Workplace Discrimination 101

As an employee, you have the right to a workplace that is free of any discriminatory actions and behavior. Under California's Fair Employment and Housing Act (FEHA), your employer (or a prospective employer) is not allowed to discriminate against you in any way for belonging to a protected class.

Protected classes include but are not limited to:

• Race
• National Origin
• Religion
• Age (over 40)
• Medical Condition or Disability
• Sex/Gender (including pregnancy and gender identity)
• Sexual Orientation
• Marital Status
• Military or Veteran Status

As a whole, discrimination may be difficult to identify. It can be as blatant as verbal harassment pertaining to your identified protected class (including sexual harassment) or as indirect as being excluded from meetings or pertinent information relating to your job because of your protected class. Regardless of how you are being discriminated against, you should always make your workplace experiences known to the appropriate parties at your employer.

Requesting a reasonable accommodation

If you have a medical condition or disability (even a temporary disability), you have the right to request a reasonable accommodation from your employer to allow you to complete your job duties. The same can be said if you are pregnant and require an accommodation for your pregnancy. Some examples of a reasonable accommodation include light duty, no lifting over a certain amount of weight, minimal walking or less time spent standing. Pregnancy accommodations can be requested during pregnancy and are also applicable if you need a lactation accommodation (i.e a private room to express breast milk).

However, even if your accommodation is not on this common list, your employer must still engage in conversation with you to find something to fit your accommodations. The most common way to request an accommodation from your employer would be to provide them with a note from your physician outlining your request and the length of your request, but a doctor's note is not necessary. If your employer is not able to accommodate you in your current role, they are allowed to move you to a lateral role that fits your accommodation without a reduction in pay. If your employer ignores your accommodations request, and you are forced to work outside of your restrictions, or if your employer retaliates against you in anyway, such as a reduction in pay, termination, etc., following your request for accommodations, you should contact an employment attorney for more information.

Sexual Harassment Prevention

Unfortunately, sexual harassment is common in the workplace, but if you are a victim of sexual harassment, your employer should be made aware as soon as possible in order to prevent it from continuing.

Sexual harassment can include the following:

• Visual gestures, displaying sexually explicit media
• Verbal gestures, sexually degrading words or slurs, unwanted sexualized discussion of someone's body
• Physical contact, groping, unwanted touching
• Offering benefits for sexual activity, retaliation for denying sexual favors

Employers are required to properly investigate and address issues of sexual harassment as soon as they are made aware of its occurrence.

* At the start of employment, employers are required to provide one hour of training for non-supervisory employees and two hours to supervisory employees to learn about preventing sexual harassment in the workplace.

If you report sexual harassment in the workplace and are retaliated against by your employer contact the Department of Federal Employment and Housing or an employment attorney for the appropriate next steps.