Signs That I’m Being Treated Unfairly At Work

Dec 20, 2024 / Workplace Discrimination

Attorney advertisement by Joanna Ghosh of Lawyers for Justice, PC, headquartered at 450 N Brand Blvd, Glendale, CA 91203

In California, unfair working conditions for female employees is a multifaceted issue that spans from pay equity to workplace harassment, and everything in between. California has been at the forefront of establishing laws that ensure fair treatment for women in the workforce, and ways to report unfair treatment as well, but navigating every protection can be tricky.

But the job discrimination lawyers at Lawyers for Justice, PC can help.

1. Pay Equity and Equal Compensation

Despite the progress made toward gender equality for employees of all genders to be treated fairly, a significant pay gap persists between men and women, particularly in fields dominated by men or higher-paying positions. California has implemented several laws to combat the issue, most notably the California Equal Pay Act (CEPA). The CEPA mandates that employees of different genders must be paid equally for “substantially similar” work, considering skill, effort, responsibility, and working conditions.

Additionally, the California Fair Pay Act goes a step further by prohibiting employers from paying women less for work that requires the same level of skill and responsibility, even if the jobs are different.

2. Sexual Harassment and Hostile Work Environment

Sexual harassment remains a pervasive issue in many workplaces, and California law provides some of the most stringent protections against it. Under both state and federal law, employees are entitled to work in an environment free from sexual harassment, including unwanted sexual advances, remarks, or any conduct that constitutes unfair treatment or an intimidating work environment.

The California Fair Employment and Housing Act (FEHA) requires employers to take immediate and appropriate action when an employee reports harassment. This includes conducting a thorough investigation and taking steps to correct any problems. However, women often face barriers to reporting harassment due to fears of retaliation or damage to their career.

To mitigate these concerns, California law provides strong protections against retaliation. If a female employee reports harassment, she is legally protected from being fired, demoted, or otherwise retaliated against. Unfortunately, retaliation cases can be complex, and proving retaliation requires showing a clear link between the complaint and any subsequent adverse action by the employer.

3. Pregnancy Discrimination and Accommodation

Pregnancy discrimination is another critical issue for female employees in California. Under both federal law and California law, women are protected from discrimination and facing unfair treatment based on pregnancy, childbirth, or related medical conditions. Employers must treat pregnant employees the same as other employees who are temporarily unable to work due to a medical condition. Pregnant workers should be provided reasonable accommodations, such as modifying tasks, offering additional breaks, or adjusting work schedules, when necessary.

4. Family Leave and Workplace Flexibility

Family responsibilities also play a key role in defining unfair working conditions for women. Under California’s Paid Family Leave (PFL) program, employees are entitled to up to eight weeks of paid leave to bond with a new child or care for a seriously ill family member.

While these laws offer significant protections, issues still arise around the stigma of taking leave, particularly for women. Some employers may view family leave negatively, impacting a woman’s career trajectory or job security, which is improper.

5. Occupational Safety and Health Protections

Finally, California law also addresses workplace safety, which includes protecting female workers from physical or mental harm that disproportionately affects them due to their gender or possibly even gender identity. This can include issues like exposure to harmful chemicals, inadequate restroom facilities, or failure to protect against violence or harassment in the workplace. The California Occupational Safety and Health Act requires employers to provide a safe and healthy work environment for all employees, and failure to do so could result in fines, penalties, or lawsuits.

Signs of Oppression at Work

Workplace oppression is a serious issue that can undermine an employee’s well-being, career, and overall sense of dignity. In California, employees are protected by a robust set of laws aimed at ensuring fair treatment, equality, and protection against discrimination and retaliation. However, if workers experience workplace bullying, it is always advised that they alert their company’s human resources department.

1. Discriminatory Pay Practices

One of the most common and insidious forms of workplace oppression is pay discrimination. Under the California Equal Pay Act and Fair Pay Act, employees must be paid equally for “substantially similar” work, regardless of gender, race, or other protected characteristics.

Signs of unfair pay treatment include:

Pay disparities for similar work: A male colleague with the same job title and responsibilities receives a higher salary or bonuses.
Unexplained pay differences: Women or minority employees are paid less than others without a legitimate, non-discriminatory reason such as experience, education, or performance.
Lack of salary transparency: If the company prevents employees from discussing pay with one another, it could be a tactic to hide pay inequality.

