Employment & Labor

Proving discrimination in the workplace is more or less the same whether the discrimination is based on race, age, sex, national origin, or anything else that is illegal. Employement lawyers and law firms.

This is a very basic guide to how discrimination in the workplace cases are proven. Every employment law case is different, which means this basic guide may not apply to every case. (For instance, in disability discrimination in the workplace, other factors, such as "reasonable accommodation" are at issue. Employement lawyers and law firms.  A "reasonable accommodation" is when the employer modifies the job duties, provides some extra help, or takes some other measure to ensure that the person can still be able to do the job despite their disability).

First, the employee must show that:
1. he/she is a member of a "protected class", and
2. he/she suffered an "adverse employment action". Employement lawyers and law firms.

The specific categories which are protected are spelled out in particular laws, or statutes, such as the FEHA. Because gender, or sex, is one protected category, all employees, at least the human ones, are protected by at least one category. Many people fall into more than one protected category. Employement lawyers and law firms.

An adverse employment action is any action by an employer that has a negative impact on the employee's job. This can be just about anything relating to someone's job: termination of employment, demotion, unwanted shift change, hour cuts, etc.