Workplace discrimination often develops slowly, leaving employees unsure whether what they are experiencing is truly unfair or simply part of the job. Unequal pay, missed promotions, or unexpected discipline can create stress, self-doubt, and fear about speaking up. A workplace discrimination lawyer can help clarify what the law protects, evaluate your situation, and guide you toward informed decisions that safeguard your career and livelihood.
Discrimination in the workplace occurs when an employee is treated unfavorably because of their membership in a protected class. Protected characteristics include:
Discrimination can happen to employees, job applicants, and temporary employees. For employees, California’s anti-discrimination laws apply to companies with more than five employees. Temporary employees can hold their temp agency and the business they work for accountable. While unpaid interns are not generally considered employees, they are protected under California law.
Workplace discrimination can take many forms, making it difficult to identify immediately. Look for common signs that you may be experiencing discrimination. Unequal treatment, unjust disciplinary actions, biased promotion policies, and a hostile work environment are all signs of discrimination.
The signs of discrimination can be circumstantial. Detailed documentation can build a case that shows the totality of the situation. Understanding common methods of discrimination can also be helpful.
Sometimes workplace discrimination takes place before an employee officially takes on a position. Companies cannot favor hiring employees with certain protected characteristics or avoid hiring employees with others. They cannot request that a staffing or recruiting agency refer only employees with certain protected characteristics.
Once interviewing, a company cannot use discriminatory hiring criteria. The only exception is if a company can prove that the criteria are directly related to the candidate’s ability to perform the job.
When a company promotes or demotes people based on their membership in a protected class, this can be discriminatory. Companies cannot physically separate employees based on their protected characteristics.
Equal pay is required, so companies cannot discriminate by paying employees who perform the same role differently based on their protected characteristics. Similarly, a company cannot deny benefits to certain employees after they have been offered.
A company cannot discriminate by disciplining employees for illegal reasons. They cannot use a client’s preferences to justify the discipline, demotion, or discharge.
Discrimination can sometimes take the form of harassment from fellow employees. The treatment creates a hostile work environment. The harassing employee’s behavior is hostile or offensive, leading the employee to feel physically threatened or intimidated. Whether behavior is considered harassment depends on its severity and frequency. The context around the treatment is also important.
Employees have two layers of protection from workplace discrimination. Federal anti-discrimination laws provide broad protections.
The majority of discrimination protection laws fall under Title VII of the Civil Rights Act of 1964. It outlines the protected classes and when protections apply. The Americans with Disabilities Act (ADA) expands on these protections by covering individuals with disabilities. The Age Discrimination in Employment Act (ADEA) provides greater protections for employees age 40 or older. The Equal Pay Act of 1963 mandates that companies pay men and women equally for performing the same work.
With so many federal and state laws that provide specific protections, speaking with a workplace discrimination lawyer can help you understand which laws apply to your specific circumstances.
The California Fair Employment and Housing Act (FEHA), California Family Rights Act (CFRA), California Workplace Religious Freedom Act, and California Equal Pay Act expand on the federal protections for California workers.
Consulting an experienced workplace discrimination attorney is crucial for protecting your rights. The process for reporting discrimination and making a claim can be complex. If the proper procedure is not followed, an employee’s claim could be dismissed.
A workplace discrimination lawyer provides valuable strategic guidance. They can help clients understand the law and how it applies to their situation. A lawyer can also look at the entire situation to calculate the full extent of your damages.
If a workplace discrimination claim is successful, a court can award several types of damages. A wrongfully terminated, demoted, or denied promotion employee may be awarded back pay for lost wages and benefits. This amount will cover the period from the time of discrimination to the date of judgment or settlement.
In some situations, the court may order the reinstatement of the employee into their previous or an equivalent position. Back pay is often awarded in conjunction with this order. However, an employee should consider the realities of returning to their position after making a discrimination claim. It may not practically be the best option to return to work, the court may award future pay as an alternative.
A court may award compensatory damages. These cover the non-economic damages, such as pain and suffering, loss of enjoyment, or reputational harm.
The employer may be ordered to pay the employee’s attorney fees and litigation costs. This award is to reduce the financial barrier that could prevent employees from pursuing their claim.
In some situations, the employer’s actions are so egregious that the court will award punitive damages. Unlike other damages intended to make the employee whole, punitive damages are meant to punish the employer. The court typically awards punitive damages when the employer’s conduct is oppressive, fraudulent, or malicious.
If you are facing workplace discrimination and are unsure where to turn, the workplace discrimination attorneys at ADZ Law can help. We support employees throughout the Bay Area by providing clear guidance, thoughtful advocacy, and practical legal solutions. We invite you to contact us at ADZ Law to schedule a confidential consultation and learn more about how we can assist you.
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