Discrimination
Discrimination is one of the most insulting and hurtful things that can happen to someone, especially in the workplace. Inequity can cost people their dignity, financial stability, and even their career if left unchecked.
In this day and age, we would like to believe that discrimination is no longer prevalent, but this is not the case. Sadly, workplace discrimination happens in Southern California and across the State. Thankfully, California law does not tolerate discriminatory behavior, and there are significant rules in place to protect workers who have been discriminated against by a company, employer, or coworker.
What Is Discrimination?
Discrimination can manifest in many different ways. At its core, it is special or unequal treatment on an unfair basis. It is possible to be discriminated against for the following reasons:
- Race
- Sexual orientation
- Pregnancy status
- Age
- Gender or gender expression
- Disability
- Religion
These categories are known as “protected classes.” According to the law, it is illegal to give a person unfair treatment because of any of the above protected classes. Unfortunately, that does not stop employers from doing so.
Identifying Workplace Discrimination
In the workplace, discrimination can look many different ways, which can make it confusing to identify in some situations. Though occurrences of discrimination may vary in severity, no form is acceptable.
The key to taking action against discriminatory practices is understanding when discrimination is occurring. Whether these situations occur to you or someone else, it is helpful to know what to look for. Some examples of discrimination may include:
- Paying two people of the same position and qualifications different salaries.
- Neglecting to hire a qualified person because of a protected class.
- Opting to hire a less qualified candidate over a qualified candidate because of a protected class.
- Not providing reasonable accommodation for a person with a disability.
- Neglecting to give a person a promotion because of a protected class.
- Using protected classes to determine raises, bonuses, benefits, or opportunities.
- Allowing racist, sexist, homophobic, and other such comments to continue without punishment, creating a hostile work environment for an employee due to a protected class.
These are certainly not all of the examples of discrimination that can be found in a place of business. There are many ways in which these illegal practices can make their way into the workplace, and a category of discrimination may look different every time. It is important to remember that if you feel as though you are being discriminated against, chances are something illegal is going on, and it is worth investigating.
Finding Proof For Discrimination
Proving discrimination can be difficult, depending on the situation. There are several categories of proof that you and your attorney can explore together. Often it is helpful to examine the following:
- Patterns of behavior. Are you treated differently than your coworkers with similar jobs and tenures with the company? Did you begin to receive different treatment after disclosing your sexual orientation, religious belief, or pregnancy status? Were others at your job promoted after a certain amount of time with the company, but you were not? Examining how others are treated versus how you are treated is a good way to determine if discrimination might be happening.
- Qualifications. Look at others at your company with similar education and experience credentials. Are they up for promotions or invited to meetings? Are they paid more than you are?
- Company culture. It can be helpful to consult with others in your company who are under the same protected class and gather information about their experiences. For example, if you become pregnant and believe that you are being discriminated against, seek out other people in the office who are or have been pregnant to find what their experience has been, and if they noticed discriminatory behavior as well.
- Documentation. The most straightforward way to make a case for yourself is through documentation of the discrimination. If there are emails, memos, or conversations that suggest that discrimination is occurring, be sure to keep them for your records.
Proving discrimination is not always easy, but it certainly is worth exploring when you feel that you are being unfairly treated.
