You deserve to be treated fairly at work, no matter who you are. Unfortunately, workplace discrimination still happens in California, even today. If you have been treated differently at your job due to your membership in a protected class, you may be a victim of discrimination– and you deserve justice.
What Is Workplace Discrimination?
In California, workplace discrimination includes any action that treats an employee differently due to their “race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation” or membership in any other legally protected class. “Treated differently” is generally thought of as directly discriminatory actions, such as only promoting white men to the highest level of management. It also can include any company policy that has a disparate impact on a protected class, such as counting all absences against seniority in such a way that unfairly disadvantages women who take time off for maternity leave.
How Do I Prove Workplace Discrimination?
Of course, to prove workplace discrimination, you need to show a specific instance of company discrimination. This requires proving two things: an adverse employment action and discriminatory motivation.
Adverse Employment Action
Proving that an adverse employment action has occurred is fairly straightforward. In California, the following are considered adverse employment actions under workplace discrimination laws.
- Constructive wrongful termination (where your work environment becomes so intolerable that you are forced to quit) or hostile workplace environment
- Demotion, transfer, or unfavorable job assignment
- Pay cuts
- Failure to interview or hire
- Denial of promotion or advancement
- Denial of an otherwise-promised severance package
- Any decision that materially affects your terms and conditions of employment
Discriminatory Motivation Or Bias
It’s not always easy to directly prove discriminatory motivation or bias in the workplace. After all, very few employers directly come out and say that you are being passed over for a position because of your race or gender. Still, an experienced employment lawyer can help you collect indirect evidence of bias or prove patterns of discriminatory behavior. Employment attorneys have experience in these kinds of legal actions, so they can help you build a case based on evidence that will hold up in court.
Taking Legal Action With The Help Of A California Employment Attorney
If you have been the victim of discrimination, you deserve damages or compensation for what you have suffered. The experienced California employment attorneys at Wakeford Gelini can help you get justice either through a private settlement with your employer or in court. We will collect evidence on behalf and develop the strongest case possible. Come see us today to find out if your workplace discrimination case has merit.