How Do I Prove Discrimination In My Workplace?
Discrimination and harassment are two separate, but often related and overlapping violations. It helps to think about discrimination as some kind of action taken by an employer or supervisor that is within the ordinary course of the workday, such as disciplining someone for coming in late or demoting or firing them. Where it becomes discriminatory when it is not done because the employee was late or didn’t do their job well, but because they are a member of a protected class. Protected classes include race, religion, gender, age, marital status, and disability. For example, an employer decides they want to cut an employee’s hours because they think they’re too old to do the job. That would be discriminatory.
Harassment is the kind of behavior that is outside the scope of what is necessary for the job. It is the kind of conduct that the harasser does for personal gratification or out of meanness or bigotry. It focuses on situations where an employee or a supervisor makes the workplace intolerable. They use physical verbal attacks, racial slurs, or harassing language and jokes. This can be done by a co-worker or a superior; it could be anyone at the workplace causing this sort of hostility. Harassment is something that disrupts a victim’s emotional tranquility and makes it difficult for them to do their job on a day to day basis. In harassment, even one incident is enough for a case.
What is an example of discrimination against an employee in the workplace?
Examples of discrimination could include denying someone a promotion because of their race, firing a woman because she is pregnant, refusing to allow someone to observe their religious holiday, or getting rid of a worker because they are just too old. There are a lot of different possibilities. They are all actions taken by the employer that without bad motives could be legitimate workplace actions. However, they become unlawful when the employer takes those actions for a discriminatory reason, such as because of the employee’s race.
What is the statute of limitations to claim discrimination in the workplace in California?
Claims under California’s Fair Employment and Housing Act must be brought within three years from the date of the last incident. That means the employee has three years to file a claim with the Department of Fair Employment and Housing. Once they do that, they trigger an additional year to bring a claim in court after the Department issues a right to sue letter.
How do I know if my employer is discriminating against me for my disability? What is a reasonable accommodation to ask an employer for?
One way to tell if an employer is discriminating against an employee is if they refuse to meet to discuss the disability and necessary accommodations. An employer has an affirmative duty to make an accommodation for any employee with a known disability, whether physical or emotional. The employer has to engage in a good faith interactive process. When they find out about a disability, they have to meet with the employee, find out what their situation is, find out what limitations they have, and then make a good faith effort to find a reasonable solution. Refusal to do so can give rise to a claim for failure to accommodate and that can come with some significant damages.
For more information on Workplace Discrimination, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 257-8999 today.
Call Now For A 30 Minute Case Evaluation