What Are the Different Types of Employment Discrimination?
An Orange County employment attorney provides representation to companies to help businesses reduce the chances they will be sued for violations of various worker protection laws. There are many laws on the state and federal level that protect employees and hold companies accountable for any damages workers incur. It is imperative that your business understand the rules and regulations so you do not find yourself facing a lawsuit. This can be especially important when it comes to anti-discrimination laws, because a lawsuit could be expensive and could do serious damage to your brand.
Brown & Charbonneau, LLP has worked with many business organizations to understand and comply with anti-discrimination legislation on the federal level and on the state level. We have also provided representation to employees who want to assert their rights and obtain compensation when they were victimized by unlawful discrimination.
You should give us a call to find out how an Orange County employment attorney at our firm can help you, whether you are a business owner concerned about a discrimination claim or a worker who needs to make a case for compensation for damages caused by discrimination.
Different Types of Employment Discrimination
Many types of discrimination are illegal in California. Discrimination broadly involves treating someone differently because of his or her protected status. There are certain characteristics which employers are not permitted to consider when making employment decisions, and if an employer unlawfully treats someone differently as a result of any of these protected characteristics, the employer has violated anti-discrimination laws.
For example, employers are not allowed to make any workplace decisions based on your race, religion, national origin, color, disability status, advanced age, sexual orientation, gender identity or expression, genetic information, or military and veteran status. The California Department of Fair Housing and Employment provides a list of all of the different categories and classes of workers who are given protection from discrimination under state and federal laws.
The law is also clear that any type of discriminatory or harassing behavior is prohibited. While most employers know, for example, that they cannot fire or refuse to hire someone because of that person’s protected status or cannot promise someone promotions in exchange for putting up with sexual harassment, protections against discrimination go beyond that type of overt discriminatory action. Some of the other types of employment discrimination that are considered unlawful include:
- Disparate impact discrimination: Disparate impact discrimination occurs when a facially neutral employment requirement – like a mandate you pass a specific test before being hired – has the effect of disqualifying more people of a protected class. There must be a bona fide reason for the mandate if it has a discriminatory effect.
- Hostile work environment discrimination: Hostile work environment discrimination occurs when a worker is made to feel uncomfortable or unsafe in the workplace because of his protected status. If a religious person is constantly teased about his religious attire, for example, this could be hostile work environment discrimination.
- Failure to make reasonable accommodations: Employers must make reasonable accommodations to allow for religious workers to practice their religion. They also must make reasonable accommodations to make it possible for a disabled person to work in a job for which he is qualified.
Brown & Charbonneau, LLP can help you to make sure your company does not become legally liable for any of these different types of employment discrimination. Employment discrimination claims are costly and a lawsuit based on discrimination is damaging to your business, so you want to ensure that you have policies and protocols in place to prevent a successful claim of discrimination.
Getting Help from an Orange County Employment Attorney
An Orange County employment attorney at Brown & Charbonneau, LLP can work closely with you to understand your rights and obligations as an employer or as an employee. We know California and federal immigration laws inside and out and we can provide the advice you need on avoiding a discrimination claim, responding to a case against your business for discrimination, or bringing a claim because you believe your rights were violated.
To find out more about how our firm can help you, give us a call at (866)237-8129 or contact us online at any time.