Orange County Employment
Over the past few decades, the United States and California have passed several laws banning employment discrimination. However, the problem still rears its ugly head in thousands of workplaces each year, as employers mistreat employees based on the color of their skin, where they’re from, who they love, their real or perceived gender, the way they worship and much more. When this occurs, it could be necessary to contact an Orange County employment discrimination attorney for legal help.
What is Employment Discrimination?
Employment discrimination occurs when employers demonstrate bias against employees or job applicants because they are part of a certain protected class. However, this type of behavior is prohibited by both federal and state laws.
Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating based on color, race, religion, sex, or national origin. Meanwhile, the Americans with Disabilities Act, the Age Discrimination Act, and the Genetic Information Nondiscrimination Act explicitly prohibit discrimination based on disability, age, or genetic information. In addition, the Equal Employment Opportunity Commission, the agency that enforces federal employment discrimination laws, has taken the position that the gender-based protections outlined in the Civil Rights Act also protect employees from discrimination based on their sexual orientation and gender identity. In addition, California’s Fair Employment and Housing Act, known as FEHA, protects California employees from discrimination based on race, religion, gender, disability, sexual orientation, veteran status, and age.
What Are Employment Discrimination Statistics?
In 2018, the EEOC received 76,418 charges of employment discrimination. The most common type of discrimination was employer retaliation, accounting for 51.6% of all charges filed. The next most common types of discrimination were sex, race, and disability.
Studies have shown that around one-third of American employees experience some form of race-related discrimination while on the job. Meanwhile, a 2018 survey found that 81% of women have experienced workplace sexual harassment at some point in their careers.
What’s the Difference Between Discrimination and Harassment?
Harassment is a form of employment discrimination that involves unwelcome conduct aimed at an employee’s race, color, religion, sex, pregnancy, national origin, disability, age, or genetic information. To be considered unlawful, enduring the harassment must be made a condition of gaining or maintaining employment, and it be severe and sustained enough to create a hostile work environment.
Examples of unlawful harassment include:
- Offensive jokes, slurs or epithets
- Verbal threats and intimidation
- Physical assaults
- Ridicule or mockery
- Offensive photos, illustrations or objects
- Retaliating against employees who file discrimination complaints
Perpetrators of harassment can include an employee’s supervisor, a supervisor from another department, a co-worker, a non-employee, or an agent of the employer. Victims of harassment may include the subject of the harassment as well as employees who witness or are impacted by the behavior.
Victims of workplace harassment may find relief by consulting with an employment discrimination attorney about their case.
Types of Employment Discrimination
1. Age discrimination involves the mistreatment of employees or job applicants because of their age. An example of this type of discrimination could include refusing to hire or promote older employees in favor of younger ones. Federal and California laws protect individuals over the age of 40 from this type of discrimination.
2. Disability discrimination involves biased behavior against employees with disabilities or perceived disabilities. An example of this behavior could be refusing to provide reasonable workplace accommodations or medical leave to an employee with a disability or chronic illness.
3. Equal pay discrimination occurs when employers pay employees different wages for comparable work because of their sex, color, or inclusion in any other protected class. For example, it is illegal to pay unequal wages to women and men who perform the same work.
4. Genetic discrimination involves treating employees unfavorably because they have a gene mutation that increases their risk of certain health conditions. For instance, it is unlawful to fire a woman for having mutations to the BRCA1 gene, which could mean she has an elevated risk of developing breast cancer.
5. Harassment/sexual harassment is the hostile or abusive treatment of employees because of their gender, race, or inclusion in any other protected class. An example of harassment could include a manager who makes unwanted sexual advances toward an employee who works under him or her.
6. National origin discrimination involves unfavorable treatment toward employees because of their nationality or place of birth. For example, it is unlawful for employers to refuse to hire someone simply because he or she has an accent.
7. Pregnancy discrimination involves mistreatment of employees due to pregnancy. An example of this behavior could include eliminating an employee’s job when she is on maternity leave.
8. Race or color discrimination involves poor treatment of employees because of the color of their skin. For instance, it is illegal to refuse to hire someone solely because he or she is African American.
9. Religious discrimination involves the discriminatory treatment of employees based on their religion. An example of this behavior might include harassing an employee because he or she is Jewish, Hindu, or Muslim.
10. Retaliation occurs when employers take negative action against employees who file discrimination complaints or participate in discrimination investigations. For example, it is illegal to fire or deny a promotion to an employee simply because he or she filed a discrimination complaint with the EEOC.
11. Sex discrimination happens when employees are treated unfairly because of their sex, gender, or perceived gender. An example of this type of discrimination could include firing a transgender employee who starts to transition.
Do I need to hire an employment discrimination lawyer?
Orange County residents who suffer employment discrimination could turn to an employment discrimination lawyer for advice. After reviewing the case, legal counsel could help gather supporting evidence, build a compelling case, and push for the maximum financial settlement possible.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
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A Review of Rizio Lipinsky
Orange County Employment Discrimination Lawyer
When I was discriminated and denied a job for being pregnant, I was devastated, overwhelmed, mad and hurt. When I met with Mr. Lipinsky he let me know it was going to be ok, any questions or concerns he answered right away. He made me feel like a friend not just a client, someone I can talk to and would listen. He really looks for your best interest at heart. I looked around for other lawyers before finding Mr. Lipinsky, and he was the only one that truly explained everything to me in detail and spoke to me with the truth with anything and everything dealing with my case. With Mr. Lipinsky you don't only have a lawyer that will fight for what is entitled to you, but a friend that lets you know its ok and things like this happen to the best of us.