No employee should face discrimination in their workplace. Rather, they should have a work environment and leadership that support them and help them grow and thrive in their position. This is not always the case because discrimination can and does happen in nearly every industry.
An employer may refuse to hire you because you are a veteran. You may encounter coworkers who verbally and physically abuse or harass you because you are a member of the LGBTQ+ community. A supervisor may be unhappy that you reported them for mistreatment, so they will cut your hours or fire you without cause. If you have faced this type of discrimination at work, and it has had a significant impact on your life, then you may be entitled to compensation. An accomplished San Francisco employment attorney from Clark Employment Law, APC, can help you navigate your claim.
No workplace is free of conflict. In any job, there will likely be personality clashes and differences of opinion. Both supervisors and coworkers can cause unfair situations to arise. Your supervisor may be controlling, which makes it difficult to produce work that is up to their standards. A coworker may talk loudly and distract you from completing your work. These things are frustrating and can affect your efficiency, but they are not discrimination. Workplace discrimination happens when an employee is intentionally targeted or mistreated because of a certain characteristic, such as their gender identity or their age.
Every person has certain characteristics that they have no control over. You do not choose your race, ethnicity, gender, age, or sexual orientation. In legal terms, these are referred to as protected characteristics, and they are protected by federal and state law. These characteristics include:
Prejudice still exists in society, so some people may have an extremely negative view of one or more of these characteristics. If you are mistreated in the workplace as a result of another person’s prejudice, then you may have a discrimination claim. It is important to know how to recognize acts of discrimination like retaliation, wrongful termination, intentionally poor working conditions, and more.
Discrimination is not always overt and can sometimes be difficult to recognize. A policy that unintentionally impacts employees of a certain religion or culture more than others is discrimination, just as if an employer fired you because of your race. Understanding the different ways that discrimination is classified can help you recognize it in the workplace and take the necessary steps to stop it.
If you are facing discrimination at work, you are likely feeling frustrated and nervous. The potential loss of your livelihood due to another’s prejudice is both unfair and frightening. However, there are organizations that protect workers’ rights. The Equal Employment Opportunity Commission (EEOC) protects employees from discrimination at the federal level, while the Civil Rights Department (CRD) protects employees in California. Pursuing legal action against an employer for discrimination takes courage, but it will help not only you but others in your position. If you decide to do so, the process is to:
A workplace discrimination claim can take months to complete. The court will:
Eventually, your case could conclude with a trial if a settlement is not reached. This process is very involved, and it is important to do everything correctly to achieve the right outcome. An experienced San Francisco employment attorney from Clark Employment Law, APC, can guide you through the process.
A: Everyone deserves to feel safe, supported, and valued at work. Unfortunately, that does not always happen. You may have grounds for a discrimination claim if you:
If the harassment was based on a protected characteristic like your race, gender, disability, or veteran status, then it is illegal, and you can sue in California.
A: If you face discrimination in your workplace, then you deserve justice, but filing a discrimination case can be a drawn-out and confusing process that you are not guaranteed to win. Keeping evidence of the discrimination can make your case stronger. If you experienced written harassment, then screenshots or copies of emails, texts, or notes would help prove your claim. Similarly, if your hours were regularly cut, it would be wise to keep a record of every time you lost hours on your schedule.
A: You may not always recognize that you are facing workplace discrimination when it happens. Small things, like being given the more difficult jobs or having your hours cut or adjusted unfairly, may build up over time into a bigger problem. Whether you were wrongfully terminated, had your hours cut, or were pushed to quit, you have three years to file a discrimination claim. You will need to get a Right to Sue letter from the California Civil Rights Department before you can move forward.
A: No one should have to face discrimination, but it can be particularly difficult at work. If mistreatment at work, like shortened hours or verbal abuse, goes on long enough, it can lead to wrongful termination. This could earn you a significant settlement when you file a discrimination claim. The amount of your settlement will depend on how severely the discrimination impacted your life, including lost wages and time away from work.
You deserve to feel welcome and supported at work. Discrimination should have no place in your work life, but that is not always the case. You may face a supervisor who refuses to accommodate your religious needs. Coworkers may send you hateful or abusive messages because of your gender or sexual identity. Your hours may be cut, or you may be given less desirable work because of a disability.
Regardless of the specifics of the discrimination, it is illegal. If the mistreatment is serious enough, you could have grounds for a workplace discrimination claim. An experienced San Francisco employment lawyer can help you gather evidence for your case, get a Right to Sue letter, and file your claim successfully. Trust the team at Clark Employment Law, APC, to guide you through your workplace discrimination case from beginning to end.