Workplace Discrimination in California
Discrimination is an all-too-familiar scenario for many in the workplace. Likewise, it is also the most common type of workplace lawsuit that workers file. An experienced California workplace discrimination attorney can help. Find out how.
What Is Workplace Discrimination?
Discrimination in the workplace deals with unfair treatment. These laws find their basis on factors such as race, gender, sexual orientation, physical disability, physical qualities, or age. Workplace discrimination can occur between employees or between employers and existing or prospective employees.
California Labor laws make some types of workplace discrimination illegal. If illegal discrimination occurs, workers may be able to file a workplace discrimination lawsuit. A worker does not need to currently have employment from a company to face qualifying discrimination. For instance, the company chose not to hire someone. If it’s because of a qualifying characteristic, the individual may become entitled to a claim.
Here are some of the most common types of discrimination that occur in the Californiawork environment:
- Choosing not to hire someone because of their disability
- Choosing not to promote someone because of their race
- Excluding someone from a project because management says they’re too old
- Making misogynistic comments about women
- Deliberately paying men more than women because the boss values their work more
Should You File a Complaint With the HR Department or the EEOC?
In most workplaces in California, the human resources department handles discrimination issues. Bringing concerns to HR often involves filing a written report, meeting with a representative, and potentially initiating an investigation.
Sometimes a company does not have a human resources department and there are no policies in place. To resolve the issue, you might take your concerns directly to the Equal Employment Opportunity Commission. They can assist you in investigating the claim and possibly filing a lawsuit.
The Federal EEOC states that 1 of 3 options await after you file your claim; investigation, mediation, or dismissal. In addition, if you believe there has been further discrimination after filing your claim, you can add these events to your claim. Once these charges are added to your claim, an amended copy will be sent to your employer.
What Laws Protect Against Discrimination in the Workplace?
There are federal workplace discrimination laws that help to protect employees. On a federal level, California employees have protections from discrimination under Title VII of the Civil Rights Act of 1964. However, many states have even stronger laws that offer additional protection.
Let’s take an example. California became the first state where ethnic hair and the right to wear it naturally became a right. In other states, employers may discriminate against natural hair because of racial discrimination.
The California Department of Fair Employment and Housing prevents discrimination in the workplace. No one can discriminate against you based on Ancestry, age, race, sex, or religious affiliation. In addition, military and marital status are also protected, as well as genetic information and those with disabilities.
Title VII of the Civil Rights Act of 1964
This law specifically prohibits employers from discriminating based on race, religion, sex, color, or national origin and generally applies to organizations with 15 or more employees. It also extends to schools, both public and private, as well as labor organizations. The Equal Employment Opportunity Commission (EEOC) oversees and enforces these protections.
The Unruh Civil Rights Act prevents discrimination against any consumer based upon a protcted characterisric. In addition, no business can discriminate against an individual because of citizenship status or lack of mastery of the English language.
Other Notable Applicable Federal Discrimination Laws
- Equal Pay Act (EPA) – Deals with equal pay act for men and women
- Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
- Americans with Disabilities Act – Protects employees with physical disabilities
Examples of State Workplace Discrimination Laws
- The Crown Act– protects employees from discrimination against hairstyle related to race or ethnicity.
- Fair Employment and Housing Act– Prohibits discrimination and protects those who object to any practice that violates the FEHA.
What Is the Workplace Discrimination Process Like?
Filing a workplace discrimination claim in California can be challenging, especially when protections only apply under state law. The EEOC handles federal discrimination claims, while state-specific cases may fall under the jurisdiction of the state labor department. Understanding the layers of both federal and state laws is key to navigating this process.
Filing a Claim
When it comes to federal claims, workers have about 180 days to file, to remain within the statute of limitations. Time is of the essence with discrimination claims. It’s a good idea to hire a discrimination lawyer to help from the beginning.
California Claimants also need to provide some basic information with their claim. Depending on the agency, the employer’s name, the name(s) of involved parties, and a description of the incident. It will also include the contact information for everyone involved.
Once the investigation has begun, the agency may request more information. They generally give you ample time and opportunity to produce said information if this happens.
Investigating the Claim
The investigation will typically include interviews with the California employee, the employer, and other relevant staff members. It may also involve anyone else with information pertinent to the case. If the agency finds evidence of discrimination, the focus often shifts to settlement or mediation, giving both parties an incentive to reach a fair compromise.
It may become necessary to file a lawsuit with the appropriate court. This is especially true if the parties cannot settle on the employee’s behalf. If this is the case, an attorney can issue a “Right To Sue” letter. This letter gives the employee facing discrimination the right to sue on their own accord.
The Federal Equal Employment Opportunity Commission gives you an avenue to appeal any decision that does not meet your satisfaction. You’ll have 30 days to file the appeal from the date you receive notice of the denial of your claim. You can appeal by mail, using the inline portal, or in person. However, in-person appeals are recommended as working with someone in person allows them to pinpoint exactly what you need for your claim.
Work With an Experienced Workplace Discrimination Lawyer in California
Consider hiring a lawyer who specializes in discrimination in California as soon as the incident takes place. Experts often recommend that you resolve the issue internally through the proper HR channels. On the other hand, many employers mishandle these cases.
If you are considering a lawsuit, an attorney becomes even more necessary. California discrimination attorneys can help you with the paperwork, prepare you for depositions, and find corroborating witnesses to support your claim.
If the court rules in your favor, you might become entitled to several different compensatory benefits:
- Back pay
- Promotion
- Reinstatement
- Front pay
- Reasonable accommodations
- Payment of attorney’s fees, court costs, and expert witness fees
Are you ready to find out if you are eligible for these benefits in California? Start with a case review. We can even help you connect with an attorney across California state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Do You Have More Questions?
Answers to legal questions can often lead to more questions. If you’re seeking more about an area of law in California, we’ve got you covered.