If you suspect you’re being paid unfairly, you have the right to discuss pay with your coworkers and ask for pay transparency. California law protects employees who inquire about compensation.

2. Harassment and Hostile Work Environment

A hostile work environment is another form of oppression where employees face frequent, pervasive harassment or intimidation based on race, gender, sexual orientation, disability, or other protected characteristics. Under the California Fair Employment and Housing Act (FEHA), harassment—whether verbal, physical, or sexual—is illegal if it creates an intimidating, offensive, or abusive work atmosphere.

Signs of harassment include:

Unwanted sexual advances or inappropriate comments related to gender, appearance, or personal life.
Racial or ethnic slurs or offensive jokes targeting a specific group.
Offensive emails or images that are demeaning to a particular gender or race.
Frequent bullying, exclusion, or isolation based on your gender or background.

If harassment is occurring, the employer must take immediate action to stop it. If they fail to investigate or take corrective action, this could be considered unlawful retaliation under California law.

3. Unjust Discipline or Unfair Performance Reviews

Unfair or unjustified disciplinary actions, performance reviews, or demotions may signal discriminatory or retaliatory behavior. California law protects employees from retaliation if they report harassment, discrimination, or unsafe working conditions. An employer who suddenly gives negative evaluations or disciplinary actions after an employee files a complaint may be engaging in retaliatory behavior.

Signs of unjust discipline can include:

Sudden negative performance reviews after reporting harassment or filing a complaint about illegal practices.
Disciplinary action without clear cause or based on minor or trumped-up reasons.
Inconsistent enforcement of company policies, where some employees are penalized more harshly than others for similar infractions.

It’s crucial to document any incidents and report the issues to human resources or a relevant authority. If the employer retaliates, you may have grounds for a legal claim under California’s Whistleblower Protection Laws.

4. Discrimination Based on Gender, Age, Disability, or Other Protected Characteristics

Discrimination remains a widespread form of workplace oppression. California law provides extensive protections against discrimination based on gender, race, religion, disability, sexual orientation, age, and other characteristics. If you are being treated unfairly because of your identity, this could be a violation of state and federal law.

Signs of discrimination include:

Exclusion from opportunities like promotions or training because of gender, age, disability, or race.
Stereotyping: Being assigned tasks or roles that are based on stereotypes (e.g., assuming women should do administrative work, or older workers cannot perform at the same level as younger employees).
Unwarranted scrutiny: More frequent or harsher performance reviews, disciplinary actions, or micromanagement based on a protected characteristic.

5. Lack of Accommodations for Disabilities or Pregnancy

As stated above, California law requires employers to provide reasonable accommodations for employees with disabilities or those who are pregnant, as per the Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA). Denying these accommodations is not only improper—it’s usually illegal.

Signs of oppression include:

Failure to accommodate a pregnancy, such as refusing to provide light-duty work or flexible hours for a pregnant employee.
Not providing reasonable accommodations for employees with known disabilities, such as accessible workspaces or modified duties.
Retaliating against employees who request accommodations by reducing hours, demoting them, or cutting pay.

How to Prove Unfair Treatment at Work in California

If you’re dealing with unfair treatment at work, California law provides strong protections against discrimination, harassment, and retaliation. In order to pursue a successful claim, you need to gather evidence, meet legal requirements, and should speak to an employment law attorney about how to get what you deserve.

1. Identify the Type of Unfair Treatment

The first step in proving unfair treatment is identifying what type of mistreatment you’re experiencing.

Discrimination: Treating you unfairly based on protected characteristics such as race, gender, age, disability, or sexual orientation.
Harassment: Any unwelcome behavior or conduct (verbal, physical, or visual) that creates a hostile or intimidating work environment.
Retaliation: Facing adverse consequences (like demotion or termination) for reporting harassment, discrimination, or participating in a legal investigation.
Wage and Hour Violations: Being paid unfairly, not receiving overtime, or being denied breaks or meal periods.

Once you’ve identified the type of unfair treatment, you can start to gather evidence that supports your claim.

2. Gather Documentation and Evidence

California law requires you to show that the unfair treatment you experienced was either illegal or a violation of your rights. The best way is through clear, well-documented evidence. Keep a detailed record of events, including dates, times, locations, and descriptions of what happened.

