Being Treated Unfairly at Work? Do This!
Experiencing unfair treatment at work can be demoralizing, stressful, and may significantly impact your career and well-being. Unfortunately, unfair treatment in the workplace is not uncommon and can manifest in various forms, ranging from workplace discrimination (for gender identity, age, or national origin), to unjust workplace policies, or improper actions taken by employers. Understanding your legal rights and the protections available to you under California state and federal law is crucial when dealing with unfair workplace treatment.
Understanding Unfair Treatment and Legal Protections
Unfair treatment at work can encompass a broad range of behaviors and actions, some of which may be illegal under California employment law. It is important to distinguish between unfair treatment that is legally actionable and such unfair treatment that, while toxic, may not necessarily violate specific laws.
What Constitutes Unfair Treatment?
Unfair treatment in the workplace can include, but is not limited to:
- Job Discrimination: Unequal treatment based on protected characteristics such as race, gender, age, religion, national origin, disability, or sexual orientation.
- Workplace Harassment: Unwelcome behavior that creates a hostile work environment, including verbal abuse, physical threats, or unwanted sexual advances.
- Retaliation: Adverse actions taken against an employee for engaging in protected activities, such as filing a complaint about discrimination, unfair practices, or harassment.
- Unfair Disciplinary Actions: Being disciplined or terminated without just cause, or in a manner that is inconsistent with company policies or past practices.
- Inequitable Work Assignments: Receiving less favorable assignments, resources, or opportunities than others in similar positions without a legitimate reason.
- Wage Disparities: Being paid less than colleagues who perform the same job with similar qualifications and experience could also potentially be an issue.
Legal Protections Against Unfair Treatment
Several laws provide protections against specific types of unfair treatment in the workplace:
- Title VII of the Civil Rights Act of 1964: This federal law prohibits discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees.
- California Fair Employment and Housing Act (FEHA): FEHA provides broader protections than federal law and prohibits discrimination, harassment, and retaliation based on a wide range of protected characteristics. FEHA applies to employers with five or more employees.
- Age Discrimination in Employment Act (ADEA): Protects employees aged 40 and older from facing unfair treatment and age-based discrimination.
- Americans with Disabilities Act (ADA): Prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to reduce unfair treatment at work.
- Equal Pay Act: Requires that men and women in the same workplace be given equal pay for equal work.
- Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA): Protect employees who need to take leave for family or medical reasons from retaliation or unfair treatment.
- Whistleblower Protections: Various federal and state laws protect employees who report illegal activities or safety violations from retaliation.
It is important to note that not all unfair treatment is illegal. For example, favoritism, personality conflicts, or general unfairness that does not involve a protected characteristic or legally protected activity may not provide grounds for a legal claim. However, if the unfair treatment is related to a protected characteristic or involves retaliation for protected activities, speaking with an employment attorney, like the ones at Lawyers for Justice, PC (LFJ) may be a good idea.
Examples of Being Treated Unfairly At Work
To better understand what constitutes unfair treatment, here are some specific examples:
1. Discriminatory Hiring Practices
Imagine a qualified female candidate being passed over for a promotion in favor of a less qualified male colleague, simply because the employer believes men are more suited for leadership roles. This would be an example of gender discrimination, which is illegal under both federal and California law.
2. Hostile Work Environment
A hostile work environment occurs when unwelcome conduct based on a protected characteristic is so severe or pervasive that it creates an intimidating, hostile, or offensive work environment. For instance, if an employee is subjected to repeated racial slurs by coworkers and the employer, or human resources department, fails to address the situation. This could constitute a hostile work environment.
3. Retaliation for Filing a Complaint
An employee wants to report unfair treatment regarding sexual harassment. They file a complaint about sexual harassment and are subsequently demoted, denied a raise, or given poor performance reviews in retaliation for making the complaint. They may have grounds for a retaliation claim. Retaliation is illegal and is a common form of unfair treatment at work.
4. Unequal Pay for Equal Work
A female employee is not treated fairly; she performs the same job as her male colleagues, with the same qualifications and experience, but is paid less, may have a claim under the Equal Pay Act. Wage disparities based on gender are prohibited, and employers must ensure that employees performing the same work are paid equally.
5. Unreasonable Work Assignments
If an employer consistently assigns an employee of a certain race or ethnicity to less desirable tasks, or denies them opportunities for advancement without a legitimate reason, it could be considered discriminatory treatment. This could lead to a claim of discrimination under FEHA or Title VII.
