Under California employment law, employees have the right to discrimination-free work environments. In short, discrimination occurs when a person is treated unfairly because of his or her race, gender, sexual orientation, disability, age, religion, or nationality. But identifying employment discrimination isn’t always easy, as it can take many forms. If you are an employee and have been treated unfairly in the workplace, knowing your rights is the first step toward seeking justice.
Legally speaking, there are two basic types of workplace discrimination: disparate treatment and disparate impact. Disparate treatment happens when an employer acts in a way that is directly unfair to the employee. This might include demotion or termination based on the employee’s nationality, for example. In some cases, the employer might fail to give a promotion or raise to a qualified employee because of his or her sexual orientation or religion, which also qualifies as discrimination under California employment law.
Disparate impact, on the other hand, is a more general term that refers to an action (usually a company policy) that is unfairly biased against an entire group of employees. If a company policy discriminates against pregnant women, for instance, it falls into this category. Other situations might include policies that prohibit clothing associated with a specific religion or policies that discriminate against a gender minority.
If you suffered discrimination in the workplace, now is the time to speak with a legal representative about your claim. At The Spencer Law Firm, you can work with an Orange County employment lawyer to seek compensation for your damages. Contact us for more information about employment law and your rights.