Workplace Discrimination Types You Should Know About
Workplace discrimination is a serious concern for many California workers. It results in unfavorable treatment towards particular employees because of their characteristics. Thus, making the workplace uncomfortable for the discriminated worker and making them suffer from emotional distress.
Now, what are the types of workplace discrimination you must know?
What should you do if you experience discrimination on the job?
Read on to find an answer to these questions, or call a workers’ compensation attorney in Glendale to help you file a discrimination claim.
Common Types of Workplace Discrimination
Workplace discrimination happens when your coworkers or employer treat you differently or unfavorably because of a particular characteristic you have. Some of the common workplace discrimination types include discrimination due to:
- Military or veteran status
Language discrimination is also a violation of California Law. And thus, employers must not impose English-only policies unless for valid business reasons.
Problems that Workplace Discrimination Can Cause
Discriminated employees often feel uncomfortable in the workplace and experience undesirable treatment like:
- Harassment or bullying
- Being fired from the job
- Missing job promotion opportunities
- Lower salary than coworkers
You can talk with your employer if your coworkers discriminate against you. Your boss can take the required steps to address the problem and make the workplace comfortable for you.
However, you should take legal action if your employer makes the workplace hostile towards you. For example, your employer didn’t consider you for a promotion because of your disability, despite you performing well on the job.
Filing a Discrimination Charge
The California Fair Employment and Housing Act make workplace discrimination illegal. You can file a discrimination charge to ask for damages because of the emotional distress you suffer in the workplace.
You can file a charge at the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). However, go to the DFEH if your workplace only has 5 to 14 employees. The EEOC imposes federal law, and thus it only caters to workplaces with 15 employees or more.
Moreover, first, call the DFEH through the toll-free employment discrimination hotline to set an appointment.
After filing your charge, the DFEH or EEOC will investigate your workplace discrimination case. They will try to reach a voluntary settlement with your employer to resolve the discrimination charge.
Pursuing a Discrimination Claim in Court
The DFEH or EEOC will try to resolve your discrimination charge without going to court. However, the administrative agency will give you the right to sue your employer if they cannot reach a voluntary settlement. That means bringing your case in court to claim compensatory and punitive damages.
Remember that you need to receive a Notice of Rights to Sue from the DFEH or EEOC before you can file a discrimination claim in court. And you need to file the case within 90 days after receiving the notice.
You should then select to file in state or federal court. However, most lawyers file discrimination claims in state courts because the California state law is better than the federal law in some key areas.
For example, California state law doesn’t cap the compensatory and punitive damages you may receive from your claim. However, these damages have particular limitations in federal law.
Consulting an employment lawyer can help you know more about filing a discrimination claim in court.
Hire a Glendale Workers’ Compensation Lawyer for Workplace Discrimination Case
Workplace discrimination can cause emotional stress to you. Thankfully, you can take some legal steps to address that issues without worrying about retaliation from your employer.
Consult a workers’ compensation attorney in Glendale to file a discrimination claim. They can help you file workers’ comp when you need it as well.