How To Prove Unfair Treatment At Work
If you believe you have been treated improperly at work, take the following steps to protect your rights and pursue a claim if necessary.
1. Document the Unfair Treatment
The first step is to document the unfair treatment you are experiencing. Keep detailed records of incidents, including dates, times, locations, and any witnesses. Save any relevant emails, text messages, or other communications that support your claims. Documentation is critical when reporting unfair treatment or pursuing a claim; it provides evidence of the unfair treatment.
2. Review Company Policies
Familiarize yourself with your employer’s policies on discrimination, harassment, and other workplace issues. Review the procedures for reporting concerns and determine whether your employer has an internal complaint process. Following the company’s procedures can be important for keeping your rights.
3. Report the Unfair Treatment
If you feel comfortable doing so, report the unfair treatment to your supervisor, HR department, or another designated individual within your organization. Be sure to follow the company’s procedures for making a formal complaint (like drafting a formal complaint letter, for example). In some cases, reporting the issue internally may resolve the situation.
4. Seek Legal Advice
It may be beneficial to consult with an employment attorneys. An attorney can help you understand legal options, assess the strength of a case, and guide employees through the process of filing a claim. You may choose to file a lawsuit against your employer. An attorney can help you navigate the legal process and advocate for your rights in court.
5. File a Complaint with a Government Agency
If your employer does not address the unfair treatment, you could file a complaint with a government agency. For discrimination, harassment, or retaliation claims, employees can file a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
6. Know Time Limits
It is important to be aware of the time limits, or statutes of limitations, for filing claims. For example, discrimination claims under California law typically must be filed with the DFEH within one year of the alleged discriminatory act. Missing these deadlines can prevent you from pursuing your claim, so it is crucial to act promptly.
Can I Sue My Employer For Unfair Treatment – FAQ
how to report an employer for unfair treatment? Document every instance of improper behavior. When you have evidence, report unfair treatment to your HR Department, employer, or in some cases, an employment law attorney.
what happens when you complain to hr about your manager? If a worker faces adverse actions from making a complaint or being a whistleblower, they may have grounds for a retaliation case.
can i sue my employer for unfair treatment? If the improper treatment can be proven it was carried out because you were part of a protected class, you may be able to sue. If the behavior is toxic and evidence doesn’t support unfair treatment because of a protected class, it may be harder to prove.
what to do when your boss says hurtful things? Document the language, consider reporting to HR. It could be workplace bullying, but it could also be something more severe. If it is the latter, you may want to consult with an employment attorney.
how to report an abusive boss? Human resources is a great place to start so that the abuse is documented.
is favoritism in the workplace illegal? California law does not allow favoritism based on discriminatory motivations. For example, when supervisors reward employees based on their race, gender, religion, or other protected characteristic
what to do when your manager turns against you? Situations like this are complex. Employees have options. They could continue working while looking for alternative employment; they resign and consider pursuing constructive termination; or speak with their manager. A talk could lead to a mutually agreed departure and potentially severance pay or a settlement agreement. If a boss makes work so miserable that an employee is forced to quit, the employee could pursue constructive discharge.
how to deal with being fired unfairly? If you feel you were improperly fired, reach out to Lawyers for Justice, PC today for a free consultation.
can i sue for being singled out at work? If your boss is cranky and boisterous to everyone in the office, they may not be breaking the law. But, if your boss is singling you out and attacking you because of a protected characteristic, you may be able to sue.
can you sue for verbal abuse at work? Possibly. You need to prove that the verbal abuse violated the harassment standards established by the Equal Employment Opportunity Commission (EEOC).
what is it called when your manager treats you unfairly? It depends on the behavior, but it could be discrimination, or another type of workplace harassment. The lawyers at LFJ can help you decide the best course of action to take.
what to do about unfair treatment at work? Read our section on “how to prove unfair treatment at work”, above.
how to report mistreatment or favoritism at work? Document the behavior, bring it to HR or your boss so it is made known and there is a record, and if still unresolved, consider talking with an attorney.
should i tell hr i’m getting a lawyer? An employment attorney will guide you on best practices, including who and what to tell your place of employment regarding a potential lawsuit.
how to deal with unfair pay at work? If it can be proven that the unfair pay is because of discrimination, you might be able to pursue legal action.
my boss is not following company policy: Consider speaking to an employment lawyer to explore the best option for recourse. LFJ’s attorneys are standing by and will fight for your rights.