No one should have to tolerate discrimination at work, but unfortunately, it still happens across a wide range of industries and positions. Sometimes it’s obvious, but other times, it’s subtle or disguised as standard company policy. Either way, when workplace decisions are based on personal characteristics that have nothing to do with someone’s performance or qualifications, it may be a violation of state and federal employment laws.
At Prestige Legal Solutions, we help individuals across California identify what kinds of discrimination in the workplace may apply to their situation and what steps they can take to protect their rights.
Understanding Discrimination in the Workplace
Discrimination at work occurs when someone is treated unfairly or differently based on a protected trait. This can include race, gender, religion, disability, age, sexual orientation, and more. Discrimination can happen at any stage of employment: during the hiring process, while you’re on the job, or even at the point of termination.
Direct vs. Indirect Discrimination
- Direct discrimination happens when someone is treated less favorably because of a protected characteristic. For example, a qualified employee is passed over for promotion solely because of their age.
- Indirect discrimination refers to policies or practices that appear neutral but end up negatively affecting people with certain characteristics. For instance, a company requiring all employees to work on Saturdays may disadvantage workers whose religion observes that day as a holy day.
Understanding the distinction between these two kinds of discrimination in the workplace can help you decide what steps to take next.
Primary Types of Workplace Discrimination
Here are the most common types of workplace discrimination employees experience:
Race and Color Discrimination
This includes unfair treatment based on race, skin color, or physical characteristics associated with race. It may also apply when someone is mistreated due to their association with people of a certain race or ethnicity.
National Origin Discrimination
This form of discrimination occurs when an employee is treated unfavorably because of their country of origin, ethnicity, accent, or even perceived background. Discriminatory English-only policies or accent bias can also fall into this category.
Sex and Gender Discrimination
Any discrimination based on sex, gender identity, gender expression, pregnancy, sexual orientation, or nonconformance to gender norms falls under this category. This is one of the most common types of discrimination in the workplace, affecting hiring, pay, promotion, and treatment.
Age Discrimination
Laws against age and generational discrimination protect workers aged 40 and older from being treated less favorably because of their age. This form of workplace discrimination may involve being passed over for training, promotions, or even being targeted in layoffs.
Disability Discrimination
Disability discrimination happens when an employer fails to provide reasonable accommodations or treats someone unfairly due to a physical or mental disability, whether visible or not.
Religious Discrimination
Religious discrimination involves mistreatment or denial of reasonable accommodations based on an employee’s sincerely held religious beliefs, practices, or customs.
Military Status Discrimination
Rules against military status discrimination safeguard active service members, veterans, and reservists from being denied jobs, promotions, or reemployment because of their military obligations or history.
Retaliation
Retaliatory discrimination occurs when an employer punishes an employee for reporting discrimination, participating in an investigation, or asserting their workplace rights. It’s illegal even if the original claim is later found to be unsubstantiated.
Workplace Discrimination Examples
To help you better understand what discrimination can look like, here are a few straightforward workplace discrimination examples that illustrate how it can affect everything from hiring to promotions to termination decisions:
- A Latina employee is consistently passed over for promotions in favor of less-experienced white colleagues.
- An employee is terminated shortly after notifying their supervisor of their pregnancy.
- A Muslim worker is denied a schedule adjustment to attend religious services, even though the company accommodates other non-religious schedule requests.
- A gay employee is routinely subjected to offensive jokes from coworkers, and management fails to address it despite multiple complaints.
- A veteran returning from deployment is told their job has been permanently filled, even though the employer is legally required to reinstate them.
Have You Been Discriminated Against in Your Workplace?
If any of the situations described above sound familiar, it might be time to take action. While not every difficult work experience qualifies as discrimination, if you’ve been treated unfairly because of a protected characteristic, you may have a valid claim.
At Prestige Legal Solutions, we help employees understand their rights, gather the documentation they need, and determine whether they have a strong case. We understand how difficult it can be to speak up, especially if you’re worried about retaliation or job loss. That’s why we offer a compassionate, confidential approach that puts your well-being first.
Contact Prestige Legal Solutions
If you’re unsure whether what you’ve experienced qualifies as workplace discrimination, don’t wait to find out. Let the team at Prestige Legal Solutions review your situation and help you decide how to move forward. We handle all kinds of discrimination in the workplace, and we’re committed to fighting for fairness and dignity on behalf of every client.
Contact us today for a free consultation and learn how we can help you start your case.
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