In these instances, you may be able to prove discrimination occurred against you if you can establish a verifiable pattern of various types of harassment happening on the job. These can include racist comments, sexually suggestive comments or emails directed at you, or other acts that could be deemed as harassment.
The employee must first present evidence that he is a member of a protected class, he was qualified for the position he held, he suffered an adverse employment action such as being fired, and that he was replaced with another worker who is not a member of that protected class.
Evidence in a discrimination case in California typically includes: emails, text messages, recordings, disciplinary forms, termination documents, or a copy of your employment contract if one exists. If you're like most Californians, you spend an inordinate amount of time at work.
Proving workplace discrimination in California can be one of the most difficult steps in a successful discrimination case. It can also be complex, confusing and frustrating.
Employers of five or more are subject to the FEHA's prohibition against employment discrimination. Harassment is prohibited in all workplaces, even those with only one employee or independent contractor on staff. “Employer” does not include the federal government or a non-profit religious association or corporation.
Examples of Title VII violations include: Making sexist comments that a woman belongs in the kitchen as opposed to an office. Denying a job offer to an African American job applicant who is as qualified as the Caucasian applicant you hired. Refusing to allow Muslims prayer time throughout the day.
Title VII of the Civil Rights Act of 1964 protects employees and job applicants from discrimination based on religion. Title VII also requires employers to reasonably accommodate the religious practices of an employee or prospective employee, unless doing so would create an “undue hardship” on the employer.
Title VII applies to private-sector employers with 15 or more employees, to state and local government employers with 15 or more employees, and to the federal government as an employer. Title VII also applies to unions and employment agencies. Title VII does not apply to Tribal nations.
The answer depends on your claims and willingness to pursue litigation. If your claims are strong and you are invested in the litigation process, it can be very “worth it” to feel you are standing up for accountability, getting compensation for your injuries, and incentivizing the company to change its ways.
Title VII of the Civil Rights Act does not cover federal employees or independent contractors. However, federal employees are protected against discrimination by other federal anti-discrimination laws.