Lancaster Workplace Discrimination Lawyer

Common Signs of Workplace Discrimination

It is crucial to recognize the signs of workplace discrimination so that you can take action and defend your employment rights if you are ever a victim of discrimination. It is also helpful for others who may not be aware when they are being discriminated against. Workplace discrimination can appear in different forms:

• Disparate Treatment
  This occurs when an employer purposely discriminates against an employee based on a protected characteristic. It involves treating the employee unfairly or differently than other employees in a similar situation. It can manifest in any area of employment, including hiring, compensation, disciplinary actions, and promotions.
• Harmful Policies
  Some practices or policies may seem neutral but could unjustly impact employees in certain protected groups. Disparate impact can be unintentional, and many companies may not be aware they are causing it, but that does not negate the unlawful nature of the policies.
• Denial of Reasonable Accommodations
  It can be considered discriminatory for an employer to refuse to provide an employee with adjustments or modifications that are necessary for a disabled employee to effectively perform their duties. If there is no valid reason for denying the accommodations, like an undue hardship for the employer, it can be a violation of disability rights laws.
• Harassment
  Workplace harassment, including sexual harassment, entails offensive, derogatory, or unwanted behavior directed at a group or an individual person based on their protected characteristics. This includes behaviors like making offensive or derogatory comments, engaging in verbal or physical abuse, or displaying offensive images.
• Discriminatory Hiring or Work Practices
  This involves behaviors, procedures, or policies that favor certain groups in every aspect of employment. It could suggest that favoritism is shown, and individuals are being discriminated against because of their protected class. An indicator might be an organization hiring or promoting few individuals of a protected class.

Legal Protection From Workplace Discrimination

Although FEHA is the primary law in California that protects employees from discrimination, several federal laws also ensure protection from discrimination in different areas of employment. Some of these laws include:

• Title VII of the Civil Rights Act of 1964
• Americans With Disabilities Act
• Pregnancy Discrimination Act
• The Genetic Information Nondiscrimination Act
• Age Discrimination in Employment Act
• Immigration Reform and Control Act
• The Equal Pay Act

The Equal Employment Opportunity Commission (EEOC) enforces these laws to make sure employers are held accountable for discrimination in situations of hiring, termination, promotion, wages, benefits, training, and harassment.

FAQs

Q. What Can I Do if I Feel I Am Being Discriminated Against at Work?

A. If you feel you are being discriminated against at work, there are several actions you can take to address it. To start, you should document each incident of discrimination and save any documentation that might support your claim. Then, you should report each incident to the proper authority in your situation. Contacting a lawyer and filing a complaint with the California Civil Rights Department is also possible if the discrimination is excessive or continues.

Q. How to Fight Discrimination in the Workplace?

A. To fight discrimination in the workplace, employers and organizations should take an inclusive approach that involves detection and prevention. Some potential strategies could include enforcing anti-discrimination policies, providing diversity and inclusion training sessions, encouraging employees to report discrimination without fear of retaliation, investigating reports promptly and appropriately remedying violations, and promoting diversity. Fighting workplace discrimination requires long-term commitment and collaboration.

Q. Can I Be Fired for Reporting Discrimination in the Workplace?

A. You can’t legally be fired for reporting discrimination in the workplace. That is considered retaliation, which is a form of discrimination. Reporting discrimination is a protected activity for which there are both state and federal laws to protect workers from retaliation. If you believe you were fired or retaliated against in any way for reporting discrimination, you should speak to an employment lawyer. You may be able to file a legal claim against your employer.

Q. What Are the Two Ways to Prove Discrimination?

A. You can prove discrimination with direct or circumstantial evidence. Direct evidence is rare and shows that your employer explicitly engaged in discriminatory conduct. For example, communication from your employer telling your supervisor not to promote you because of a protected characteristic would qualify.

Circumstantial evidence is more common and includes information indirectly proving you were discriminated against. This includes showing you were qualified for a promotion that was instead given to someone, not in your protected group and showing that your employer has a history of disparities in promotion rates.

Nosrati Law, A Professional Law Corporation: Your Lancaster Workplace Discrimination Legal Team

We are a team dedicated to holding employers accountable for their discriminatory actions against their employees. If you have experienced any form of discrimination in the workplace, we are here to help you.

Schedule a consultation with our office today and take the first step towards justice.