What is Employment Discrimination?
Employment discrimination is the improper treatment of people in the workplace due to their characteristics, or way of life. Characteristics such as age, race, religion, gender, and sexual orientation are some examples where an employee can be discriminated against in the workplace.
Unethical treatment can occur any time from the time of hiring, to routine job assignments, and even times of promotion. Whether the discrimination was intentional or not, the practice is often the result of policies or practices that are enforced in the workplace.
Workplace Discrimination Statistics in Sacramento, CA
According to an Enforcement and Litigation Statistics Chart from the U.S Equal Employment Opportunity Commission released in 2023, California is ranked third with the most workplace discrimination claims in the United States, losing to Florida and Texas. There were 11,947 workplace discrimination claims made in California, making up about 6% of all workplace discrimination claims in the country:
- Age – 971 claims
- Disability – 1,716 claims
- Equal Pay – 65 claims
- Genetic Discrimination – 33 claims
- National Origin – 655 claims
- Pregnancy Status – 10 claims
- Race – 1,651 claims
- Religion – 428 claims based
- Retaliation – 4,289 claims
- Sex/Gender – 1,778 claims
- Skin Color – 351 claims
Laws That Protect Employees From Discrimination
- Age Discrimination in Employment Act (ADEA) – Protects workers over 40 from discrimination
- Americans with Disabilities Act (ADA) – Protects against disability discrimination
- California Fair Employment and Housing Act (FEHA) – Prohibits discrimination and harassment in employment
- California Pregnancy Disability Leave – Provides protections for pregnant employees and gives them reasonable accommodations for pregnancy-related conditions
- Equal Pay Act (EPA) – Mandates equal pay for equal work regardless of gender and requires all employers to provide compensation based on merit, seniority, and other legitimate factors
- Title VII of the Civil Rights Act – Prohibits workplace discrimination based on race, color, religion, sex, and national origin
What Qualifies as Workplace Discrimination?
Workplace discrimination can take on many different forms, from the subtle to the obvious. However, some of the most common examples of workplace discrimination tend to go unnoticed. With that in mind, should an employee experience any of the following scenarios, then they may be a victim of workplace discrimination.
- Being paid less for the same work due to gender, religion, or race.
- Being denied reasonable accommodations for disabled or pregnant employees.
- Being assigned less desirable tasks/shifts to employees due to their age, gender, or race.
- Being denied bonuses/raises to qualified employees based on their age, gender, or race.
- A qualified candidate is rejected based on their race, gender, or age.
- An employee is terminated after they disclose a pregnancy or disability.
- Derogatory comments are made about an employee’s religion, sexual orientation, or ethnicity.
How to Prove Employment Discrimination
In order to prove employment discrimination, employees would need to gather and acquire compelling evidence that their employer demonstrated unlawful treatment based on the employee’s race, gender, age, disability, or another protected characteristic. One of the first things employees should do is to document every incident of discrimination and provide as much detail as possible including dates, times, locations, and witnesses. In addition, it is recommended to take notes of how the employer treats other employees and compare that treatment to how they are being treated.
For example, if the victimized employee makes a mistake and receives a demeaning lecture and then a week later, a different coworker makes the same mistake, but only receives a playful warning, it could suggest discriminatory practices.
Before an employee files a claim with a Sacramento employment attorney, it is recommended to make a formal complaint to the company’s Human Resources Team to see if the issue can be solved internally. If it is not resolved and it consistently becomes an issue, then the attempt can serve as another form of evidence against the employer for negligence. If there are any doubts about the validity of the gathered evidence, it is urged to consult with a dedicated Sacramento employment attorney to see if the evidence merits an employment discrimination case.
Recoverable Compensation in a Workplace Discrimination Case
When it comes to recovering compensation in a workplace discrimination case, victimized employees can recover economic and non-economic damages, depending on the nature of the case. The overall value is dependent on the severity and scale of the incident. However, to get an accurate estimation it is recommended to consult with a skilled employment attorney.
Economic Damages
Economic damages are typically referred to as calculable costs that have accumulated due to the incident in question. They are designed to compensate victims for any unexpected costs that have arisen, making them financially whole. Some of the most common examples include lost wages, lost benefits, back pay, and even reinstatement.
Non-Economic Damages
Non-economic damages are defined as incalculable costs that have arisen due to the incident in question. These damages are subjective by design and, as a result, the value will vary on a case-by-case basis. For example, damages such as pain and suffering, emotional distress, and loss of enjoyment of life are all subjective and will always impact a person differently.
Lawyers for Justice, P.C. is Here to Help
Victims of workplace discrimination shouldn’t have to feel helpless when faced against such injustice. Lawyers for Justice, P.C. is a top-rated employment law firm that is committed to serving their clients and ensuring their chances of recovering compensation. No matter who the employer is, Lawyers for Justice, P.C. is prepared to fight for employees who have experienced workplace discrimination and hold those responsible accountable for their actions.
To get started on a claim, call (818) JUSTICE for a free case consultation!
