What should I do if I am facing discrimination in the workplace in California?
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If an employee in California is facing discrimination in the workplace, they should take immediate action to protect their rights. The first step is to identify the type of discrimination they are facing. Discrimination in the workplace is prohibited under both federal and state law and refers to adverse actions taken by an employer based on a protected characteristic, such as race, color, religion, national origin, age, gender, sexual orientation, or disability.
Once the type of discrimination is identified, the employee should report it to their employer or HR representative. If the employer fails to take action or if the discrimination continues, the employee should file a complaint with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC) within the applicable statute of limitations. The statute of limitations for filing a complaint with the DFEH is one year from the date of the last discriminatory act, while the statute of limitations for filing a complaint with the EEOC is 300 days.
It is important to note that California law provides additional protections against workplace discrimination that are not covered under federal law, such as protections against discrimination based on gender identity, gender expression, and marital status. Additionally, California employers are required to provide reasonable accommodations to employees with disabilities and must engage in a good-faith interactive process with the employee to identify and provide appropriate accommodations.
If an employee believes they have been retaliated against for reporting workplace discrimination or filing a complaint with the DFEH or EEOC, they may also have a claim for retaliation. Retaliation is prohibited under both federal and state law and involves adverse actions taken by an employer against an employee who engages in protected activity under the law.
In order to protect their rights and pursue a claim for workplace discrimination or retaliation, it is highly advisable for the employee to consult with an experienced employment attorney. An attorney can provide guidance on the specific steps that should be taken based on the individual circumstances of the case and can represent the employee in negotiating a settlement or pursuing legal action in court, if necessary.
