Both California and federal laws prohibit discrimination in the workplace based on race, color, ethnicity, or national origin. This includes discrimination based on all employment practices, such as placing ads for positions, promotions, working conditions, and terminating employment. Discriminatory behavior is considered illegal when adverse actions are taken concerning employment terms and conditions, including payment of wages, position, hours, vacation, hiring, and firing based on an employee’s protected characteristics.
Discrimination by association is also prohibited. So, for example, a worker cannot be fired because he or she has a spouse who is a minority. Otherwise, the employer can face a discrimination lawsuit.
There Are Two Types of Discrimination:
#1 Disparate Treatment:
This is the most identifiable type of discrimination. It manifests when an employee is treated differently because of their race/ethnicity. This type of discrimination can be proven through direct or circumstantial evidence.
Examples of disparate treatment include:
• When someone applies for a promotion and gets turned down, but the employer refuses to explain the reason. Still, it’s noticeable that the hiring process has selected people who belong to the same racial group as the employer.
• When an employer announces layoffs, and the majority of employees that are fired belong to a particular racial group.
• When someone receives less compensation than other employees, but as they discuss their work, it’s evident that everyone has similar job performances, education, skills, and training. The only difference is that said employee is from another race/ethnicity.
• When an employee is constantly being turned down for promotions, and the promotions are given to less qualified employees of a different race.
#2 Disparate Impact:
Disparate impact is more difficult to identify and prove. This happens when an employer policy benefits one group and excludes another. These actions can impede minorities from getting benefits, promotions, and fair treatment. It’s difficult to prove that these policies were designed on purpose to create such benefit or detriment. Statistical evidence may be needed as proof.
If you have experienced any of these types of discrimination or some other form of discrimination, we can help. Contact Proxy Law Firm to receive the justice you deserve.
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