Annually, workplace discrimination is reported by the thousands, either through a management-approved process or through legal action. However, there are a lot of cases that go unreported due to fear of what may happen once an employee reports workplace discrimination.
With the many federal and local laws prohibiting discrimination based on sex, race, religion, gender, age, and others, employees should feel safe to report discrimination when they observe or experience it. Blackstone Law understands the severity of this type of workplace injustice and is ready to help if you find yourself experiencing discrimination of any kind.
How Are Employees Who Report Workplace Discrimination Protected?
Federal and state laws are in place in order to protect employees from acts of discrimination. Additionally, they may also be protected under their employer’s company policies. The following are specific protections for employees who report workplace discrimination:
Federal Law Protections
Employees have been protected in the workplace since the enactment of the federal law Title VII of the Civil Rights Act of 1964. Other prominent federal protections for employees include:
- The Age Discrimination in Employment Act of 1967: Protects adults over 40 from age discrimination in employment
- The Equal Pay Act of 1963: Ensures identical compensation for both men and women
- Sections 501 and 505 of the Rehabilitation Act of 1973: Outlaws discrimination against people with disabilities who are employed in the federal government
- The Pregnancy Discrimination Act: Outlaws discrimination against women because of pregnancy, birth, or medical conditions concerning pregnancy or childbirth
- The Americans with Disabilities Act of 1990: Prohibits employment discrimination against individuals with disabilities in public and private sectors
- The Civil Rights Act of 1991: Authorizes monetary damages in instances of deliberate employment discrimination
- Title II of the Genetic Information Nondiscrimination Act of 2008: Outlaws employment discrimination based on genetic information about an applicant, employee, or former employee
These federal laws protect those who report workplace discrimination and those who experience it. Speak to a knowledgeable workplace discrimination lawyer to assess whether any of these protections apply to your unique claim.
State Law Protections
In addition to the federal laws protecting those who report workplace discrimination, California laws also provide certain protections, including the following:
California’s Fair Employment and Housing Act
California’s Fair Employment and Housing Act is the direct law that covers protection from employment harassment, retaliation, and discrimination in the workplace. Every work entity with over five full-time employees is required by law to follow the FEHA anti-discriminatory laws. Under this law, employers are prohibited from displaying discriminatory behavior in all business practices, including advertisements, working conditions, compensation, hiring and more.
The California Family Rights Act
The California Family Rights Act mandates employers of five or more employees to offer an employee job-protected leave for childcare, spouse, partner, parent, grandparent, sibling, or grandchild with a serious health condition, and for the employee’s own serious health condition. A qualified employee may also take job-protected leave to bond with a new child by birth, adoption, or foster care placement within a year of the child’s birth, adoption, or foster placement.
Unfortunately, even with such extensive protections against discrimination and reporting it when it occurs, employer retaliation still occurs. Workplace retaliation for reporting discrimination can mean a hostile work environment, demotions, and potentially job termination.
Employees that participate in reporting workplace discrimination are protected in participating in investigations of the incident, opposing workplace discrimination, and also complaining of workplace discrimination. If you have faced retaliation for reporting workplace discrimination, you may be entitled to monetary compensation for the harm caused by employer retaliation.
How to Handle Retaliation After Reporting Workplace Discrimination
If you experienced workplace discrimination or have experienced retaliation for reporting workplace discrimination, it is essential to retain the help of an experienced California workplace discrimination lawyer for legal guidance regarding your claim as soon as possible. Retaining a lawyer can offer protection from potential retaliation in instances of reporting discrimination or passionate advocacy when filing a charge or lawsuit against your employer.
In addition to retaining a knowledgeable workplace discrimination lawyer, you may also take the following steps to bolster your claim against your employer:
- Document any mistreatment and retaliation you experience
- Record a detailed timeline of events and instances of discrimination or retaliation against you
- Obtain employment handbooks, documents, and other information concerning salary, benefits, commission, or equity
Retain the help of a knowledgeable workplace discrimination lawyer at Blackstone Law to seek compensation for your unlawful mistreatment and losses associated with your employer’s retaliation against you.
Schedule a Consultation With a Workplace Discrimination Attorney at Blackstone Law
Workplace retaliation is unlawful, and victims have many protections in place in order to safely report workplace discrimination when it is present. If you have experienced mistreatment in the workplace due to reporting a discriminatory incident, speak to an experienced California workplace discrimination lawyer at Blackstone Law for legal guidance. You may be entitled to necessary compensation for any economic or non-economic harm caused by an employer.
Blackstone Law proudly offers free case evaluations for victims affected by workplace discrimination or retaliation from reporting the mistreatment of others. Call (310) 956-4054 today, or fill out our contact form.