Discrimination, in any form, is painful to experience. When those experiences occur in the workplace, it can make life even more difficult. It creates an unwelcoming environment for those who are simply trying to earn a living for themselves and their families. Whether confronted with discriminatory acts, verbiage, or treatment, no employer should allow these behaviors to infiltrate the culture of their employees.
Understanding what workplace discrimination is and how it manifests itself can help you hold employers who allow such behaviors to persist accountable.
The California Fair Employment and Housing Act has specific definitions for workplace discrimination. Employees who are members of a protected class are entitled to work in a place of business that is free from derogatory, humiliating, or harmful words and actions by their colleagues and employers. Protected classes include:
While it may seem easy enough to spot signs of discrimination in the workplace, it can often be hidden under the guise of a “joke” or an inadvertent action. There are, however, warning signs that you or a coworker may be the victim of discrimination. Examples include:
These are just a few of the examples of workplace discrimination that can occur. However, the patterns are the same. An employer uses poor judgment and purposely alienates others based on some protected characteristic.
If you experience workplace discrimination, it is important to document as much evidence as you can. This includes:
With this evidence, it is important to notify your employer of the disparities that are occurring. Before a civil claim can be filed, an employer must be given the opportunity to correct the situation. These conversations can be difficult, and employees may fear that they may be retaliated against. However, there are laws that protect against this type of behavior as well.
If an employer fails to address the concerns in an appropriate and thorough way, then they may face a civil claim by one or more employees. In any claim, it must be proven that the employer knew or should have known the discrimination was occurring. It must also be proven that they did not act immediately, thoroughly, or completely to address the concerns.
Any behavior, action, or words that are directed toward an employee or colleague based on a protected characteristic of the employee are considered discrimination. This includes both intentional and unintentional conduct, such as a job-related directive or a joke made in the breakroom. Saying it was a joke is not an acceptable defense.
There are several new labor laws for 2022. Included amongst them are additional phase-ins of the minimum wage, which is dictated in Senate Bill 3. This raises the minimum wage for large employers to $15 per hour and for smaller businesses to $14 per hour. A large business is defined as any company that employs 26 or more employees.
Beginning on January 1, 2024, the minimum wage in California will increase from $15 per hour to $15.50 per hour for all employees. However, if the local city or county ordinance has determined a higher rate of pay, then employers are required to pay that higher rate to their employees.
Discrimination is the purposeful mistreatment of others based on protected classifications such as:
– Race
– Ethnicity
– Sexual orientation
– Age (over 40)
– Identified gender
– Abilities or disabilities
Everyone has a right to be treated fairly and equally by employers, places of business, and in their daily lives. If you believe that you may have been discriminated against at work, you should consult an employment discrimination attorney.
If you or someone you know is the potential victim of employment discrimination, it is important to seek help to be sure that your rights are protected and that you are treated fairly through the reporting process. At the Shirazi Law Firm, P.C., our team of attorneys has the experience and knowledge to help you navigate your workplace discrimination claim. Contact us today.