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Workplace Discrimination Archives

Why petty slights do not constitute workplace discrimination

Some people in the California workplace may end up on the receiving end of behavior they feel is impolite, rude, or annoying. For example, a colleague might interrupt you while you are talking, and perhaps too frequently for your taste. Although some employees may consider such behavior as a form of harassment, the truth is that for workplace behavior to qualify as discrimination, it needs to rise above just petty slights.

Understanding Reasonable Accommodation

One of the murkier questions concerning disability discrimination is whether a California employer has done enough to accommodate disabled individuals seeking to apply at the employer’s workplace or who already are employed. Federal law makes it clear employers should assist the disabled, but how they should do so and to what extent requires further explanation.

What constitutes disability discrimination?

The concept of disability discrimination in the California workplace is something many people may not fully understand. However, it has been known to occur, which is why the federal government specifically prohibits discrimination on the basis of a person’s disability. Federal law describes what kinds of people are protected from disability discrimination.

What is genetic information?

Federal law prohibits multiple forms of discrimination, including age, race, and sexual orientation, yet many California residents may not know that employers are also prohibited from using genetic information to discriminate against workers, or even understand what genetic information is. According to the U.S. Equal Employment Opportunity Commission, genetic information includes different aspects of a person’s genetic background.

Do men have a right to paternity leave?

It has always been rather standard that when a woman has a baby, she gets time off work.  Employers routinely offer maternity leave, but if you are a father, do you also have a right to time off? Generally, maternity leave is a medical leave, allowing the mother time to recuperate after giving birth, but it also gives her time to bond with the child. This is why it has been also offered to adoptive mothers and why many companies are offering or considering paternity leave. As a father in California, you deserve time to bond with your child, too.

Does your employer have to follow ADA regulations?

Like most in Sacramento, you likely take great pride in your career and your ability to thrive within it. That ability can be significantly hindered if you were to develop a disability or acquire one in an accident. Yet part of coping with a disability is being able to continue to do those things which you value (such as working). However, what if your employer tries to tell you that your new limitations prevent you from returning to work? The Americans with Disabilities Act prohibits an employer from discriminating against you based on a physical or mental disability. What if your employer, however, claims that it is exempt from having to adhere to it? 

What evidence is needed to prove discrimination?

Discrimination claims in California can often be difficult to prove. The legal system tried very hard to ensure both sides are given fair consideration and opportunity to prove their cases. This means you need to be able to provide adequate proof that discrimination occurred. The law has strict standards as to what burden of proof must be met.

Gender discrimination in the workplace

Working women in California will find themselves running into the gender wage gap time and time again, even in the year 2017. It's an unfortunate truth that gender discrimination still exists even in the modern workplace, and it can have a severe impact on all women working in it.

Understanding affirmative action in the workplace

When people think about affirmative action, they may realize they do not know much about it. Because this policy is designed to help prevent discrimination in the workplace, it can be helpful for California residents to understand how it can affect their workplace.

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