Though discrimination of various sorts is illegal in most if not all states and laws have been instituted to protect staff, it is a downcast fact that it goes on. If you're on the tough end of what you understand to be discrimination in your workplace, then it is recommended that you speak to an experienced employment attorney who is used to coping with such cases.
So what precisely is discrimination?
In essence hostile workplace discrimination is when an individual or group of people from a protected class or classes are treated badly just because of who they may be, and not for what they can achieve. These are some examples of protected classes or categories:
- Race
- Gender or sex
- Incapacity
- Pregnancy
- Religion
- Age
- Whistle blowing
Usually pretty much everybody understands that as an employer you can't fail to push somebody thanks to the colour of their skin. This is clearly illegal and is the sort of thing that that any employment attorney would come down on. However where the line gets a little blurred is when the employer believes that perhaps that person isn't the correct individual for the promotion based on their capabilities (or absence of).
The worker may deem it to be a discriminatory act, but the employer will see it as that person being judged similarly based only on their skills. It is then up to the representing lawyer to persuade the jury as to whether discrimination has played a role in the employer's decision to not promote the person.
Workplace discrimination laws
Each state has its own set of discrimination rules and rules and California isn't an exception to this rule. The California Department of Fair Employment and Housing (DFEH) is the regulatory body that enforces anti discrimination and is there to keep watch over Californians when it comes to rules applying to both the workplace and housing. They introduced the fair employment and housing act (FEHA) which is the law that defines what is , and what's not, illegal in the state of California.
So what precisely is discrimination?
In essence hostile workplace discrimination is when an individual or group of people from a protected class or classes are treated badly just because of who they may be, and not for what they can achieve. These are some examples of protected classes or categories:
- Race
- Gender or sex
- Incapacity
- Pregnancy
- Religion
- Age
- Whistle blowing
Usually pretty much everybody understands that as an employer you can't fail to push somebody thanks to the colour of their skin. This is clearly illegal and is the sort of thing that that any employment attorney would come down on. However where the line gets a little blurred is when the employer believes that perhaps that person isn't the correct individual for the promotion based on their capabilities (or absence of).
The worker may deem it to be a discriminatory act, but the employer will see it as that person being judged similarly based only on their skills. It is then up to the representing lawyer to persuade the jury as to whether discrimination has played a role in the employer's decision to not promote the person.
Workplace discrimination laws
Each state has its own set of discrimination rules and rules and California isn't an exception to this rule. The California Department of Fair Employment and Housing (DFEH) is the regulatory body that enforces anti discrimination and is there to keep watch over Californians when it comes to rules applying to both the workplace and housing. They introduced the fair employment and housing act (FEHA) which is the law that defines what is , and what's not, illegal in the state of California.
About the Author:
Zairylle Carroll is an expert author of
discrimination in the workplace matters and other career employment issues. Read on her article about workplace discrimination and why to find assistance from
discrimination lawyers.
discrimination in the workplace matters and other career employment issues. Read on her article about workplace discrimination and why to find assistance from
discrimination lawyers.
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