Types of evidence you should collect include:

Emails, text messages, and memos: These can be crucial if you’ve received offensive or discriminatory messages or communications.
Witness Statements: If coworkers witnessed discriminatory actions or harassment, their testimony could provide critical support.
Performance Reviews: If your treatment was tied to unjustified negative reviews or unequal performance assessments, this documentation will be useful.
Company Policies: If your employer violated company policies or legal obligations (e.g., failure to provide reasonable accommodations for disabilities or pregnancy), having a copy of the policies can help support your claim.

In retaliation claims, proving a connection between your complaint and subsequent mistreatment is key. For example, if you filed a formal complaint or reported harassment, and then faced disciplinary actions or were demoted, this pattern could strengthen your case.

3. Establish a Legal Basis for Your Claim

To successfully pursue a claim for unlawful treatment, you must demonstrate that your employer’s actions violated a specific law or regulation. Under California law, the primary legal frameworks include:

California Fair Employment and Housing Act (FEHA): Protects against discrimination and harassment based on protected categories such as race, gender, disability, and more.
California Labor Code: Covers wage and hour issues, including unpaid wages, meal and rest breaks, and overtime violations.
Federal Laws: If your case involves federal discrimination claims, laws such as Title VII of the Civil Rights Act of 1964 or the Americans with Disabilities Act (ADA) may also apply.

To establish that you’ve been unfairly treated, you need to show that your employer’s actions were unlawful. For instance, in a discrimination case, you must prove that you were treated unfairly because of your protected characteristic (ex: gender, national origin, or race), and that your employer’s actions were not based on legitimate business reasons.

5. Prove the Employer’s Actions Were Unlawful

Finally, to succeed in your unfair treatment claim, you must demonstrate that your employer’s actions were both illegal and resulted in harm. In most cases, this means showing that:

Your employer violated the law (discrimination, retaliation, wage violations, etc.).
The unfair treatment negatively impacted your job, career, or well-being (e.g., loss of income, emotional distress, or career setbacks).

In a discrimination case, you would need to prove that the treatment you received was because of your race, gender, or another protected characteristic. If you are making a retaliation claim, you must show that the mistreatment occurred after you engaged in a protected activity, such as reporting illegal behavior or participating in an investigation.

6. Consult with an Employment Attorney

Proving unfair treatment at work is a complex process. While you can take steps to document and file your claim on your own, having an experienced employment attorney who can provide legal counsel can be invaluable. An employment lawyer can help you navigate the legal intricacies of your case, ensure you meet deadlines, and increase your chances of a successful outcome. Lawyers for Justice, PC offers a free consultation.

Can You Sue Your Employer For Unfair Treatment – FAQ

can you sue your employer for unfair treatment? You can potentially sue your employer for unfair treatment to recover compensation, but it depends on the nature of the unfairness and whether it violates specific employment laws.

what to do when your boss says hurtful things? It is within your legal rights to collect evidence of how you were treated poorly. When you have enough evidence, you may be able to take legal action.

is favoritism in the workplace illegal? Favoritism in the workplace is generally not illegal unless it is based on a protected characteristic like race, gender, age, or religion, or another protected class.

how to deal with being fired unfairly? If you believe you’ve been fired unfairly, the first step is to understand your rights, document everything related to your employment, and then consult a lawyer to assess whether you have grounds for a wrongful termination claim.

can i sue for being singled out at work? You may be able sue or explore legal options if the offensive comments, or singling out, is a result of discrimination or harassment.

what to do if you feel like you’re being targeted at work? The best place to start is to document all harassment and take the evidence to your HR Department to see if the improper behavior can be resolved internally.

what is considered unfair treatment in the workplace? Unfair treatment can be if you face discrimination, harassment, or bullying based on certain protected characteristics like race, gender, age, disability, or religion. If an employer treats a worker differently, leading to unequal opportunities, such as unequal pay for similar work, being passed over for promotions due to bias, or being subjected to offensive or hostile behavior at work, many employees might be able to pursue a claim.

is silent treatment considered hostile work environment? The silent treatment can be a form of bullying.

what is it called when your manager treats you unfairly? If it is based on a certain protected characteristic of yours, it could be discrimination.

what to do if you are being mistreated at work? Reach out to Lawyers for Justice, PC to explore your legal options. The firm offers free consultations.

how do you know if you are being set up at work? Micromanagement, criticism, unbearable amounts of work, and resources being withheld could all be indicators.