Discrimination in the workplace remains alarmingly common across California and the United States. According to CNBC, “A whopping 91% of workers report that they have faced workplace discrimination. […] New data reveals that just 9% of today’s workforce has not faced some form of workplace discrimination — whether it’s based on race, gender, disability status, age, weight or another identifying factor.” If you’ve experienced discrimination in the workplace, you are not alone. Discrimination can come in many different forms. Below are four of the most common examples of workplace discrimination along with steps to take if you are the victim.
Being Overlooked for a Promotion Due to a Pregnancy
Women are much more likely to experience discrimination in the workplace when they are pregnant. A qualified employee may be overlooked for a promotion after informing her employer that she is pregnant. Managers may express concerns about the availability of the woman due to the pregnancy. This would be a classic case of pregnancy discrimination.
California’s Fair Employment and Housing Act (FEHA) forbids discrimination on the basis of pregnancy. According to the California Department of Fair Employment and Housing, “It is unlawful for an employer to discriminate in terms of compensation, conditions, or privileges of employment because of pregnancy, childbirth, or related medical conditions.” Several other federal laws bar pregnancy discrimination, including Title VII of the Civil Rights Act of 1964, the Pregnant Workers Fairness Act, and the Americans with Disabilities Act.
It is important that workers take certain steps if they suspect that they’ve been the victim of pregnancy discrimination. They should keep all documentation related to any performance reviews. It is also a good idea to take notes of any pregnancy-related conversations they’ve had with managers. Speak with an attorney if you are concerned that your pregnancy was a factor in being denied a promotion.
Harassment Based on Sexual Orientation
Sexual orientation is another protected category in California law. No one should ever have to feel mocked or humiliated in the workplace because of their sexual orientation. If an employee is routinely mocked for their sexual orientation, employers must take action to prevent this behavior. Allowing harassment on the basis of sexual orientation is prohibited under both FEHA and Title VII of the Civil Rights Act.
Victims of harassment in the workplace due to their sexual orientation should speak with a manager or human resources. They should also document each incident. If HR fails to take any action, it is best to consult with an attorney. An attorney can review your case and inform you of what your legal options are. Any person who is the subject of repeated harassment due to their sexual orientation or other protected characteristics may be entitled to damages.
Different Disciplinary Policies on the Basis of Race
Discrimination on the basis of race in the workplace can often be subtle. One of the ways that it may manifest is through separate treatment or disciplinary action. The law prohibits employers from applying rules or punishments in ways that are racially tinged or biased. Here are just a few examples of how this may take place.
- Hispanic workers in a certain location may be written up for tardiness. However, a white coworker with the same record does not receive any disciplinary action.
- A Black employee may report that they have been the subject of harassment at the hands of a supervisor. Instead of properly investigating the allegations, the employee is written up for some minor policy violation before ultimately being fired from their position. This is an example of racial discrimination and retaliation, both of which are unlawful.
- An Asian employee may be punished for being “too aggressive” during official gatherings. Employers may say that their tone was off. But other workers who speak in the same way with the same tone did not receive any type of discipline and are praised for their assertiveness.
Much of the disciplinary action that takes place on the basis of race is done under a false pretext. If you suspect that you’ve been the subject of unfair treatment on the basis of race, ask for a written explanation of the disciplinary action you were receiving. This can help draw out inconsistencies in the way that your employer is applying rules, especially when other employees are not disciplined for the same actions.
Failing to Provide Religious Accommodations
Employers in California are required to provide their workers with reasonable religious accommodations under FEHA. There are many different ways that an employer may discriminate against an employee based on their religious beliefs.
- Prayers or Holidays: An employer may not allow an employee any time for daily prayers. They may also require that their workers perform their job duties on religious holidays.
- Headwear: An employer may ban an employee from wearing specific headwear (such as a Turban) that is a central part of their religious practice.
- Dress Codes: An employer may try to require that an employee adhere to a certain dress code that goes against a worker’s religious beliefs.
- Scheduling: An employer may require that a worker perform their job duties on the Sabbath or other religious day of worship.
If you are trying to get a religious accommodation in the workplace, it is best to submit your request in writing. Be sure to give your employer specific, feasible options so that they can accommodate you. When your employer refuses to even engage with your request, it is best to speak with an employment lawyer.
Getting Legal Help for Workplace Discrimination
Despite the fact that it is illegal for employers to engage in discrimination, it is still very common. Employers know that most of their workers need the wages that they are being paid. What they hope in many circumstances is that this will force employees into being silent. But this is ethically and legally wrong. Employers who discriminate against their employees may be subject to hefty fines and other penalties in order to gain compliance.
If you’ve been the subject of workplace discrimination, you may be entitled to damages. Our team of labor law attorneys at The Labor Champ may be able to assist you. We are committed to holding employers accountable for their discrimination. Whether you just have legal questions or are thinking about hiring an attorney, we would love to hear from you. You can contact our office anytime at 949-727-9300.
