Unfair treatment in the workplace remains very common and may come in many different forms. This includes sexual harassment, racial discrimination, wrongful termination, and wage theft. Women and minorities are statistically more likely to be impacted by unfair treatment in the workplace. According to one study in SSM – Population and Health, “The prevalence of workplace discrimination ranged from a high of 25% for black women to a low of 11% for white men. Blacks reported a 60% higher rate of discrimination compared to whites; women reported a 53% higher prevalence of discrimination, compared with men.” All workers in California have a right to perform their job duties in a safe environment free from unfair treatment.
It is crucial that workers recognize when they are being mistreated so that they can take action to safeguard their rights. Unfair treatment can manifest through discriminatory remarks, bullying, unwanted sexual advances, and retaliation. Employees may feel powerless and unsure where to begin after experiencing unfair treatment in the workplace. This guide will help you with the first steps to take if you are being mistreated at work.
Step 1: Document The Unfair Treatment
One of the most important steps to take after experiencing unfair treatment in the workplace is to document everything thoroughly. Start by keeping detailed notes of all the incidents, including when they took place, what was said, the location, and all of the people involved. It is important to be as specific as possible. Save any relevant emails, text messages, or written correspondence that can be used to corroborate the events. This documentation can be critical when reporting the behavior to human resources or taking legal action. Having a well-organized account of the unfair treatment can go a long way in securing a positive outcome.
Step 2: Know Your Legal Rights Under California Employment Law
California offers some of the strongest protections for workers, including safeguards against discrimination, sexual harassment, wage theft, and retaliation. Moreover, California’s Fair Employment and Housing Act (FEHA) provides protection from harassment and discrimination in employment because of “age (40 and over), ancestry, color, creed, denial of family and medical care leave, disability (mental and physical) including HIV and AIDS, marital status, medical condition (cancer and genetic characteristics), national origin, race, religion, sex, and sexual orientation.” By familiarizing yourself with your rights under the state’s employment laws, you will be in a better position to identify specific instances of workplace misconduct.
Step 3: Review Your Employee Handbook and Policies
Once unfair treatment has been documented, employees should take time to review their employee handbook and workplace policies. Employment handbooks often lay out your rights and responsibilities within the organization. They also tend to cover how instances of discrimination, harassment, and mistreatment should be handled. By reviewing these materials, employees can check if their employer is violating their own standards. By knowing your employer’s policies, you will be in a better position to take action in the event that they are not followed.
Step 4: Report The Issue to Human Resources or Management
Once you’ve collected evidence related to unfairness and reviewed your employer’s policies, you should consider reporting the issue to human resources or management. It is important to approach this step as carefully as possible. Affected employees should be clear, concise, factual, and avoid emotional language. Different employers have different policies. You may need to email your complaint, complete a formal grievance form, or meet directly with HR or your supervisor. You should document every interaction and outcome. If you feel as though your complaints are being ignored or your employer is engaging in retaliation, it may be time to seek additional remedies.
Step 5: Contact An Employment Lawyer
After any instance of unfair treatment in the workplace, it is a good idea to contact an employment and labor law lawyer. They can help assess your situation, no matter where you are in the process of trying to resolve it. In some situations, an employee may not be able to resolve unfair treatment internally. In other situations, the misconduct may be so egregious that a person’s continued employment at a certain location poses an immediate risk of harm. There are numerous instances where a lawsuit might be the best course of action. Your attorney can take steps to end the unfair treatment and ensure that you are properly compensated for your ordeal. California law strictly prohibits your employer from taking retaliatory action in the event you file a grievance or lawsuit.
Getting Legal Help For Unfair Treatment In The Workplace
If you are experiencing any type of unfair treatment in the workplace, seeking the guidance of an experienced employment and labor law lawyer can be a crucial step in addressing your situation. This is where the legal team at The Labor Champ can help you. No matter what type of unfair treatment you are experiencing, we can help guide you on what measures you should take.
We are committed to holding employers accountable for their wrongful actions. In fact, we have recovered over $300 million in verdicts and settlements for our deserving clients. Whether you just have legal questions or are thinking about hiring an attorney to help with your particular situation, we are here to serve your needs. Don’t hesitate to contact employment law lawyer Samer Habbas and his team if you need help. You can reach out to us anytime at 949-727-9300.
