Workplace Discrimination 101

Discrimination in the workplace exists in several forms and can be observed in any industry. It can’t always be prevented, as many of the warning signs can stay hidden, but it is our responsibility to shed light on this issue and create the necessary awareness to fight it.

What Does Discrimination Look Like?

There are 7 main forms of discrimination that can be seen in the workplace today:

• Race
• Gender
• Age
• Pregnancy
• Disability
• Religion
• National origin

Each form of discrimination can manifest in different ways, however, there are commonalities they all experience. An individual can experience discrimination in the form of verbal abuse, verbal or physical threats, and even violations of personal ethical principles.

Discrimination can affect an individual’s position at their job as well. There have been cases in which individuals were refused a job or promotion due to the color of their skin, age, gender, or other criteria. Employers have even gone as far as terminating employees in retaliation for reporting discriminatory actions within their company.

Employers will almost always do their best to make sure there is no room for a discrimination claim in order to protect their public reputation, which is why you need experienced employment law attorneys that truly care about your rights to guide you through the process.

How Do I File A Complaint?

California has a number of anti-discrimination laws some employers simply refuse to follow. When there is clear evidence of a violation, employees are entitled to submit a formal complaint against their employer with the court.

A complaint is the first official statement documenting the factual and legal basis of the case an employee has against their employer, and it must be made within a specific time frame. These claims must be submitted within no more than a year of the discriminatory act for state cases, and no more than 180 for most federal cases. Federal employees have an even shorter time period of 45 days after the initial act to file their claim.

You can choose to file a claim through two major agencies:

• The Department of Fair Employment and Housing (DFEH)
• The Equal Employment Opportunity Commission (EEOC)

Although the DFEHis a state-level agency, and the EEOC a federal agency, they work in tandem during the claims process. This means that no matter which agency you file under, they will cooperate with each other during your case.

Receiving the Right to Sue

The “Right to Sue Letter” is a document given to filers by either the DFEH or EEOC after their investigation and permits the employee to file a lawsuit against their employer. Before handing over the letter, however, the agencies typically invite both parties to a form of mediation to settle their dispute out of the courtroom, but they seldom succeed in finding any kind of resolution.

Once you receive the right to sue letter, you only have a total of 90 days to decide whether or not you intend to file a lawsuit against your employer.

Contact Our Sacramento Employment Law Team Today

When you have been discriminated against for something that is oftentimes out of your control, you deserve to have a legal team who truly cares about your rights to represent and guide you through the process. We are prepared to offer personalized and passionate services to help you gain the justice and recompense that you deserve.

If you have experienced continual discrimination within your workplace or by your employer, do not hesitate to contact us today through our website or give us a call at (916) 993-4900 to schedule a consultation today!