How Do I Report Unfair Treatment at Work in California?

Being mistreated at work is extremely frustrating and can make your professional and personal life feel very negative. In California, employees are covered by laws against discrimination, harassment, and abuse. You should know your rights and how to report unfair treatment at work in California if such treatment occurs within your workplace.

What Is Unfair Treatment at Work?

Legally speaking, unfair treatment at work refers to being harassed or discriminated against on the basis of being part of a protected characteristic, such as race, gender, or age. This includes unfair actions such as being passed on for a promotion, being terminated, receiving offensive comments, or any other hostile action based on a protected characteristic.

Not all negative workplace experiences count as a violation of the law. Actions like receiving a bad performance review, being lawfully disciplined, or being overlooked for a promotion because you don’t have enough qualifications may not count as unjust treatment. Conflicts of opinion, preferential treatment, or perceived unfairness unrelated to discrimination or harassment based on protected characteristics also fall outside the law’s definition of unfair treatment.

Reporting Unfair Treatment to Your Employer

Before filing an external complaint, it is wise to first try to handle the issue internally. If you are comfortable enough, notify your employer of the mistreatment that has occurred. You may speak with your direct supervisor, and they may be able to rectify the situation.

If the supervisor is the one who is treating you unfairly, if you are not comfortable speaking with your supervisor, or if you have spoken with them and the matter still has not been resolved, you can contact the human resources (HR) department. Provide as much information as you can about the situation, including the participants, the time and place of the incident, and any witnesses who can verify your claims.

Be sure to keep a record of any internal communication you have with anyone at your job. You can submit a formal complaint of the situation to ensure that you and your employer have proof of your attempt to handle the situation. Some employers have a process outlined in the employee handbook on how to file a complaint.

Reporting Unfair Treatment Externally

If filing a complaint internally does not work, and the unfair treatment persists, or if you receive retaliation for filing, you may file a report externally. In California, there are two external options for filing a complaint.

You can file with the Equal Employment Opportunity Commission (EEOC). This agency enforces workplace discrimination laws and investigates these complaints. Take note, however, that there is a timeframe in which you must file the complaint after the mistreatment has occurred.

You can also file a claim with the California Civil Rights Department. While the EEOC is a federal organization, the California Civil Rights Department handles these cases on the state level. This organization also has a timeframe for when you must file your claim.

Protection From Retaliation

Unfortunately, fear of retaliation often keeps employees from reporting unfair treatment. Fortunately, the law protects employees from retaliation for filing a complaint against their employer. Common types of retaliation include:

• Termination from position
• Demotion from position
• Pay reduction
• Reduction in hours
• Change in duties, especially to more unfavorable ones
• Hostile treatment
• Harassment

If you face any type of retaliation after filing a complaint against your employer, you can file an additional claim for the retaliation. Be sure to document all interactions and gather statements from eyewitnesses who can support your claim.

Next Steps

Legal representation is essential if you feel you’ve been treated unfairly at work. You can seek the counsel of an employment attorney who can help you understand your rights and legal options. An attorney can analyze your situation, walk you through filing a complaint with the proper authorities, such as the EEOC or the California Civil Rights Department, and ensure that you have all the necessary documentation.

This could result in potential remedies, including reinstatement, payback, emotional distress compensation, and punitive damages. Getting an attorney involved in the beginning increases your chances of a favorable outcome because they can navigate complicated legal processes, defend your rights, and speak for you.

FAQs

Q: What Is Unfair Treatment in the Workplace in California?

A: In California, unjust treatment at work occurs when an employee is discriminated against because of protected characteristics such as race, gender, age, or disability. These include discrimination, harassment, retaliation, or being denied privileges or promotions because of these characteristics.

In California, the Fair Employment and Housing Act (FEHA) provides strong protections against such treatment, ensuring workers are afforded work environments without unlawful bias and discrimination.

Q: Where Do I File a Complaint Against an Employer in California?

A: In California, you can file a claim against your employer before the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC). These organizations handle allegations of discrimination, harassment, and retaliation. You need to submit your complaint within the proper time frame to make sure your rights are protected, and your claim is reviewed.

Q: How Do I Prove I Am Being Treated Unfairly at Work?

A: If you need to demonstrate wrongful treatment in the workplace, record all of the events that took place, including dates, times, and specifics of what happened. Gather emails, text messages, and statements from witnesses. It’s essential to show that there is a history of discriminatory or retaliatory practices associated with protected characteristics.

By keeping careful records and talking to an employment lawyer, you can put your case on a stronger footing and create a timeline of what happened.

Q: What Can I Do If My Employer Is Treating Me Unfairly?

A: If you’re getting treated poorly at work, begin by complaining to your HR department or boss. Document all incidents thoroughly. When internal reporting is not enough, complain to the EEOC or CRD. Talking with a seasoned employment lawyer will educate you about your legal options, assist in defending your rights, and even help you seek remedies through an administrative appeal or litigation.

Contact Peterson Watts Law Group, LLP Today

If you have been treated unfairly at work, you do not have to accept the treatment silently and alone. Peterson Watts Law Group, LLP can advocate for your rights, so you receive the justice you are due. Contact us today to start securing your future.