Every year, millions of employees experience workplace discrimination. Unfortunately, such discrimination is not always easy to spot. Sometimes, employees do not even realize they are facing discrimination at work. When they realize it, they often do not know how to fight it. This is why it is important to know your workplace discrimination rights.
Every employee deserves to work in a discrimination-free environment. Many state and federal laws are in place to protect employees from discrimination, harassment, and other issues in the workplace (justicia para empleados). If you feel like you have been discriminated against at your work, you can hire attorneys and seek justice for the wrongdoings against you.
What Does Workplace Discrimination Mean?
Employers are expected to make employment decisions based on an individual’s qualifications, merits, and performance. If they make decisions based on an individual’s race, color, religion, age, sex or gender, sexual orientation, ethnicity, medical condition, marital status, or other protected characteristics, it is considered unfair treatment or discrimination. Some common examples of discrimination in the workplace include:
- Refusing to accommodate an employee’s disability needs
- Firing or disciplining an employee because of their protected characteristics
- Giving an employee too much workload or a bad schedule because of their protected characteristics
- Not promoting an employee because of their protected characteristics
- Favoring certain employees based on their protected characteristics instead of abilities or qualifications
If you believe your employer has taken an adverse action against you in the workplace because of your age, sex, race, religion, or other protected characteristic, you can file a lawsuit against them.
How to Report Workplace Discrimination?
Before you file a lawsuit against your employer for workplace discrimination, you need to report the allegations in writing to your HR department. This will allow your organization to stay on the lookout for such illegal behaviors. The organization will then investigate the situation and work to address it. If your organization fails to respond to the complaint, you can use the information later in your case.
You may also consider filing a complaint with either California’s Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). These administrative bodies can investigate the issue. If they find reasonable cause to believe your employer violated the law, they can try to settle the case with your employer. If they cannot find a violation or decide not to pursue further recourse, they may issue a right-to-sue letter. That is when you can file a lawsuit.
How to Prove Workplace Discrimination?
A workplace discrimination claim is a civil matter. In civil cases, the standard of proof is lower than in a criminal case. You or your attorney need to prove that the employer was more likely than not responsible for the discrimination. You must establish a causal connection by showing that the discriminatory action took place because of your protected characteristic. It can be difficult to prove that the adverse action was due to your characteristics, as the employer may hide their motives and intentions.
To build a strong case, you should start documenting and keeping related information as soon as you suspect you may be subject to discrimination at work. There are typically two types of evidence:
Direct Evidence
Direct evidence proves the fact directly. While it is the best way to prove discrimination, it is often hard to come by. For example, if your employer had sent an email explicitly stating that they are firing you because they no longer need a female employee for that role, that would be direct evidence.
Circumstantial Evidence
Workplace discrimination cases are generally made up of circumstantial evidence. Such evidence indirectly proves facts. For instance, a lower number of employees with your protected statuses could be circumstantial evidence that the organization discriminated against that protected class of applicants. The patterns of adverse actions toward a specific protected group can also be circumstantial evidence.
Wrapping Up
Whenever you feel like your employer or someone in a managerial position is showing signs of discrimination against you, you should report it to your HR department while you continue gathering evidence. You may also consider reporting the matter to administrative bodies before taking the legal route. If the issue cannot be settled by them, consider hiring an attorney to fight for your rights with proper measures.