then employee was terminated, that may result in a case of reprisal.
Reprisal, retaliation, vengeance, or whatever name you wish to give it, in these circumstances, is unlawful. However, trying to establish such an unpleasant attitude before a court of law as vengeance may be hard – a reason why most victims should seek competent legal counsel when they contact law firms specializing in labor and employment cases.
Specific Employment Discrimination Laws in California
In California, the major state legislation relating to workplace discrimination is the Fair Employment and Housing Act of 1980. “What’s the purpose of this law?” you may ask. The purpose is to set up a body to guarantee housing and employment rights for the citizens of California.
Since the law came into operation, it has extended the protection classes to factor in the following:
- Medical or Mental disabilities
- Political Association
- Sexual Orientation
- Veteran or Military Status
- Standing as a Target of Domestic Assault, Violence, or Stalking
- Gender expression and identity
- Experiencing Gender Reassignment
Note that, in California, anti-discrimination legislations of every type applies to any firm, company, or organization that has five (5) or more workers. Under the Employment and Housing Act, no such peculiarity between age-based and other sorts of discrimination exists.
WORKPLACE DISCRIMINATION FAQS
Is there anything I can do as an employee to prevent workplace discrimination?
Ensure you know the behaviors that constitute workplace discrimination, bullying, harassment. Take time to review the Employee Guide and read more about the employment laws in both the US as a federal system and California as a state. Do more to know what your rights are and where you perceive you are being discriminated against, and of course, when in doubt – seek legal counsel from a law firm specializing in labor and employment.
Are there exemptions to these laws?
Religiously-associated bodies like churches, schools, and hospitals are exempt from federal or state workplace discrimination laws due to their religion. The same applies to occupational or professional qualifications, for instance, SEAL Teams or law firms.
Does every personally unacceptable behavior constitute discrimination?
Almost everyone remembers dealing with spiteful colleagues at our workplaces at different points in time. They may have ignored or commented rudely about you for one thing or the other. For instance, for being an ‘an addict rambler’ or for liking certain things, or for anything really. This notwithstanding, unless you were treated unfairly owing to a characteristic the law covers, it may not apply as discriminatory under the relevant anti-discrimination laws.
Can I sue the company for the misbehavior of my co-workers?
If an employer did not make attempts to check or prevent employees or colleagues from involving in discriminatory behavior, bullying, harassment, the employer may be held liable for the discriminatory behavior of its workers. So, you can sue the company for the misbehavior of the co-workers or colleagues in the relevant circumstances.
How can I prevent workplace discrimination as an employer?
You can prevent or minimize the chances of workplace discrimination by observing your workers closely and introducing preventive measures. Ensure all your company leadership and employees know that discriminatory conduct will not be accepted. If complaints are lodged, ensure you have the policy and arrangement to promptly take care of the situation and stop it from mounting.
COMPETENT LEGAL COUNSEL AT YOUR REACH
Are you being discriminated against at your workplace? In whatever scenario a person undergoes workplace discrimination, their chances would be better if they reached out to a law firm, that specializes in labor and employment law.
At JLG Lawyers, you can contact our team of labor and employment experts every day from 9 AM until 9 PM and have a Free Strategy Session to discuss your case, without any charge.