Discrimination in the workplace occurs when everyday, normal business functions are conducted in a way that discriminates against a protected class of applicants or employees. There are federal laws in place that prohibit this behavior, and California also has its own legislation to further combat discriminatory practices in the workplace. The California Fair Employment and Housing Act makes it illegal to discriminate based on the following:
This is not an exhaustive list of protected classes under California’s Fair Employment and Housing Act, so it can be helpful to reach out to a San Mateo employment law attorney if you think you are a victim of employment discrimination.Â
Biases and prejudice that people hold can present themselves in numerous ways, but having an idea of what to look for can often make identifying discrimination easier. Favoritism and clashing personalities do not always mean discrimination. Some people naturally get along better or worse with other people. However, if biased treatment and opportunities are based on factors like race, gender, or age, the behavior becomes illegal and discriminatory.
Employment discrimination can occur at any stage, from application and onboarding to promotion and termination. If white employees are given bigger, more profitable contracts to work on, that could be discrimination. Managers could be discriminating if female workers are not given advancement opportunities as often as their male counterparts. When applicants with disabilities are refused accommodations, this could be discriminatory hiring.Â
It is impossible to list every scenario in which HR staff, supervisors, and management teams could discriminate against their employees or potential applicants. Employment discrimination can be obvious in some cases, but it can also be subtle and systemic. Other examples include:
If any of these actions are based on the employees’ religion, age, disability status, gender, or other protected class, it could be considered discrimination.Â
Federal laws such as the Civil Rights Act of 1964, the Equal Pay Act of 1963, and the Americans with Disabilities Act of 1990 provide much-needed protection from employment discrimination. California workers have an extra layer of protection due to the Fair Employment and Housing Act.Â
California’s Act states that discrimination is not allowed in business advertisements, applicant screening, working conditions, or participation in training. It also says that companies with five or more employees:
If you have experienced employment discrimination and need guidance from a San Mateo discrimination attorney, the Law Office of Jeannette A. Vaccaro can help. Contact us to find out how we can advocate for you.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.