We understand that discrimination in the workplace is far more common than any of us would like. Therefore, it is fundamental to recognize a discriminatory act and know how to file a discrimination claim.
Below we detail valuable information about discrimination in the workplace and the process for filing a claim:
What is discrimination?
Discrimination occurs when someone is treated less favorably because of a particular personal attribute, even if the way they are treated is not necessarily antagonistic.
How do you recognize discrimination in the workplace?
According to California law, it is illegal for an employer to discriminate because of race, religion, color, sexual orientation, gender, disability, medical condition, age, and military status.
Another type of discrimination can be based on the language you speak. For example, your employer cannot make your workplace an “English-Only” environment. If this is happening, you must file a complaint right away.
Who can be held liable?
Discrimination laws in the workplace can sometimes feel unclear, especially those related to disability or sexual harassment. When you discriminate against someone during work, you could be personally liable for the offense. Therefore, the person who was discriminated against can file a claim against the company and the employee who took part in the discrimination.
How do I file a discrimination claim in California?
In California, you can file a claim with two different government agencies: the California Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC). Both agencies have an agreement where they are willing to work together to get to the bottom of a claim. So do not try to file a claim with both agencies; you must choose one, and you will likely get help from both if necessary.
The main difference between these two agencies is that in the cases, DFEH handles companies with 5 to 14 employees, while EEOC is in charge of layer companies. Therefore, in order to start the claim, you have to contact the appropriate agency for your case.
After you have filed a claim, an investigation will occur, and you might end up in mediation to resolve the matter.
Please call us. We can help you in this process!
