More Than Being ‘Mean’: What Qualifies As Employment Discrimination?
When it comes to bad experiences in the workplace, there is often a misunderstanding about what constitutes employment discrimination on a legal level. Nothing in California or federal law requires employers to be fair, kind or respectful or make strategically smart hiring or firing decisions.
However, the law does protect workers from being discriminated against at work in particular ways, including age discrimination, race discrimination and gender discrimination. At the Law Office of Suzy C. Moore, we help clients from La Mesa and San Diego County assess their employee discrimination cases and understand what remedies may be available to them.
Why Disparate Treatment Matters In An Employment Discrimination Case
As with other lawsuits that fall within the realm of employment law, most discrimination cases hinge on whether an employee was singled out as a member of a protected class and treated differently than others in a similar situation who are not in the same protected class as they are. This is called “disparate treatment” and could include:
- Refusal to interview or hire
- Denial of promotion
- Humiliation or intimidation through being forced to listen to jokes about their protected class
- The workplace becoming so intolerable for the individual that resignation becomes appropriate
Your attorney can help you assess whether you suffered disparate treatment at work.
Obtaining Proof Of Discrimination
In many cases, employers will not explicitly discuss their enmity against you as a member of a protected class. Instead, they may use language that alludes to your class without stating it. Our lead attorney can help you research whether your experiences show that your employer is treating you differently from other employees in the same situation.
How To Report Employment Discrimination
Before you can file a lawsuit based on employment discrimination, you must first report it to the state Department of Fair Employment and Housing within one year of the discriminatory act. Alternatively, if your charge is also covered by a local or state anti-discrimination law, you may make a claim with the federal Equal Employment Opportunity Commission (EEOC) within 300 days of the discriminatory activity.