On behalf of Sullivan Law Group APC posted in workplace discrimination on Wednesday, June 13, 2018.
In San Diego, most employers strive to create a working environment free from harassment and discrimination. Unfortunately, inequalities in the workplace can still occur and it’s often difficult for workers to identify when they are being discriminated against. Knowing the common signs of workplace discrimination is extremely useful in this regard, as it can give you the tools to identify when an issue is taking place.
According to WorkplaceFairness.org, discrimination is defined as unfair treatment towards a protected group based solely on their inclusion in said group. For instance, discriminating against someone due to sex, race, or country of origin is not permitted. Federal laws are also in place that offer protection to pregnant women, people with certain medical conditions, and older people (who may be viewed as incompetent simply due to their age).
Discriminatory practices are often subtle, which means you must employ different methods of proving that you’ve been subjected to unfair actions. The McDonnell-Douglas Test is one method which involves asking yourself questions such as whether you’re a member of a protected group, whether you had the qualifications necessary for a certain position, whether negative action was taken against you (such as being fired), and the status of the person who took over for you (i.e. was this persona member of a protected class).
Discrimination in the workplace can also take on numerous forms. Retaliation can occur when an employ engages in lawful conduct, like reporting a work hazard, and is punished for the action. There is also discriminatory treatment, which entails treating one employee worse than others based on their membership in a certain group. Lastly, any regulations with a disparate impact on one group in particular can be construed as discriminatory even if that was not the intent of the rule.