Most Americans spend most of their lives at work. Because of this, federal and state laws have been passed to give employees more rights and protections in their place of employment. Under these laws, it is illegal for an employer to discriminate against an employee based on multiple protected characteristics. If you believe that you were a victim of discrimination in your California workplace, you most likely have a case against your employer.
California Employment Counsel, APC: Newport Beach Employment Lawyers
No employee should have to deal with unfair, uncomfortable, or unsafe behavior at their Newport Beach place of work. At California Employment Counsel, APC, our team of attorneys shares decades of experience protecting the rights of workers across California. We believe that there is no room for discrimination in the workplace and that all parties should be held responsible for practicing and tolerating these poor behaviors. As an employee, you deserve a safe, appropriate work environment to perform your duties properly. If you are facing discrimination at your place of work, do not delay seeking help from legal experts like our Newport Beach employment lawyers. At California Employment Counsel, APC, we put employees first.
What Is Workplace Discrimination in California?
Workplace discrimination is a form of discrimination where an employer treats an employee unfairly, poorly, or differently than other workers because of a protected characteristic. Under both state and federal law, it is illegal for an employer or an employee of power to discriminate against other employees in the workplace based on characteristics such as:
Ancestry or national origin
Physical or mental disability
Types of Workplace Discrimination
While workplace discrimination can come in many forms, there are two main categories that most discriminatory behaviors fall under in California.
Disparate treatment discrimination is a type of discrimination that is done on purpose. It occurs when an employer or employee of power takes into consideration the protected characteristic of another individual before taking negative, harmful, or adverse action against them. For example, if an employer decided to lay off an employee over 40 just because they were getting older and instead hire a younger, less-qualified employee to do the same job, that would be considered disparate treatment discrimination.
Disparate impact discrimination, however, is an unintentional form of discrimination. Sometimes called “adverse impact discrimination,” this occurs when an employer implements a new practice or policy that only disproportionately affects people with certain protected characteristics. While a policy or practice may seem neutral at first, only a select few employees suffer while the rest are unharmed.
For example, a company adopts a policy to promote healthy living. They decide to give a bonus to the worker who takes the stairs the most. This could unintentionally discriminate against those with medical conditions or disabilities who are unable to participate.
Disparate impact discrimination can also look like testing certain qualifications for a job that will consequently rule out certain groups. An example would be a construction company that institutes a strength test that inadvertently eliminates women from their applicant pool.
What Kind of Behavior Is Considered Discrimination?
When filing a claim for workplace discrimination, an employee will have to prove that some form of discrimination took place. Some of the most common actions that are considered to be discrimination in the workplace in California include:
Demoting an employee
Forcing an employee to leave their position or quit
Refusing to hire an employee based on a protected characteristic
Assigning or transferring an employee unfairly to tasks and positions
Consistent denial of promotions or refusal to offer promotions
Refusal to pay proper rates, decrease in pay, or reduction of benefits
Other forms of unfair treatment based on protected characteristics
How an Employment Lawyer Can Help You
When it comes to discrimination in the workplace, working with an experienced employment law attorney can help you through your case. There are many ways that working with our team at California Employment Counsel, APC, can be invaluable.
Help You Better Understand Employment Law
Every employee has rights in the workplace that are granted to them through federal and state laws. If you are taking up a case against your employer, it is important that you understand your different rights and the protections you have against them. At California Employment Counsel, APC, our lawyers have decades of experience working in employment law and can assist you in understanding all aspects surrounding your case.
Help You Prove Discrimination
Proving discrimination can sometimes be one of the most complicated parts of a case. This is because, in many cases, employers are more than aware of the discrimination laws in place and try their best to avoid them. With the help of our attorneys, we can assess your case and help you show proof that you have been discriminated against illegally by your employer.
Negotiate and Represent You in Court
Filing a workplace discrimination case can be extremely intimidating for employees, especially because you may have to face your employer in court. By hiring one of our experienced lawyers, you can trust that we will use our expert negotiation skills to fight for the best possible outcome and work to hold your employer accountable. Our team can represent you through litigation, give you advice, and provide support throughout your case.
Newport Beach Workplace Discrimination Lawyers
There is no room for discrimination in any California workplace. At California Employment Counsel, APC, we have dedicated our entire practice to protecting the rights of mistreated employees. We understand how difficult it can be to work under unfair or unsafe conditions. This is why we have helped countless clients file cases against their employers and hold them accountable. If you are facing discrimination at your work in Newport Beach, California, do not wait to find legal representation that can help you. Contact our team today to learn more about our services and how we may be able to assist you.
Why Speak Up In California
You should never be afraid to assert your
rights as an employee