California Employment Discrimination

In California, employment discrimination refers to unfavorable or unfair treatment of an individual based on their belonging to, or association with, one of the protected classes and characteristics.

This form of discrimination is prohibited by the California Fair Employment and Housing Laws. These laws are designed to ensure that all individuals receive equal opportunities in the workplace regardless of these protected attributes.

What Is The Difference Between the EEOC and the DFEH?

Both the EEOC (Equal Employment Opportunity Commission) and the DFEH (Department of Fair Employment and Housing) handle employment discrimination complaints. However, they operate at different governmental levels.

The EEOC is a federal agency that enforces federal employment discrimination laws. On the other hand, the DFEH operates at the state level, specifically overseeing and enforcing the California Fair Employment and Housing Laws. While both bodies aim to curb employment discrimination, the DFEH is more tailored to the specific needs and protections outlined in California employment laws.

What Are Some Examples of Employment Discrimination in California?

Examples of employment discrimination in California include, but are not limited to:

Denying an Individual a Job or Promotion Based on Their Race or Gender

Discrimination based on race or gender in the workplace is a pressing concern in many organizations. For instance, Jane, an Asian woman, applied for a managerial position at her company. Even with her notable qualifications and consistent performance, the job was given to a less-experienced male colleague. It later surfaced that there were underlying desires for a “more typical American face” to lead the team, revealing a clear bias.

Paying Someone Less Due to Their National Origin or Religion

Wage disparities based on factors like national origin or religion can deeply impact the workforce’s morale.

Consider the case of Ahmed, a practicing Muslim, who consistently outperformed in his sales role. However, he discovered that colleagues with the same job responsibilities were earning substantially more. On further inquiry, biases came to the fore, with indications that Muslims “have other wealthy connections and don’t need as much.”

Harassing an Employee Because of Their Sexual Orientation or Gender Identity

Harassment targeted at an individual due to their sexual orientation or gender identity is an offensive form of discrimination. Alex, who had recently transitioned, faced this firsthand when she returned to work as a woman. Despite her right to her identity, colleagues refused to address her by her chosen name. This daily mockery and inappropriate behavior created a hostile work environment.

Retaliating Against a Worker for Reporting Discrimination or Participating in an Investigation

Retaliatory actions against employees who stand up against discrimination are not only disheartening but also illegal. Carlos experienced this when he highlighted racial discrimination within his department. Subsequent to his report, he was unjustly excluded from meetings, overlooked for projects, and, most significantly, demoted despite maintaining consistent performance.

Refusing Reasonable Accommodation to an Employee with Disabilities

Employers are mandated by law to facilitate reasonable accommodations to employees with disabilities. Sarah’s case highlights the importance of this. Being visually impaired, Sarah requested software to read text aloud to aid her computer tasks. However, her manager unjustly denied her this accommodation, citing budgetary constraints, thereby making her daily tasks unnecessarily challenging.

These discriminatory actions, stemming from various biases, can profoundly impact the affected individual’s mental and emotional well-being and the overall workplace environment. Proactive measures, policies, and training are crucial to countering such inherent biases.

These actions violate an individual’s rights based on their membership in protected classes and characteristics, as defined by California law.

How to File an Employment Discrimination in California?

If you believe you have been discriminated against, you can file a complaint with the DFEH.

To prove employment discrimination, the process typically involves:

Gathering All Relevant Evidence

To substantiate claims of employment discrimination, comprehensive evidence is key, which could include:

• Emails or Written Communication: Maintain records of any correspondence that reveals discriminatory undertones. These records might include emails, text messages, memos, or letters.
• Witness Testimonies: Fellow employees or others who witnessed discriminatory behaviors can provide statements or testify, thus strengthening the claim.
• Documentation of Discriminatory Acts: Maintain a personal log or journal documenting each incident. Include dates, times, individuals involved, and a detailed account of what transpired.

Contacting the DFEH to Initiate the Complaint Process

The California Department of Fair Employment and Housing oversees employment discrimination cases in the state.

• Begin by visiting the DFEH’s official website. They have comprehensive resources and guides detailing the process of filing a complaint.
• Ensure that you file within the stipulated timeframe. Typically, complaints must be filed within one year from the date of the alleged discriminatory act.
• Upon receiving the complaint, the DFEH will evaluate its merits. If they find it valid, they’ll conduct an investigation into your case.

Attending Mediation or Other Resolution Procedures

Before resorting to litigation, many cases go through mediation, a voluntary process wherein both parties, assisted by a neutral mediator, negotiate to reach a resolution.

• Mediation can be less adversarial and more cost-effective than litigation. It’s a platform where both parties can openly discuss issues and reach a mutually agreeable resolution.
• If both parties consent, the DFEH offers free mediation services with trained professionals who help facilitate the conversation.

If Unresolved, Considering Litigation or Further Legal Actions

Should mediation not yield a satisfactory outcome, litigation becomes an option.

• Before you can file a lawsuit in court, you’ll need a “right-to-sue” letter from the DFEH. This letter signifies that you’ve exhausted the DFEH’s administrative processes.
• With the “right-to-sue” letter, you can then proceed to court. This process involves formally drafting and filing a complaint, followed by discovery, trial preparation, and potentially a trial.
• Remember that litigation can be lengthy, emotionally draining, and expensive. Ensure you are prepared mentally, emotionally, and financially before taking this step.

Navigating employment discrimination cases can be challenging. Hence, consulting a lawyer who handles employment discrimination cases can be beneficial. They can guide you through each step, ensuring your rights are upheld and you have the best possible chance at a favorable outcome.

If you believe you’ve been subjected to employment discrimination in California, consider seeking assistance from a dedicated California discrimination lawyer through LegalMatch.

Can You Be Fired for Filing a Discrimination Claim Against Your Employer?

No, California law prohibits employers from retaliating against employees who file a discrimination claim or participate in any related investigations or proceedings. This means that employers cannot fire, demote, harass, or otherwise “retaliate” against individuals for asserting their rights under the California Fair Employment and Housing Laws.

Do I Need A Lawyer for California Employment Discrimination?

While you can file a complaint with the DFEH on your own, navigating the complexities of employment discrimination claims can be challenging. An experienced attorney can provide valuable guidance, help collect and present evidence, and advocate for the client’s best interests. If you believe you’ve faced employment discrimination, consider consulting with a legal professional.

Facing discrimination in the workplace can be scary, but you don’t have to face it alone. Connect with a California discrimination lawyer through LegalMatch to understand your rights and get the representation you deserve.

There is no fee to submit your case details online through LegalMatch. Doing so today can be the first step in resolving your legal issue. Don’t wait any longer. Use LegalMatch today.