Unfair Treatment at Work

Not all unfair treatment at work is illegal. However, workplace bullying or unfair treatment can be unlawful if it constitutes harassment, discrimination, or any other illicit behavior. It’s fairly common in the workplace for a boss to treat one employee differently from another. Differential treatment can be lawful when it’s not based on a protected characteristic such as race, age, religion, gender identity, sexual orientation, or disability status.

Remember, an employee who is a victim of unfair treatment at work should contact Lawyers for Justice, PC for a free case evaluation.

Unfair Treatment at Work

Employers usually have the right to treat employees however they choose, based on their merits or non-protected characteristics. If one employee outperforms another employee, the employer may be within their rights to promote or give a raise to whomever they choose.

Unfair treatment in the workplace can create a toxic work environment, which may cause negative consequences for the employees. If employees feel that they are not valued for their time or are treated differently from their coworkers, they may be less productive overall.

What is considered unfair treatment in the workplace? Unfair treatment in the workplace can take many forms.

• Signs of unfair treatment at work often include being consistently overlooked for promotions despite strong performance, or being held to different standards than coworkers.
• Sudden changes in job duties, hours, or performance reviews without explanation may also indicate biased or retaliatory behavior.
• Isolation from team activities or exclusion from important meetings can signal a toxic or discriminatory environment.
• Repeated denial of time off or discipline for minor issues while others are not held accountable, may also reflect unequal treatment.

When Does Unfair Treatment Become Illegal?

Not every instance of unfair treatment is against the law. The California Fair Employment and Housing Act (FEHA) is one California law that can protect workers against workplace injustice. There is a wide variety of behaviors that can constitute workplace inequity. In order for the treatment to become illegal under FEHA, there are several factors to be considered.

• The unfair treatment must be due to a protected characteristic such as race, gender identity, sexual orientation, genetic information, religion, age discrimination, or other protected characteristics.
• The injustice must be ongoing and severe in nature, such that it persists despite complaints and other reasonable attempts to cease the behavior.
• The unfair treatment must be interfering with an employee’s ability to perform their job functions.
• The treatment must appear unfair to a reasonable person.

Any worker who experiences treatment described in the categories above could be a victim of behavior that is legally actionable.

Examples of Being Treated Unfairly At Work

1. Unequal Pay for Equal Work: An employee discovers that a colleague in the same role, with similar experience and responsibilities, is earning a significantly higher salary. Despite repeated efforts to raise the issue with management, no explanation or adjustment is offered. Pay disparity can indicate wage discrimination based on gender, race, national origin, or other protected traits.

2. Retaliation After Reporting Harassment: After filing a formal complaint about offensive comments or inappropriate jokes from a supervisor, an employee begins to experience retaliation. Their schedule is suddenly changed to less desirable shifts, key duties are taken away, and they are excluded from meetings. Instead of addressing the harassment, management chooses to isolate the complainant, making the work environment even more hostile.

3. Being Singled Out for Discipline: Two employees arrive late on the same day. One is given a verbal warning, while the other receives a written reprimand and is placed on a performance improvement plan. The disciplined employee has noticed a pattern of being held to stricter standards compared to other workers, especially after disclosing a medical condition. Varied disciplinary action could reflect unfair or discriminatory enforcement of company policies.

How to Document Unfair Treatment

If an employee experiences unfair treatment at work, one of the most important steps they can take is to document everything. A detailed, well-organized record can make all the difference if they decide to file a complaint or pursue legal action.

Some employees may find it helpful to keep a private log, either in a notebook or a secure digital file, where they record every incident of mistreatment. Note the date, time, location, and exactly what happened, including the names of anyone involved or who witnessed the event. Be as objective and specific as possible.

Save emails, text messages, performance reviews, or written communications that support the case. If conversations happen in person, employees should follow up with a summary email to their supervisor or HR to create a paper trail. Workers should also keep records of their work performance, schedule changes, denied requests, or disciplinary actions that they feel are inconsistent or targeted.

The more evidence an employee collects, the stronger their position will be if they need to prove a pattern of unfair treatment later on.

