Have you ever felt like you were being treated unfairly at work? Maybe you were passed over for a promotion, even though you were clearly the most qualified candidate. Or perhaps you’ve endured offensive comments or jokes from coworkers that made you feel uncomfortable and disrespected. Discrimination and harassment in the workplace are not just demoralizing – they’re illegal.
As employment law attorneys, Malk Law Firm has seen many cases where hardworking individuals have had their careers derailed by an employer’s unfair actions. But you don’t have to suffer in silence. There are laws in place to protect you and clear channels to report unfair treatment.
What Constitutes Employment Discrimination?
Employment discrimination happens when an employer treats an employee or job applicant unfavorably because of their race, color, religion, sex, national origin, age, disability, or genetic information. It’s a violation of federal law, enforced by the U.S. Equal Employment Opportunity Commission (EEOC).
Discrimination can rear its ugly head at any stage of employment – from the hiring process to promotions and pay decisions, all the way up to termination. Some examples of discriminatory actions include:
- Not hiring a qualified candidate because of their race or age
- Paying employees of a certain gender less for doing the same work
- Denying an employee a reasonable accommodation for their disability
- Terminating a worker for becoming pregnant
- Harassing an employee through offensive jokes or slurs about their religion
The key thing to understand is that employment decisions cannot be influenced by these protected characteristics. It doesn’t matter if the discrimination was intentional or not – it’s still illegal.
California Laws on Employment Discrimination
In addition to federal protections, California has its own laws prohibiting employment discrimination based on protected characteristics like:
- Race, religious creed, color, national origin, ancestry
- Physical or mental disability, medical condition
- Marital status, sex, age
- Sexual orientation, gender identity/expression
The California Fair Employment and Housing Act goes even further by also prohibiting discrimination based on military/veteran status and immigration status.
So, Californian employees have robust legal protection against many forms of unfair treatment in the workplace.
Recognizing Workplace Harassment
One particularly insidious form of employment discrimination is harassment – offensive conduct that creates a hostile or intimidating work environment. There are two main types of harassment:
- Hostile Work Environment: This involves offensive conduct like slurs, derogatory remarks, physical gestures, or even assaults that are based on a protected characteristic like race or sex. The harassment must be pervasive enough to create an abusive atmosphere at work.
- Quid Pro Quo Harassment: This is when submission to sexual advances or other harassing conduct becomes a condition for employment decisions like hiring, promotions, or keeping one’s job.
Sexual harassment is perhaps the most well-known form, but discriminatory harassment can actually target any protected characteristic. An employee could be subjected to abusive, derogatory comments about their religion, physical disability, or age.
The harasser could be a supervisor, coworker, or even a non-employee like a contractor or customer that the company allows to create a hostile environment. The employer can be liable for allowing such harassment to occur and failing to take corrective action.
Reporting Unfair Treatment to the Proper Authorities
If you’ve experienced discrimination at work, the first step is to report it through the proper channels. The EEOC is the primary federal agency that enforces anti-discrimination laws, including:
- Title VII of the Civil Rights Act (prohibiting discrimination based on race, color, religion, sex, and national origin)
- The Age Discrimination in Employment Act
- The Americans with Disabilities Act
You’ll also need to file your charge within strict time limits – generally 180 days from the date of the alleged discrimination.
You also have the option of filing a complaint with the California Civil Rights Department (CRD). It’s critical that you file a timely charge with the EEOC or CRD before you can file a lawsuit for employment discrimination in court. The agencies need an opportunity to investigate the allegations and attempt conciliation first.
If their efforts are unsuccessful, they will issue you a “Right to Sue” notice once the administrative process has been exhausted. Only then can you take your employer to federal or state court.
Consulting an experienced California employment lawyer can provide invaluable guidance throughout this process. At Malk Law Firm, we can assess the merits of your case, ensure all filing requirements are met, and pursue all available remedies.
Protecting Yourself from Retaliation
One of the biggest fears employees have about reporting unfair treatment is retaliation – their employer punishing them for speaking up. Retaliation can take many forms:
- Termination or demotion
- Pay cuts or other negative job actions
- Verbal or physical abuse
- Exclusion from workplace opportunities
- Any action that would deter a reasonable person from making a complaint
The good news is that anti-retaliation laws protect not only employees but also job applicants and former employees from being punished for:
- Filing a discrimination charge
- Participating in an investigation, hearing, or litigation
- Opposing employment discrimination (including internally)
Employers cannot retaliate against you for utilizing your legally protected rights. If they do, that becomes an additional violation that can trigger further legal remedies.
It’s crucial to keep detailed notes documenting all incidents of discrimination or retaliation. Save any related emails, texts, or other communications as potential evidence. Follow your employer’s internal grievance procedures, but know that you are still protected under state and federal law even if you bypass them.
Knowing Your Rights and Getting Legal Assistance
We cannot stress enough how important it is for employees to understand their legal rights and protections when it comes to unfair treatment in the workplace. Discrimination based on protected characteristics like race, sex, age, or disability are clear violations of state and federal employment laws.
California, in particular, has some of the strongest worker protections in the nation. The Fair Employment and Housing Act and other regulations give employees robust recourse against workplace discrimination and retaliation by employers.
If you believe you’ve been subjected to such unfair treatment, consult our experienced California employment lawyers right away. Strict deadlines apply for filing charges with agencies like the EEOC. Our attorneys can properly evaluate the merits of your case and guide you through the administrative claim process.
Should the EEOC or CRD efforts prove unsuccessful, your lawyer can then advise you on filing a civil lawsuit against your employer to seek full compensation through the legal system. This could include:
- Reinstatement to your previous job (if you were fired)
- Back pay and lost benefits compensation
- Damages for emotional distress and suffering
- Punitive damages meant to penalize the employer
- Court orders prohibiting future discrimination
While navigating the complaint process can be lengthy and complicated, having an experienced advocate in your corner provides the best chance of securing justice and holding employers accountable for unfair and illegal workplace practices.
If you’ve experienced unfair treatment at work, our dedicated team at Malk Law Firm is here to fight for your rights. We’ve represented employees across California in all types of discrimination and retaliation cases against employers. Reach out to us today for a confidential consultation, and let us be your voice for justice in the workplace.