Discrimination can take many different forms. The term is used daily when someone is being treated differently and unfairly. Employment discrimination is when someone is treated worse than someone else based on race, ethnicity, gender, religion, sexual orientation, and more.
It can be about everything from not being given the same chances as other job seekers because of gender or disability to offensive comments about a person’s sexual orientation or ethnic origin.
Employment discrimination applies to all employment stages, including the hiring process. Employers must therefore work to promote equal rights and opportunities in the workplace through so-called active measures. The employer also has a responsibility to be aware of this, learn the exact definition of employment discrimination, and then know how to deal with and prevent such occurrences.
Even though it’s a progressive state, California, for example, has a lot of racial discrimination incidences at workplaces,
According to statistics, in 2011 alone, there were as many as 2,372 racial discrimination charges filed by California-based workers and applicants. Suppose you happen to run a business in the state of California. In that case, you should know that federal and state laws prohibit employers in this state from discriminating against employees based on the characteristics we mentioned above.
In the article below, we will break down four types of discrimination in the workplace in California so employers can learn to recognize them in the workplace and prevent discrimination from happening in the first place.
Racial Discrimination
Racial discrimination in the workplace is based on the actual race, skin color, country of national origin, or ethnicity. A person’s facial features, hair type, and even complexion can be included in this discrimination and in certain cases, workers may face discrimination due to a relationship they have with a person of another race.
Racial discrimination occurs when someone refuses to hire a qualified candidate, gives someone with undesirable tasks or projects they’re overqualified for, not giving someone the promotion they deserve, discharges them, and also makes the actual workplace a hostile environment solely because of someone’s race.
If you feel like you’re experiencing racial discrimination in the workplace, you should contact an employment lawyer who can help you if you’re considering pursuing a discrimination claim against the responsible parties. A reputable lawyer will help you develop a strong legal basis for your claim and get the justice you deserve. The first question many employees ask themselves is “how much does it cost to hire an employment lawyer in California?” So before hiring someone, get ready to do some research about the charges associated with suing your employer, schedule a consultation, and discuss the fees and terms.
Sex and Gender Discrimination
Although sex and gender discrimination is strictly forbidden and illegal in workplaces, it still happens every day. Sex and gender discrimination encompasses discrimination based on an employee’s gender, sexual orientation, or identifying gender.
It could also include pregnancy discrimination, as well as discrimination against parents, both male, and female, or nursing mothers. In addition, it also includes discrimination based on childbirth or related medical conditions. An example of this type of employment discrimination would be an employer not being able to get a promotion or get hired based on their status as pregnant.
Sex and gender discrimination can happen at any time and in any place, but it has far-reaching effects on employees’ physical, psychological, and emotional health. People who’ve experienced the effect of gender discrimination in the workplace have every right to file a claim.
Age Discrimination
Age discrimination means that a person is not given the same opportunities as others, just because they are younger or older than others in the same situation. It can occur in any workplace where people of different ages participate in the same activity. Age discrimination is prohibited in California and it is against the law to treat employees differently based on their age and assumed level of ability.
Sometimes it is difficult to know if you have been subjected to age discrimination. Sometimes you can also be discriminated against because of several different things at the same time, for example, both age and gender. If you’ve decided to file a claim, contact an employment lawyer who can help you determine your next steps.
Disability Discrimination
Employers are obligated to provide fair treatment to employees with disabilities. This means providing equal employment opportunities, equal pay, employee compensation, job training, and a non-hostile work environment. Anything from mobility, hearing, visual and psychological disabilities are legally protected in the workplace and employers must prevent them from occurring.
This type of discrimination is a damaging practice and disability discrimination law is particularly unforgiving of employers who act based on fears or stereotypes about a person’s medical condition. For instance, an employer cannot deny a job to a qualified candidate who has a history of cancer, thinking that the condition will recur and cause the person to miss work.
Final Thoughts
Racial, sex and gender, age, and disability discrimination are the four major types of employment discrimination historically pervasive in California. The employer must systematically work with active measures to counter discrimination and promote equal rights and opportunities in the workplace based on the grounds for discrimination. If you’ve been discriminated against at work, find a qualified and knowledgeable lawyer to help you with your case.