Discrimination Attorney in Temecula, California
Discrimination is the prejudicial or unjust treatment of different categories of people, especially on the grounds of race, age, or sex. Sadly, that definition fails to capture the pain, isolation, rejection, and stress created by discrimination in the workplace.
Despite workplace discrimination having been outlawed in 1964 with the passing of Title VII of the Civil Rights Act, nearly half a million workplace discrimination suits were filed between 2016-2021. If you've suffered or been accused of workplace discrimination in Temecula County, San Diego County, Riverside County, Orange County, or Los Angeles County, working with a skilled employment law attorney can help you get a clearer picture of your circumstance.
Types of Discrimination
Workplace discrimination is a multi-faceted issue that can impact anyone. That's why it's crucial that businesses have well-defined harassment policies that are designed to intervene and solve emerging issues before they develop into full-blown discrimination or harassment.
There are various types of discrimination to be aware of in the workplace. Some of the most common types of discrimination that lead to workplace discrimination with the EEOC include:
Gender Identity Discrimination
Sexual Orientation Discrimination
National Origin Discrimination
Genetic Information Discrimination.
Workplace harassment leading to a hostile work environment based on these protected classes is also against both state and federal anti-discrimination laws.
It's always problematic when managers, coworkers, or other team members ostracize, isolate, or antagonize another employee. But these behaviors cross the line into creating a hostile work environment when regularly enduring the offensive conduct becomes a condition of continued employment for the victim.
That means frequent cases of the following:
Making offensive or derogatory jokes;
Using racial, religious, or ethnic slurs;
Displaying offensive or discriminatory graffiti, photos, or symbols;
Or pressuring individuals into personal relationships or sexual favors are all potential grounds for a workplace discrimination or harassment suit with the EEOC.
It's important to note that not all workplace conflicts rise to the level of prohibited harassment, even if they involve protected classes. Isolated incidents, offhand comments, and light teasing typically won't qualify as workplace harassment.
Except for in serious circumstances (like an assault), discriminatory behavior must be both severe and pervasive to create a hostile work environment and qualify for EEOC intervention.
State and federal civil rights laws prohibit certain actions or behaviors without exception.
It's vital that businesses develop an in-depth understanding of workplace discrimination laws to ensure that they maintain a fair and equitable workplace and minimize liability for discrimination suits.
Discrimination in Hiring
Discriminating against candidates during the hiring process due to their membership in a protected class is strictly prohibited. This means that employers cannot unfairly judge or unreasonably eliminate candidates from consideration due to their sex, race, religion, gender identity, or any other protected class.
Organizations should review every facet of their hiring process to ensure there is nothing that implicitly or explicitly encourages or discourages candidates from applying based on their immutable or protected traits.
Terms and Conditions of Employment Pay, Promotions, and Assignments
Demotions, reassignments, terminations, and other adverse employment decisions rooted in discriminatory behavior or a pattern of harassment can also open a company up to a discrimination suit.
A pattern of unfavorable assignments to older employees, pay disparities between men and women in the same role, and unfair promotions based on race or religion are all examples of discriminatory terms and conditions of employment that can land companies in hot water.
Wrongful termination can land companies in hot water on their own. But the potential consequences of a wrongful termination accusation, when paired with a discrimination suit, can be even more severe.
Wrongful termination encompasses all terminations that are unrelated to work performance or behaviors. This means companies that terminate employees due to their:
Race or ethnicity;
Religion or belief system;
Pregnancy or marital status;
Gender identity or sexuality; or
Any other protected class is violating state and federal civil rights laws.
The Civil Rights Act of 1964 also made it illegal for employers to demote, reassign, terminate, or otherwise employees that speak out regarding workplace discrimination, pursue a workplace discrimination claim or participate in a workplace discrimination suit investigation.
Disparate Impact vs. Disparate Treatment
Disparate impact and disparate treatment are both categories of discriminatory practices. Understanding the differences between them can help you protect your rights and your workplace.
Disparate Impact: Unintentional discrimination. Disparate impact is the result of policies, rules, and organizational systems that unfairly and disproportionately impact a particular group, even while appearing neutral.
Disparate Treatment: Intentional discrimination. Disparate treatment occurs when individuals at your organization proactively create systems, policies, or behaviors that unfairly target protected groups.
Discrimination Attorney Serving Temecula, California
If you've experienced or been accused of workplace discrimination in Temecula County, San Diego County, Riverside County, Orange County, or Los Angeles County in California, reach out to the Law Offices of Charles P. Boylston without delay. Our experienced employment attorneys are prepared to review your case, advocate for your rights, and guide you through every step of your discrimination case.