Discrimination can take on many different forms, both indirect and direct, and can occur in any environment. In the workplace, employment discrimination can occur even before a person works for an organization or company. Both employees and job applicants can be treated unfairly due to race, skin color, national origin, gender, disability, religion, or age. This type of treatment is illegal in any facet of employment, and if you believe you were treated unfairly for any of these reasons, it is crucial to seek legal representation as soon as possible to ensure your rights are protected.
What Is Workplace Discrimination?
Discrimination in the workplace occurs when someone is adversely discriminated against based on one or more factors. Employees and job applicants might experience discrimination based on pregnancy, disabilities, genetic information, or their relationship with another person. Examples of employment discrimination include:
- Suggesting or stating a desire for traits in a job advertisement that are unrelated to a potential employee’s qualifications or ability to perform the expected duties
- Excluding certain employees during recruitment for reasons unrelated to their job skills
- Denying certain employees benefits or compensation
- Paying a different salary to an equally qualified candidate forming the same duties
- Discriminating when assigning maternity leave, disability, or when providing retirement options
- Discriminatory treatment when laying off or promoting employees
Types of Discrimination
As mentioned above, an employer can discriminate against an employee or a job applicant in many ways. Some of these include:
- Age Discrimination: Employers are prohibited from specifying a preference for age in job advertisements. Employees, regardless of age, must receive the same benefits.
- Religious Discrimination: Employers are must reasonably accommodate their employees' religious beliefs as long as doing so will not excessively negative affect the employer.
- Gender Discrimination: Men and women of the same qualifications, skill level, responsibility, and position must receive equal pay.
- Pregnancy-Based Discrimination: Discrimination based on pregnancy is also illegal and employers must handle the issue of pregnancy as they would handle a temporary illness or other non-permanent condition that calls for special consideration.
- Hostile Work Environment: Hostile work environments exist when harassment or discrimination prevents or interferes with an employee’s ability to perform his or her job duties or creates an offensive environment for an employee or group of employees.
Workplace Discrimination Attorney in the Bay Area
If you believe you were discriminated against by an employer or prospective employer based on any number of personally identifying factors, you have the right to take legal action against that employer and obtain the justice you deserve. At Habbas & Associates, our San Jose legal team has over 200 years of combined experience in several areas of practice. We will diligently fight for you to ensure your rights are protected.
For the representation you need, contact our firm today at (888) 387-4053 to schedule a free initial consultation with a knowledgeable member of our team.