Workplace discrimination is not typically overt or blatant. Someone experiencing racial discrimination, for example, may not be the victim of racial slurs. In other cases, the discrimination may not even be intentional. A supervisor may favor particular employees over another, or disfavor others, based on some unlawful animus.
When an employee complains about discrimination, many are then subjected to unlawful retaliation by the employer. This is one of the most common claims by employees, according to the California Civil Rights Department.
Identifying Discrimination in the Workplace
Employees in California are protected from discrimination in the workplace based on an employee’s protected status, such as the employee’s race, sex, religion, pregnancy, or disabilities. Signs of subtle discrimination include:
Exclusion
An employee that is intentionally kept out of, or not invited to, meetings, training, and social business events, can be a sign that the employee is experiencing discrimination. This may be particularly true or more obvious if the exclusion is sudden, or it occurs after the employee engaged in a protected activity. It may also be proven by showing that there are no other legitimate business reasons for excluding a particular employee from these events.
Denied Opportunities
Similar to exclusion, an employee may be denied opportunities that are provided or given to other employees. This may include benefits of employment, such as traveling for work or having those expenses covered. In other cases, an employee may be passed over for a promotion or increase in pay.
Unfair Treatment
Discrimination may be in the form of applying different standards, such as being excessively micromanaged or supervised, having to meet higher performance standards, or receiving harsher feedback or reviews. Other obvious signs include being expected to perform additional duties that others are not required to do, or that are not part of the employee’s typical duties.
Reassignment or Change in Duties
An employee may be discriminated against when the employee is reassigned to a different location or position, or the employee’s duties have changed for no apparent reason. Other times, employers might change an employee’s schedule, or a regular shift assignment may have been reduced.
Bullying
Harassment based on an employee’s protected status is unlawful. Other employees might encourage each other or make jokes about an employee, for example, based on that employee’s race. Making “jokes”, even if intended to not be offensive, doesn’t make it legal. Other harassment or bullying can include leaving offensive comments or memes in community areas, or acts intended to humiliate or isolate an employee.
Favoritism
In some ways, this manifests in the opposite way as unfair treatment. Certain employees may be favored for promotions or other benefits. In other cases, certain employees are always assigned to perform the easier or less laborious tasks.
Retaliation for Reporting Discrimination
Making a complaint about experiencing discrimination is a protected activity. Retaliation comes in many forms, and can include the subtle acts of discrimination identified above. More obvious examples of retaliation include:
Demotion
An employee’s position, pay, overtime opportunities, responsibilities, or privileges of employment, may be reduced.
Termination
An employee may not be outright terminated, but the working conditions may become so intolerable that an employee is forced to resign. This raises the possibility of a claim for constructive discharge.
Reach Out to a Discrimination Attorney
The law guarantees equal opportunities to all employees. A Los Angeles employment discrimination and retaliation lawyer can help you if you experienced discrimination or an employer retaliated against you for exercising your right to complaint about discrimination.
For a confidential consultation, contact Litigation, P.C., at 424-284-2401 or online to learn about your legal options. We routinely handle matters throughout SoCal.