Workplace discrimination is a widespread issue that affects many organizations, and California businesses are no exception. In 2021, workers in California submitted almost 4,000 employment discrimination complaints to the Equal Employment Opportunity Commission (“EEOC”), ranking it as the third-highest state in the United States for discrimination complaints. Discrimination in the workplace harms not only targeted employees but also those who witness the discrimination. This blog post will explore how to identify and address discrimination to promote a safe and inclusive workplace.
Recognize the Signs of Discrimination
The first step in addressing discrimination in the workplace is recognizing the signs. Some common signs of discrimination include being treated unfairly, being excluded from conversations, being denied promotions or opportunities, being denied accommodations for a disability, and experiencing negative comments or jokes.
Here are some examples of workplace discrimination cases that have been reported in the news: (1) former employees at Tesla filed a lawsuit against the company stating they were subjected to racial slurs, threats, and retaliation; (2) the EEOC filed a lawsuit against Walmart, alleging that the retail giant discriminated against pregnant employees by failing to provide them with reasonable accommodations; and (3) the Department of Labor filed a lawsuit against Oracle, alleging that the technology company paid female employees less than male employees and discriminated against non-Asian minority job applicants.
If you believe you have experienced or witnessed discrimination, keeping relevant records and documenting the conduct is important. This includes saving discriminatory emails, text messages, or other written communications and reporting the discrimination to management or human resources (discussed in more detail below).
Know Your Rights
Understanding your legal rights when it comes to workplace discrimination is essential. Under state and federal laws, it is illegal for an employer to discriminate (treat differently or less favorably) against a job applicant or employee based on several characteristics, including age, race, color, gender, religion, disability, national origin, and sex (including pregnancy, sexual orientation, and gender identity). If you believe your employer has discriminated against you, you have the right to file a complaint with your employer. You may also file a complaint with the EEOC or California Civil Rights Department.
Speak Up
If you experience or witness discrimination in the workplace, it is important to speak up. Although speaking out against discrimination can be scary, it is necessary to create a more inclusive, diverse, and safe workplace.
For example, in November 2018, Google employees organized protests in more than 20 offices worldwide to challenge the company’s handling of sexual harassment claims against high-level executives. The walkout was sparked by a New York Times article that detailed a $90 million payout to Android co-founder Andy Rubin after he was accused of sexual misconduct. The employees demanded various changes, including more transparency around harassment claims, the elimination of forced arbitration agreements, and a commitment to gender and racial diversity in hiring and leadership. Following the walkout, Google made several changes to its policies, including ending forced arbitration and releasing an annual report on misconduct claims and investigations.
To effect change in your company, report any instances of discrimination to your supervisor, HR department, or a higher authority. The best way to report discrimination is in writing. This ensures that there is a record of your complaint. If asked to participate in a meeting to discuss your complaint further, participate in good faith. After the meeting, follow up with an email summarizing what was said by all parties.
Seek Legal Assistance
If you’ve experienced workplace discrimination and your employer has not taken appropriate action, it may be time to seek legal assistance. An experienced employment lawyer can help you understand your legal rights and options. They can also assist you with filing a complaint with a government agency or a lawsuit against your employer.
Conclusion
Discrimination can have a profound impact on individuals and the workplace as a whole. As such, it is important to recognize the signs of discrimination, know your legal rights, speak up, and seek legal assistance if necessary. By taking these steps, we can work to create a workplace that is safe, inclusive, and respectful for all employees.
For more information on workplace discrimination, take a look at my practice areas, which include a discussion on disability and pregnancy discrimination.
