Preventing Unlawful Workplace Discrimination In California

Jobs provide the necessary means for taking care of our families, their education, and their future, which is why our livelihood largely depends on workplace treatment. When our security at a job is threatened by discriminatory prejudice, the impact can be devastating – both emotionally and financially. For these reasons, it’s important to understand and address unlawful workplace discrimination appropriately.

Discrimination in the workplace is prohibited under state and federal US laws that protect workers’ rights. Many of the state laws in practice are similar to the federal civil rights laws, but in some cases, offer additional protection. An example of such a state is California, which considers the issue to be a matter of public policy.

Individuals who experience unlawful discrimination in the workplace can take legal action and contact lawyers in their respective states, such as an OC employment law firm. Below we will discuss California’s anti-discrimination laws and the best ways to prevent such actions from taking place.

Prohibited Discrimination

Generally, there are country and state-wide classes of individuals that are protected against different types of workplace discrimination. As is the case in other states, the risk of engaging in prohibited discriminatory treatment is present in different employment contexts, including:

• Recruiting, job applications, and pre-employment testing;
• Background checks;
• Compensation and benefits;
• Dress and appearance;
• Promotion or transfer;
• Disciplinary actions;
• Leave policies, and
• Termination or post-termination conditions.

One example of prohibited discrimination is the Americans with Disabilities Act (ADA) that protects employees with physical and mental disabilities from workplace discrimination. If an employer takes unlawful action in any of the mentioned contexts due to an employee’s disability, the employee can hire ADA lawyers to take necessary legal action against the employer.

Protected Classes

In all 50 US states, federal law prohibits discrimination relating to: 

• Race;
• Color;
• National origin;
• Religion;
• Pregnancy (including childbirth and related medical conditions);
• Disabilities (physical or mental);
• Age (40 and over);
• Citizenship status; and
• Genetic information.

In addition, California state law also covers – or more broadly defines – the following categories:

• Ancestry;
• Religious creed and religious observance;
• Marital status;
• Gender identity and expression;
• Pregnancy (including breastfeeding and related medical conditions, which are currently not covered by the federal definition);
• Medical conditions (cancer and genetic characteristics);
• Traits associated with race, such as hairstyles and textures.

Types Of Employee Discrimination

Disparate Treatment

Disparate treatment discrimination takes place when an employer factors an employee’s protected status into an adverse employment action, such as termination decisions. An example is when an employer learns about an employee’s pregnancy, and based at least partly on that knowledge, lays off that employee instead of a less-qualified one that is not pregnant.

Disparate Impact

Disparate impact discrimination, or adverse impact discrimination, happens when an employer establishes a policy or practices that may appear non-discriminatory but have a disproportionately negative effect on members of a protected class. Such practices include:

• Minimum height requirements: these typically affect women, Hispanics, and Asians.
• Physical agility tests: these have a disproportionate impact on women.
• Clean-shaven requirements: these typically affect African-American men who, due to skin conditions, are more easily irritated by shaving.

If such practices are challenged in court, the employer bears the burden of demonstrating how they relate to the position in question and if they are consistent with business necessities.

Retaliation

Under California law, employers are also prohibited from retaliating against employees if the employees exercise or are perceived to have exercised their rights under any of these statutes.

Such lawsuits can be even more challenging for employers to beat than direct discrimination lawsuits. For those reasons, employers should take caution not to attempt – or even appear to attempt – to take any form of action, including disciplinary action or terminations, if employees have taken steps to protect themselves against discrimination.

Preventing Workplace Discrimination

Violations of employment laws can often be systematic, so adherence to equal employment treatment can also be embedded in company culture. To prevent unlawful workplace discrimination and charges, employers can take various actions, including:

• Adopting an organizational philosophy that employees should be treated as individuals deserving of respect and fair treatment;
• Defining clear and written policies that reflect equal opportunity values and enforcing company-wide behavioral practices;
• Providing training across the company about equal employment values, policies, and procedures, and creating an open-door policy for addressing conflict;
• Designating a responsible individual to address discriminatory issues;
• Investigating any employee complaints timely, thoroughly, and consistently;

Employees can contact the federal Equal Employment Opportunity Commission (EEOC) to file claims, and locate the field office in California through their website. If they wish to file claims under state law only, then the complaint should be filed with California’s Department of Fair Employment and Housing (DFEH).

Final Words

Discrimination in the workplace can take many forms and is unfortunately still a pertinent issue across states – including California. Luckily, there are numerous laws in place that can protect employees against discrimination and penalize employers for unlawful practices.

Generally, the best way to prevent workplace discrimination is to build a culture of acceptance and equal opportunity and define the necessary policies for instilling these values across the company. If employees believe to be subjects of discrimination in the workplace, they should file a claim and contact an experienced lawyer.