Despite strong laws, many California workers face job discrimination. Employees should never be discriminated against by age, gender, race, sexual orientation, or handicap. Some companies conceal employment discrimination at work, making it impossible for workers to enforce their rights. Understanding how your organization may hide prejudice might help you protect your rights and act. This article discusses how companies hide job discrimination, what to look for, and how to fight back with an expert employment discrimination attorney.
Understanding California Discrimination in Workplace
Define California employment discrimination in the workplace before examining how corporations can hide it. FEHA prohibits discrimination based on race, color, national origin, ancestry, religion, age, disability, medical condition, genetic information, marital status, sexual orientation, gender, gender identity, gender expression, and other protected categories. The California legislation protects workers from discrimination in most organizations with five or more employees. The FEHA prohibits retaliation against employees who file complaints or engage in discrimination, harassment, or retaliation investigations.
Legal Protections Against Discrimination Workplace
Larger companies can hide employee discrimination in several ways. The main ways to mask workplace bias are:
- Discrimination “Performance Issues”: Employers may recast prejudice as performance issues. For instance, an employer may fire or demote an employee for “poor performance,” even if their protected attribute includes race, gender, or disability. If performance leads to demotion, termination, or disciplinary, review an employee’s work history. A sudden drop in performance or work obligations may suggest discrimination. If the person performed well before the adjustment, discrimination may have occurred.
- Faking Job Descriptions or Records: Employee records are also manipulated to hide bias. Employers can alter performance reviews, job descriptions, and other documentation to justify demotion, dismissal, or other adverse employment action. An employee with always high evaluations may have a “bad” review before being demoted or fired, even if the performance issues are false. Employees should keep emails, written assessments, and other records of their triumphs and work history to avoid such attacks. Altering data after the fact could prove discrimination.
- Justification for Pay or Promotion: Pretextual pay or promotion decisions can hide employment bias. When biased, they may state that “lack of experience” or “insufficient qualifications” prevents a promotion or raise. In these circumstances, a professional performance, education, and experience record can protect you. Discrimination that denies you a promotion or raise may be illegal.
- Protecting “at-will” jobs: California is an “at-will” state, thus employers can fire workers for any reason except discrimination at the workplace. Some companies abuse this idea by firing or demoting people for vague reasons. They may say the employee “wasn’t a good fit” or “business needs have changed.” California allows this legal gray area, but employees who suspect discrimination can challenge the employer’s illegal choice. An experienced employment discrimination attorney can help determine if your termination or other negative action was biased.
- Using General or Ambiguous Language in Company Policies: To mask bias, companies use wide policies to fire or discipline individuals without much examination. An employer may have an ambiguous attendance policy that doesn’t identify an “acceptable” reason for time off but selectively enforces it against some employees based on race, gender, or disability. Note how your company applies inaccurate or selective policies across staff. Discrimination often results from inconsistent policy application.
- Discrimination Report/Complaint Retaliation: Employers also hide discrimination with retaliation. Employees who report workplace prejudice may be unfairly disciplined, transferred, or fired. Employers may dismiss these retaliatory tactics as unrelated to the complaint or filing. If your California complaint results in adverse work consequences, document everything and contact an attorney immediately. Employment discrimination cases can be strengthened by retaliation, which can be equally destructive.
- Uneven workload or duties: Giving some employees more or tougher labor while claiming job distribution is random or based on company needs might disguise discrimination. The employment discrimination attorney may target protected traits if some employees are routinely given unappealing tasks. In such cases, tracking and comparing workloads with coworkers helps. When it affects employees based on race, gender, or other protected characteristics, work inconsistency may imply employer discrimination.
Conclusion
Some companies hide or downplay work discrimination, which is serious. Learn how companies hide prejudice to be more vigilant and ready to help victims. If you suspect your company is disguising bias, contact an experienced employment discrimination attorney. An expert employment discrimination attorney can help you gather evidence, comprehend complex employment laws, and get justice and compensation. An expert employment discrimination attorney can help you fight for your rights and make your employer accountable for workplace discrimination. As a leading employment law firm, Mercer Legal Group offers the best employment discrimination attorneys who have handled a wide range of cases. Get in touch with us today at (818) 538-3458!
