How to handle discrimination and harassment in the workplace
Do you feel like you are being treated unfairly or differently from other employees at your workplace? Are you feeling emotionally or mentally drained from perpetual harassment at work?
Workplace discrimination and harassment can not only be offensive, and demeaning, but they also can have adverse effects on work and productivity. Employees who are actively discriminated against or harassed may experience severe anxiety, stress, depression, guilt, and even shame.
It is important to know that under Californian law, most forms of workplace discrimination and harassment is illegal. This means that employees who have become a victim of workplace discrimination and harassment can protect themselves and seek justice by taking legal action against their employer for damages.
In this article, we will show you how you can handle discrimination and harassment in your workplace and bring you one step closer to getting justice. But before we dive into that, let’s define what exactly workplace discrimination and harassment are.
What is workplace discrimination and harassment?
As a beginning point, it is important to note that although discrimination and harassment are often used interchangeably, they are not the same.
Workplace discrimination is the unfair treatment of an individual based on their affiliation to a protected category or group, such as gender, race, or nationality. This could be based on a person’s age, sex, religion, pregnancy, or disabilities.
Workplace harassment, on the other hand, is inappropriate conduct or behavior inflicted on an individual that causes some emotional, mental, or physical suffering. Both workplace discrimination and harassment can happen between two employees or between an employer and employee. It is important to note that conduct may be viewed as inappropriate, but at the same time not be illegal.
Let’s look at some common forms of workplace discrimination and harassment. Please keep in mind that these are merely examples provided for illustration. Discrimination and harassment can take many forms and occur in a variety of circumstances. That’s why it’s crucial that you consult an attorney to discuss your particular circumstances
Forms of workplace discrimination
Gender/ sex discrimination
This form of discrimination is based on a person’s gender. For example, a female employee receiving significantly lower pay than male employees for doing the exact same job. Another example of sex discrimination in the workplace could be not hiring a woman despite her obvious qualifications solely because she is a woman or is “too feminine” for the job.
Pregnancy discrimination
When we consider pregnancy and the workplace, an example of discrimination could be a woman being fired or demoted for being pregnant. It could also take the form of wrongful termination after maternity leave. Discriminating against a woman who needs to breastfeed or pump is also considered a form of pregnancy discrimination.
California has enacted a number of laws to protect pregnant employees. For example, under the Fair Employment and Housing Act (FEHA), pregnant workers are protected from any form of discrimination or harassment based on pregnancy. This law against pregnancy discrimination also requires that employers get reasonable accommodations for women who may have physical limitations because of their pregnancy.
As with other forms of discrimination, pregnancy discrimination may be subtle and therefore, difficult to detect. However, if you believe you are experiencing any forms of pregnancy discrimination, it is important to talk to an attorney immediately to find out about your rights.
Racial discrimination
This form of discrimination is based on a person’s race and is considered illegal under the law. You might be experiencing racial discrimination if you are faced with certain policies that have a negative effect on ethnic or racial minorities in your workplace. For example, policies that do not accommodate dreadlocks or only require that women have straightened hair may be discriminatory.
Forms of workplace harassment
Sexual harassment
Sexual harassment is an inappropriate and unwelcome sexual conduct towards an individual in the workplace. For example, let's consider the sexual harassment of women at the workplace. A male employer may make unwanted sexual advances toward a female employee using sexually suggestive images, videos, and emails in exchange for a promotion.
While sexual harassment toward women is more common, it can and does also involve men. If you are facing any form of sexual harassment, you can speak to a Los Angeles sexual harassment attorney right away.
Verbal harassment
Name-calling, yelling insults and belittling people are only some examples of verbal harassment. Also, verbal harassment can amount to other forms of harassment like racial or sexual harassment. For example, an employer may sexually harass an employee using sexually derogatory statements.
Retaliatory harassment
This is a form of workplace harassment that happens when an employer “punishes” or retaliates against an employee for pursuing a lawful activity or exercising his or her legal rights such as filing a lawsuit or even reporting illegal activity by company employees and/or officers. This can take the form of a retaliatory termination of employment, salary reduction, demotion or something as subtle as an instant job shift or reassignment. If you have a case of wrongful job termination or any form of retaliatory harassment, you can speak with a Los Angeles wrongful termination attorney. If proven in court, it can result in disciplinary action.
What to do if you’re experiencing harassment or discrimination at the workplace
Workplace discrimination can be mentally and emotionally draining. However, to get the justice you deserve, there are small but significant steps you can take. These include the following, among others.
Address your case logically
Make your employer/employee aware
Keep records of events
Find witnesses
Get your company’s anti-discrimination policy
Address your case logically
Discrimination and harassment can make even the most rational person very emotional, depressed, and defeated. However, it is important to approach these situations in the most logical way possible. If you find it difficult to approach it logically, you can seek the assistance of an attorney to guide you through the process.
Make your employer/employee aware
Make it clear to the employer or employee that their conduct is unacceptable. Rarely will they readily admit to discrimination or harassment? However, your employer has the responsibility to protect their employees and ensure they do not go through any form of discrimination or harassment.
Keep records of the event(s)
It is important to document as much as possible and keep records of any offending events or behaviors. Keeping contemporaneous notes of any offensive behavior made towards you can be valuable not only to assure an accurate accounting of the behavior or event but as evidence if need be later. Write the details of the incident including the date and time. Be as specific and detailed.
For example, your note should include something like this:
“On October 9th, 2020, I was standing by a coffee machine, and my supervisor, Robert Clarks brushed up against me and grabbed my buttocks.”
Also, take screenshots of emails and text messages. Save any materials including pictures or tapes. These could work as invaluable evidence in court.
Find witnesses
You may have some coworkers who may have witnessed a display of this inappropriate behavior at some point. You can write down their accounts of the event and also request that they be a witness. Keep in mind that coworkers may feel uncomfortable being involved in disputes with their employer or with supervisors. It may be a sensitive subject and therefore, you should approach it with care.
Get your company's anti-discrimination policy
Most companies have an anti-discrimination policy that may have been put in writing. To the extent, one exists and/or is documented, be sure to keep a copy of it as this could be important later.
Get Legal Assistance
Dealing with discrimination and harassment is incredibly overwhelming. You may feel trapped since you have to be at work every day. However, you don't need to handle this alone. It will work to your benefit to get in touch with an attorney who can diagnose your case, proffer legal solutions and guide you towards getting compensation.