What Are Warning Signs of Discrimination at Work?

Our Los Angeles Employment Lawyers Discuss Common Red Flags

Federal data from the Equal Employment Opportunity Commission (EEOC) shows that workplace discrimination is a major problem for U.S. workers. According to EEOC data, the EEOC resolved more than 70,800 charges of discrimination in 2020. Workplace discrimination can result in a hostile workplace, demotion or wrongful termination.

There are federal and state laws that protect workers from workplace discrimination. Below, our Los Angeles employment lawyers discuss common warning signs of discrimination in the workplace.

We encourage you to contact our Los Angeles employment lawyers if you have questions about California labor laws. It is strongly recommended to speak with an attorney before taking any action against a current or former employer. Our attorneys offer free initial consultations.

Warning Signs of Discrimination at Work

As a general definition, workplace discrimination is where an employer treats a worker less favorably than other workers due to a specific characteristic, such as race or national origin.

Workplace discrimination can take many forms, and does not always entail situations that may occur on the job. Hiring practices can also be discriminatory. Common warning signs of discrimination at work include:

  • Harassment can be a type of workplace discrimination. An example may be directing harmful jokes at a person for his or her sex, sexual orientation, race, national origin, religion, disability, pregnancy status, veteran status or age. Persistent bullying or physical harassment could be a sign of workplace discrimination.
  • Disparate treatment can be a workplace discrimination red flag. This is where an employer treats one group of workers differently than another group, such as treating men more favorably than women. Examples may include sparing one group of people from layoffs, or offering promotions to only specific groups while denying promotions to others in a protected group.
  • Some employers may run afoul of the law if they pass over potential employees for discriminatory reasons. Discriminatory hiring practices can be difficult to prove. We encourage you to contact us if you believe a company’s discriminatory hiring practices caused you harm.

Workplace discrimination is illegal under federal and state law. Depending on the circumstances, you may be able to file a claim or lawsuit against your employer.

Reporting Discrimination in the Workplace

You can report workplace discrimination in the workplace. It is recommended that you speak with one of our employment attorneys first.

Although you can report workplace discrimination to the California Department of Fair Employment and Housing (DFEH) or EEOC, there are no guarantees that your employer will not retaliate. Examples of retaliation may include pay cuts, more abuse, or even job termination.

Having evidence of discrimination beforehand can be helpful if you decide to pursue a claim. An attorney can help you protect evidence and can also assist during the claims process. Should more action be necessary, your employment attorney could file a lawsuit on your behalf.

How to Prove Discrimination in the Workplace

Evidence can take multiple forms in a discrimination case. Digital communications, such as text messages and emails, are a type of evidence in employment law cases. Communications can sometimes uncover the intentions behind a specific employment action, such as a hiring or firing decision. Direct evidence may also include written memos or notes. Circumstantial evidence taken as a whole may show discriminatory workplace practices.

Contact Our Los Angeles Employment Lawyers for a Free Consultation

Are you experiencing workplace discrimination or retaliation? Contact our Los Angeles employment lawyers for a free consultation. The attorneys at Kesluk, Silverstein, Jacob & Morrison, P.C. can explain your potential legal options. Call (310) 997-4431 or use the confidential contact form on our site.

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