Fear, embarrassment, confusion, and anger are all normal emotions to feel if you believe that you’ve been the victim of workplace discrimination. Most people rely on their job to provide for their lifestyle and family, but it’s essential to understand your personal rights. The United States Equal Employment Opportunity Commission and the state of California protect residents against subtle or direct discrimination that occurs at work, and you have a right to seek an attorney for discrimination. Unfair treatment could occur when you least expect it, so be sure to familiarize yourself with different workplace discrimination types.
Women are often the victim of gender-based workplace harassment, but it does happen to men as well. A person may be overlooked for a promotion, offered a lower rate of pay, provided with fewer benefits, or treated unfavorably based on their gender. It could also be considered discrimination if a person isn’t hired because the position is traditionally filled by the opposite sex.
One of the most common discrimination types involves gender identity, especially in regards to transgender individuals. An employer that refuses to recognize a transgender male or female according to their identity is a significant problem. They may be denied access to the appropriate restrooms or repeatedly addressed with incorrect pronouns. Sexual orientation discrimination also falls under this category because it could be implied that a transgender person is gay, lesbian, or bisexual. Heterosexual individuals can also become the victim of discrimination, although it is less common.
An unmarried applicant could be viewed by a potential employer as a distraction, especially in circumstances that the individual is of the opposite sex as the majority of other workers. On the other hand, an applicant that is married might be implied to have children. They may be denied a position based on unfair reasoning, such as being more committed to their family than work.
A person may be wrongfully terminated, demoted, refused a job, or otherwise treated differently based on a disease or disability. Individuals are not required to disclose a disability to their employer, but it may be necessary when requesting special accommodations. The employer may be guilty of disability discrimination if they deny a request for reasonable changes, such as the addition of a wheelchair ramp.
An employee could be a victim of discrimination based on unfair treatment relating to the following issues:
- Mental or psychological disorder
- Learning disability
The actual or assumed age of a person could disqualify their eligibility in the hiring process, or cause the employer to assume that they’re unfit for certain duties or positions. A younger individual is often viewed as inexperienced or likely to move on from the job quickly. Older candidates may be the victim of discrimination by being denied new training, assumed to retire soon, or viewed as unappealing to younger customers. Although this is one of the less common workplace discrimination types existing today, there are employers that continue unfair recruitment and employment policies.
Moral, ethical, and religious beliefs of an employee or candidate must be respected at all times by an employer. Unfavorable treatment could include offensive remarks, segregation, or failing to make requested schedule adjustments on special holidays. The only exception that an employer may take is making accommodations that would cause undue hardship, such as creating a burden for other employees.
Racial forms of harassment that occur in the workplace are strictly forbidden by the law, even if the employer is the same race as the victim. Unfavorable treatment can include:
- Use of racial slurs
- Teasing about skin color, facial features, etc.
- Display of any symbols that are considered racially-offensive
Applicants and employees that are pregnant are often subject to discrimination rather than provided with reasonable accommodations. In California, many of these cases involve an employer that believes that their actions are protective of the pregnant woman. It is considered pregnancy discrimination, even though there may not be any malicious intent. A pregnant female could also be denied employment or fired based on the assumption that she will be unproductive and need to miss work often.
Males and female alike are the victim of unwanted touching, inappropriate remarks, and pressure to perform sexual favors for those in the workplace. Sexual harassment is one of the most common discrimination types, especially if the victim is punished for showing disinterest. It can happen to any gender by co-workers or employers, and the law protects against this type of treatment.
Individuals that witness or experience some form of workplace discrimination are often afraid to speak up for fear of retaliation. It’s against the law to retaliate in any of the following example circumstances:
- Another employee intervenes when another individual is being physically or verbally harassed.
- Inquiring about salary information to determine wage equality
- Requesting an accommodation for reason of religion or disability, regardless of approval.
- Cooperating in a discrimination investigation.
- Refusing to take part in discriminatory practices, especially if ordered to do so.
What To Do If You Have A Disability Discrimination Case
If you believe that you have a disability discrimination case, you should contact a San Diego attorney right away. Delaying your claim could potentially harm your chances of receiving the compensation that you are owed. If you would like someone to review your case today, send us an email or call Walker Law at (619) 839-9978 to schedule your free consultation.