How to Report Unfair Treatment

When unfair treatment occurs in the workplace, it’s important to report the incident in a clear and professional manner. The first step is typically to consult the company’s employee handbook or employer’s policies, which often outline the proper channels for lodging complaints. Most employers require that concerns be reported to a direct supervisor, manager, or a designated human resources representative.

All reports should be made in writing whenever possible. A written complaint can create a formal record and help establish a timeline. The report should include specific details: dates, locations, individuals involved, and a description of the unfair behavior.

If internal reporting does not resolve the issue or if the company fails to take action, it may become necessary to file a complaint with a government agency or talk to an employment lawyer. The California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC) handles workplace discrimination and retaliation complaints. Filing a complaint about unwelcome conduct through government agencies may open the door to legal remedies if internal efforts prove ineffective. It can be tedious to file with a government agency, so often the quickest path can be to talk to a powerhouse employment law firm like Lawyers for Justice, PC.

Acting promptly and maintaining professionalism throughout the reporting process can be a difference maker to building a strong case and protecting one’s rights.

Can You Sue for Unfair Treatment at Work?

Yes, legal action may be possible if unfair treatment at work involves violations of employment laws. While not every act of mistreatment is illegal, behavior based on discrimination, harassment, retaliation, or violations of wage and hour laws may provide grounds for a lawsuit. For example, if a worker is treated unfairly because of race, gender, age, disability, or for reporting misconduct, that conduct may be a violation of state or federal labor protections.

A strong employment attorney can help evaluate whether the unfair treatment meets the legal threshold and guide the process of building a strong case.

When Should You Contact an Employment Lawyer?

It’s usually best to contact an attorney whenever an employee suspects unfair treatment. For example, if complaints are disregarded, or the worker is retaliated against after the complaint. An attorney can help assess whether workplace conduct crosses legal boundaries, such as discrimination, harassment, wrongful termination, or wage violations. Any worker who has experienced mistreatment may find legal counsel helpful. Legal advice may also be useful when HR fails to take complaints seriously or when retaliation follows after a report is made. Any worker who is terminated after filing a complaint should seriously consider contacting an employment lawyer, as they may be a victim of wrongful termination.

Contacting an employment lawyer may be critical before signing any severance agreement, settlement offer, or waiver of legal rights. An attorney can explain the consequences of signing and negotiate better terms if necessary. Early legal guidance can make a major difference in how strong a case becomes and how quickly it gets resolved.

Unfair Treatment at Work – FAQ

How to talk to HR about unfair treatment: Prepare specific examples of the unfair treatment, including dates, people involved, and any supporting documentation. Remain professional and stick to the facts when presenting the issue, focusing on how it has impacted work performance, morale, or the workplace environment.

Can you sue a company for an employee harassing you? Yes, it’s possible to sue a company if an employee’s harassment is severe and the employer fails to prevent or address it. Employers can be held liable if they knew, or should have known, about the harassment and did not take proper steps to stop it.

How to sue a company for unfair treatment: To sue a company for unfair treatment, start by contacting a law firm like Lawyers for Justice, PC. Working with an employment lawyer can help workers understand their legal options and ensure deadlines are met and the case is presented effectively.

What should you do if you feel that someone is being treated unfairly in your workplace? If unfair treatment is witnessed in the workplace, it should be documented in detail, including dates, actions, and any communication involved. The issue can then be reported to a supervisor or HR department, following the company’s internal complaint procedures. Supporting a coworker by encouraging them to speak up or seek legal advice may also be helpful. Taking action helps create a safer and more respectful work environment for everyone.

What can I do if HR doesn’t help? If HR doesn’t help, consider talking to a law firm like Lawyers for Justice, PC. A strong employment lawyer can guide employees through the legal process and help workers understand their rights.

Should I tell HR I’m getting a lawyer? It’s often best to speak with the lawyer first before making any statements. Telling HR can help lead to a faster resolution, but it could also harm the case. An attorney can advise on timing and strategy to avoid saying anything that could harm the case.

What to do when facing an unfair workload? Start by documenting the tasks, hours worked, and how the workload compares to that of colleagues in similar roles. Then, bring the issue to a supervisor or HR with specific examples. If the situation doesn’t improve or leads to retaliation, it may be necessary to speak with an employment attorney. An ongoing pattern of unequal or excessive work assignments could point to discrimination or other unfair work practices.