It is evident that people are still experiencing discrimination in their workplace despite it being illegalized. It occurs in different forms and the level of protection is dependent on what the discrimination is based on, how, and where it occurred. The discrimination laws were drafted and have proven very useful in ensuring that employees are not unfairly treated based on their sex, race, and ethnicity. One can get help in making claims against discrimination at work with the help of employment attorney Los Angeles CA.
Definition of Employment Discrimination
It is defined as the unfair form of treatment targeted at specific employees due to the traits or characteristics irrespective of them being qualified for the job. It can occur in various forms and the marginalized groups are usually affected the most. It is usually a hard task to detect and identify employment discrimination. Variations in treatment that tend to be subtle are usually not easy to note. Some policies could also be affecting an employee without them noticing.
This is a common practice and happens for several reasons. There are cases where an employer actively makes such decisions with the intention to discriminate the targeted employees because of bias or prejudice. Sometimes the discrimination occurs because of institutional factors that make the practices get ingrained into the day to day workings of the business. It is also possible that the employers in some cases may not realize that their practices are discriminative. To them, they may rationalize the practices as good due to different reasons whereas the employees may feel they are being discriminated against.
What can the Discrimination Laws Protect an Employee Against?
The aspects of employment protected against include:
- Hiring and firing
- Job advertisements
- Recruitment compensation, classification, or assignment of employees
- Transfer, layoff, promotion, or recall
- Testing
- Utilization of company facilities
- Apprenticeship and training programs
- Fringe benefits
- Pay, retirement plans, and disability leave etc
It is the duty of every employer to ensure that the protections are available to all the employees from them to be informed and aware at all times about their rights.
Other Exceptions
Discrimination laws help in the prevention of unequal treatment targeting various marginalized groups. However, some groups such as the LGBT (Lesbians, Gay, Bisexual, and Transgender) individuals are less protected by these laws, unlike others. Many states have made laws meant to protect LGBT individuals from discriminatory practices but some do not have.
Can Legal Action be Taken Against Employers Involved in Employee Discrimination?
The answer is yes. Any employee or job applicant who has experienced any form of discrimination from their employer has the right to take a legal action. This has been made possible by the discrimination law that empowers those who are discriminated to sue their offenders. In the event of a discriminative experience at the workplace, one can file a complaint with his or her employer as well as the attorney Los Angeles CA who will provide an adequate wealth of knowledge and guidance in regards to enforcement of the federal discrimination law.
If need be, appropriate legal actions as stipulated by law may be taken against the employer involved. Employment discrimination claims do allow the discriminated employees to see all reparations for the discriminative acts imposed on them by their employer.