Common Types of Workplace Discrimination in California
Workplace discrimination can take many forms. However, most cases fall into one of two primary categories.
Disparate Treatment
Also known as intentional discrimination, disparate treatment occurs when an employer takes negative actions, such as firing or refusing to hire someone, based on a protected characteristic like race, gender, or age. Unfortunately, it's the most common form of workplace discrimination.
Disparate Impact
This form of discrimination happens when a seemingly neutral policy disproportionately affects a certain protected group. For instance, a job requirement to lift 200 pounds might unfairly exclude women, older individuals, and those with disabilities, even if lifting isn't essential for the job.
Whether intentional or unintentional, discrimination may include actions like:
- Firing an employee due to their protected status
- Refusing to hire an applicant based on their protected status
- Not promoting qualified employees while promoting others
- Applying different standards to different employees
- Demoting employees or reducing their pay
- Denying training opportunities selectively
- Failing to accommodate religious practices
- Failing to provide reasonable accommodations for disabilities
- Paying employees less for similar work due to their gender, race, or ethnicity
We believe such actions shouldn’t be allowed to stand, and we work hard to ensure that affected workers receive proper compensation for the negative effects they experience.
Federal and State Laws Protecting Employees from Workplace Discrimination
Both federal and California state laws prohibit discriminatory practices by employers and provide avenues for employees to seek justice.
Here are some key federal laws to be aware of:
- Title VII of the Civil Rights Act of 1964: This landmark legislation prohibits discrimination based on race, color, religion, sex, or national origin in the workplace.
- Equal Pay Act of 1963: This law mandates equal pay for men and women performing substantially equal work, protecting against gender-based wage discrimination.
- Americans with Disabilities Act (ADA) of 1990: This act protects disabled individuals from work-related discrimination, covering both private sector and government jobs.
Furthermore, California has implemented additional protections through its own anti-discrimination laws. The most significant of these is the Fair Employment and Housing Act (FEHA). FEHA extends protections to employees facing discrimination based on factors like sexual orientation, veteran status, and age.
FEHA applies to employers with five or more employees and is enforced by the California Civil Rights Department.
Filing a Workplace Discrimination Claim
Here’s a brief overview of the process involved in filing an employment discrimination claim:
1. Identify the Right Legal Path
The decision to file under state or federal law hinges on factors like the type of discrimination committed, the size of your employing company, and the location where the incident occurred. A knowledgeable employment attorney can help identify the best jurisdiction for your case.
2. Gather Compelling Evidence
Proving workplace discrimination involves collecting both direct and indirect evidence. Direct evidence might include emails, memos, or verbal statements that explicitly show discriminatory intent. Indirect evidence might consist of patterns of unequal treatment or policies that disproportionately affect protected groups.
3. Maintain Detailed Records
Document every instance of discrimination meticulously. Note the dates, times, and locations of each event, along with the names of any witnesses. Detailed records are crucial for substantiating your claim.
4. File an Internal Report
Start by reporting the discrimination to your company’s HR department. If internal reporting doesn’t resolve the issue, you can proceed to file a complaint with an external agency like the California Civil Rights Department.
5. Seek Legal Representation
Navigating the legal complexities of a discrimination claim can be challenging. Our Los Angeles employment discrimination lawyers are here to help you with every critical detail, defending your rights and advocating for the justice you deserve.
Compensation for Workplace Discrimination
If you’ve experienced discrimination at your workplace, you may be eligible for various forms of compensation to address the harms and losses you’ve suffered. Here's a breakdown of the types of potential compensation you can seek:
Back Pay
Back pay includes any wages and benefits you lost due to discriminatory actions, such as wrongful termination or being forced to leave a hostile work environment. It covers salary, medical insurance, pension contributions, stock options, bonuses, and tips you otherwise would have earned.
Front Pay
If reinstatement to your position isn’t possible, front pay can compensate you for any future earnings you’ll miss out on due to the discrimination.
Compensatory Damages
Compensatory damages cover out-of-pocket expenses directly caused by the discrimination, such as medical bills and job search costs. They also address non-economic harms like emotional distress, mental suffering, and loss of enjoyment of life.
Other Potential Damages
Additional forms of compensation may include lost benefits, job reinstatement, promotions, policy changes within the company, mandatory training programs, reasonable accommodations for disabilities or religious practices, and reimbursement for attorney’s fees and court costs.
Time Limits for Filing a Discrimination Claim
It’s essential to act quickly when pursuing a workplace discrimination claim to ensure that your rights are protected. Here are the key deadlines for filing a claim in California:
- State law claims
Under California law, you have three years from the date of the discriminatory act to file a claim. - Filing with CRD
In employment cases, you must submit an intake form to CRD within three years of the date you were last harmed. You do not have to use the CRD investigation process. You can instead file your own lawsuit. However, in employment cases only, you must obtain an immediate Right-to-Sue notice from CRD before filing your own lawsuit in court. - Federal law claims
For federal claims, you have 180 days from the date of the incident to file a charge with the EEOC.
If you’re considering filing a discrimination claim related to an incident at work, your first step should be to contact the aggressive yet compassionate attorneys at Premier Lawyers.
