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Everything You Need to Know About Racial Discrimination in the Workplace

Did you know that it’s illegal in the state of California for an employer to have discrimination toward an individual because of their ethnic background? People that are harassed or discriminated against an employee based on race could make a claim in opposition to his or her boss for the damages done.

1. Could a California employer decline to bring on an individual because of his or her ethnicity?

No, a business owner in California can’t decline to bring on an individual due to his or her ethnic background. Employment discrimination because of an individual’s race is a It is illegal in the state of California to discriminate in workplace because of an individual’s ethnicity.

It is not legal for a the business owner with five or more workers to single out a person based on ethnicity as seen under the California Fair Employment and Housing Act .

2. How can you discriminate against ethnic background?

Race discrimination usually occurs when you behave towards a person in a different manner than other due to the place she or she was born in, how he or she looks, or their race. Color, race and ethnicity could mean various things to different people. There is oftentimes a ton of overlap. But it is illegal in California to discriminate based on color, race or ethnicity.

Racial discrimination could also be incorporated with national origin discrimination. This happens when the employer treats a worker or job candidate badly because he or she comes from a certain nation or comes off as a certain ethnicity.

Ethnic background can be linked to cultural aspects based on where he or she grew up or where his or her relatives came from. This is the same as the definition of national origin under California law. National origin refers to a person’s place of birth or original heritage. The laws against race discrimination are not only limited to employers. These laws also apply to labor organizations and unions. These are prohibited from expelling, excluding or restricting membership to an individual based on color or race.

Assumed Ethnic Background

Race discrimination in the workplace is not legal even if the individual has made an error about the victim’s ethnicity. The California workplace laws against race discrimination based also applies to the ethnic background that is assumed. If the business owner happens to have made an error about the applicant’s race or color, it’s not a defense to discrimination against race.

An instance would be if an manager conducting an interview might choose not to hire the candidate due to not trusting Chinese people. The candidate was really a United States citizen, grew up in America to parents from South Korea.

If the applicant files a complaint against the employer for race discrimination, the fact that the employer has made an error about the applicant’s race is not a defense. The employer might still be in violation of workplace discrimination laws for any discrimination based on race.

Click here to learn why you need a lawyer to review your contract!

3. Can you be discriminated against by someone from the same race?

An employer could discriminate against someone from the same race. California’s employment discrimination laws are not based on the employer’s race but make any race discrimination not lawful.

Do you have a question about race discrimination in the workplace? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

 

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Disability Discrimination in the Workplace

It is not an uncommon occurrence to find that the disabled in the society end up being discriminated in the workplace. But then again, it also isn’t a good practice to discriminate or undermine anyone who is disabled anywhere. Fortunately, California state laws offer protection for the disabled from any kind of discrimination at work.

Most of these state laws also prohibit an employer from subjecting any of their disabled employees to any kind of unequal treatment in regards to your actual or perceived disabilities. So, how will you know whether you are being subjected to any form of discrimination at work due to your disability?

Read below to find out.

What is disability discrimination?

If you are disabled in any way and working, then you can spot any kind of disability discrimination either from your employer or fellow employees quite easily. This unlawful habit may even start right from the moment you are applying for a new job. The moment you realize that you are being

treated unfavorably by your interviewer or employer qualifies as a disability discrimination. California also has laws that expect employers to provide reasonable accommodation to their disabled employees and/or applicants.

Definition of disability

A disability is a state of any medical condition which impairs activity. This can also include an employee’s ability to work optimally in the workplace. Disabilities can always take many different forms. Most disabilities are usually physical impairments. But you will also find situations where psychiatric conditions can hinder an employee or applicant from performing at work.

As a disabled applicant or employee, you also need to know that not all disabilities are protected by law. So, for you to be protected, you first need to qualify for a job, then see whether your California laws protect employees of applicants with your kind of disability.

Signs of disability discrimination in the workplace

Aside from the clear fact that California has put federal laws in place to protect the disabled from any kind of discrimination at work, disability discrimination occurrences still happen. The moment you realize that your employee is subjecting you to less favorable working environments due to your medical condition, you will know that you are being discriminated against. These forms of discrimination may include reduced working hours, denial of a raise and/or promotions, or even write-ups.

Common disability discrimination signs at work

  • Being threatened or even harassed due to your disability
  • An employer, not hiring you due to your disability
  • Being publicly shamed due to your disability
  • Verbal abuse by an employer due to your disability
  • Being cyber-bullied either by your employer or co-workers due to your disability
  • Being demoted as a result of your disability
  • Denial of promotions due to your disability
  • Being left out of staff meetings due to your disability
  • Contract termination as a result of your disability.

Do you have a question disability discrimination in the workplace? Click here to contact Von Esch Law today!

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What are California’s Disability Discrimination Laws?

The topic of disability and what can be done to make accommodations for disability at work can sometimes be unclear. California employment law offers a wide range of legal protection for employees who can establish a valid claim for disability discrimination in the workplace. But what constitutes as disability discrimination in the state of California?

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