Discrimination in the workplace can take many forms, including unfair treatment based on race, gender, age, religion, disability, and other protected characteristics. If you believe you have experienced employment discrimination, taking the right steps to protect and advance your rights is crucial.
Here’s a guide on what to do if you find yourself in this situation.
1. Understand What Constitutes Employment Discrimination
Before taking action, it's essential to understand what constitutes employment discrimination. Discrimination occurs when an employer treats an employee or job applicant unfavorably due to characteristics such as:
- Race or Color
- Sex or Gender Identity
- Age (40 and older)
- Religion
- National Origin
- Disability
- Pregnancy
- Genetic Information
Discrimination can manifest in various aspects of employment, including hiring, firing, promotions, pay, job assignments, training, benefits, and other terms of employment.
2. Document Everything
Documentation is critical when dealing with employment discrimination. Keep detailed records of any discriminatory incidents, including:
- Dates and Times: Record when each incident occurred.
- Details of Incidents: Describe what happened, who was involved, and any witnesses.
- Communication: Save emails, text messages, or any written communication that supports your claim.
- Performance Reviews: Keep copies of performance evaluations, especially if they contradict discriminatory statements or actions.
Having comprehensive documentation strengthens your case and provides essential evidence if you need to file a complaint or lawsuit.
3. Report the Discrimination Internally
You may want to report your matter to a supervisor, HR department, or another designated individual so that the company is on notice regarding your complaint. In most circumstances, it is beneficial to have advice of legal counsel before you speak to the company about your complaint so you are aware of your legal rights. Once you make your complaint alleging discrimination, the company has a duty to investigate. Many companies have specific procedures for addressing discrimination complaints, which they are obligated to follow.
4. File a Complaint with the CRD/EEOC
Whether or not you report the discrimination internally, you can file a complaint with the State of California Civil Rights Department (CRD) or U.S. Equal Employment Opportunity Commission (EEOC). The CRD is responsible for enforcing California state laws against employment discrimination, and the EEOC is responsible for enforcing the federal laws.
Here’s how to file a complaint:
- Submit a Charge of Discrimination: For both agencies, you can file a charge online or by mail. For the CRD, you can also submit a complaint over the phone. For the EEOC, you can also submit in person. Provide all necessary information and documentation.
- Wait for Investigation: Unless you ask for a right-to-sue notice, the CRD/EEOC will in most circumstances investigate your complaint, which may involve contacting your employer, gathering additional information, and conducting interviews.
- Mediation and Resolution: In some cases, the CRD/EEOC may offer mediation to resolve the issue. If mediation fails, the CRD/EEOC may proceed with further investigation or litigation.
5. Consider Legal Action
At all stages, it is advisable to seek legal representation. An experienced employment attorney can guide you through the process, help you build a strong case, and advocate on your behalf.
6. Seek Support
Experiencing discrimination can be emotionally taxing. Seek support from trusted friends, family, or support groups. Counseling or therapy can also be beneficial in coping with the stress and emotional impact of discrimination.
Protect Your Rights: Call Us Today!
Taking action against employment discrimination is vital to protect your rights and promote a fair workplace. If you believe you have experienced discrimination, don't navigate this challenging situation alone. Our experienced legal team at Hadsell Stormer Renick & Dai LLP is here to help.
Call us today at (626) 775-7870 to learn more.