Dealing with Discrimination at Work
Discrimination at Work
Both federal and California laws protect employees from being discriminated at work against their protected characteristics. California is especially protective of employee rights, and employers who willfully discriminate are strictly penalized. Employees are protected by law from discrimination at work against their ethnicity, religion, skin color, nationality, heritage, physical disability, mental disability, medical condition, marital status, sex, age, and sexual orientation.
Discrimination comes in many flavors. Often, employees are discriminated against their protected characteristics in promotion opportunities and through disparate treatment. Sexual harassment and creating hostile working environment for a specific person or group of protected characteristics are also considered discrimination.
Employers cannot deprive employees of promotion opportunities or dismiss employees from employment based on their protected characteristics. Violators can and will be punished and imposed of penalty. Also, employers must not discriminate against a certain group of employees through disparate impact. A company policy should not have disproportionally adverse effect on a certain group of employees.
Supervisors must not ask their subordinates for favors in exchange of promotion opportunities or continuation of employment. Demand for sexual conduct or other favors is considered an act of harassment and is subject to punishment.
If the harasser is the supervisor of the harassed employee, the employer is liable for the harassment. If the harasser is a co-worker of the harassed employee, the employer will be held liable if the supervisor has been aware of the ongoing harassment and has not taken a proper approach to resolve the matter.
Filing a Discrimination Complaint in California
Before filing a claim, you should first write to U.S. Equal Employment Opportunity Commission (EEOC) or California Department of Fair Employment & Housing (DFEH) regarding discrimination or harassment at work in order to obtain the right to sue. You should notify when, where, and what type of discrimination has occurred at work in writing.
For it is often difficult and complicated to understand the scope of discrimination law and the process of lawsuit, please be advised to consult an attorney for more detailed information.
Law Offices of Alex Cha & Associates
707 Wilshire Blvd 46th Floor
Los Angeles, CA 90017