Categories of Discrimination Seen in the Workplace
Both federal and state laws prohibit workplace discrimination in Bakersfield and elsewhere. An attorney from LNN will advise you that employees or intended workers can face discrimination if they fall into several different categories.
Racial Discrimination
Racial discrimination includes unfair treatment based on someone’s race, national origin, skin color, or ethnicity. For instance, if an employer decides not to hire a qualified candidate because of their race, that employer could potentially be liable for workplace discrimination.
Sex Discrimination
Sex discrimination occurs when someone faces harassment or unfair treatment based on their gender identity or sexual orientation. If an employer refuses to promote an individual because they are a woman and promotes a lesser qualified man instead, the employer is showing sex discrimination.
Pregnancy discrimination can also be a form of workplace discrimination. If an employer refuses to hire or promote someone because they are pregnant, the applicant or employee might have grounds to file a lawsuit.
Disability Discrimination
Employers are supposed to accommodate workers with disabilities that interfere with their job duties. Failure to make reasonable accommodations could constitute discrimination.
Age Discrimination
Employers cannot make hiring, promotion, or termination decisions because of someone’s age. People over age 40 are in a protected class.
Religious Discrimination
Employers cannot refuse to accommodate a worker’s reasonable requests for religious observances.
Our diligent legal team in Bakersfield could skillfully examine the facts of a workplace discrimination case and build a solid claim.
Federal and State Law Discrimination Protections for Workers
Employees have rights and remedies for workplace discrimination under both federal and state law. When you consult with our experienced attorneys, they will analyze the facts of your case to determine if your employer has violated state anti-discrimination laws or the rules and standards established by the U.S. Equal Employment Opportunity Commission.
A majority of workplace discrimination claims begin with filing a case with the California Civil Rights Department. The Department provides an online portal for filing claims, but it is critical to file a claim correctly and within certain time limits to give yourself the best chance for a remedy on account of the discrimination you experienced. Your workplace discrimination claim will always be more effective when you enlist the services of a skilled Bakersfield lawyer who understands the system and can manage its complexity and the Department’s bureaucracy.
The Discrimination Claims Filing Process
Although you may have up to three years from the date of the last instance of workplace discrimination, a knowledgeable Bakersfield lawyer will always advise you to file your claim promptly, while evidence and witness memories are still fresh.
When you file a claim correctly and include valid allegations describing the disparate treatment you received from your employer, the Civil Rights Department will initiate its own investigation. If the Department concludes that your claim is actionable, it might recommend mediation or file its own discrimination lawsuit against your employer. Alternatively, your attorney can petition the Department to issue a right to sue letter, which is a precursor to a lawsuit that you can file directly on your own behalf.
Apart from a few very specific exceptions, if you file a lawsuit before you get a right to sue letter, a court will dismiss your case because you failed to first exhaust your administrative remedies. To prevent that dismissal and any loss of your right to recover damages for the unfair treatment you have experienced, consult with a lawyer first.
Avoiding Retaliation After You File a Discrimination Claim
California has enacted laws that bar employers from retaliating against employees who initiate workplace discrimination actions. Lawyers who represent employees, however, can provide any number of examples of how employers might try to retaliate despite those laws. A vengeful employer, for example, might assign a worker to the least favorable shifts, or require the worker to perform unpleasant tasks or duties, all in an attempt to force the worker to drop the discrimination case or resign.
You may not be able to stop retaliation, but you can strengthen your discrimination claim by keeping track of everything you believe reflects your employer’s efforts to get back at you. Some options include:
- Maintaining a detailed diary of all workplace interactions you have with co-workers and managers, and particularly recording specific instances and statements suggesting retaliatory discrimination
- Performing assigned tasks and duties at the highest possible level
- Regularly arriving at your workplace on time, and not over-extending breaks or leaving early
- Keeping all communications professional and as free from drama as possible
- Reporting suspected retaliation to your employer’s human resources or legal department
Although your employer may make your workplace life difficult, you can enhance your discrimination claims when you respond with more grace and dignity than your employer is willing to give you.
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