Discrimination Experienced by Employees

California’s working environment can be cruel to employees. It may at first look like a haven for employment opportunities but old-timers know better.

This is because with the rising incidences of workplace discrimination that leads to a hostile work environment, many employees unfortunately experience maltreatment.

To curb this problem, the government had enacted new laws and amended existing ones to help the member of the labor force. Nonetheless, not all of these efforts seem enough.

As it is, many companies or owners still think that they are shielded against charges of employment law violations. Moreover, they tend to ignore the negative effects of their abuses.

Additionally, more and more labor law provisions are being blatantly violated through the years. Government data show that numerous employment-related complaints and petitions are still being tried in court yet annually.

Meanwhile, to determine if an employee truly experiences discrimination, it would be better to first define it. Workplace discrimination is the invalid treatment done to workers or to people based on their age (employees age 40 and above), religious beliefs, sex (pregnancy issues), national origin, or educational attainment. Moreover, these abuses are frequently done during employment processes such as:

• Hiring
• Termination
• Training
• Promotion
• Leaves

Types of discrimination
As mentioned, there are different types of discrimination in the workplace, including:

Nationality

The employer or fellow workers at the company may discriminate against an employee on the basis of her nationality.

Age

The company may favor the young employees over the older ones or those who were applying. Those covered under the protection of the corresponding Age Discrimination in Employment Act (ADEA) that prohibits this are those employees or job applicants aged 40 and above. This act also covers customers or fellow employees who might commit the prejudice.

Religion

Any person has the right to choose his or her own religion. Accordingly, the owner or employer cannot force the worker to change beliefs or even wrongfully fire the employee on the basis of his or her religious convictions and practices.

These provisions on employee rights have corresponding sanctions under the law. Complainants are encouraged by the government to speak up and help prevent more people from becoming victims to such employee rights violations.

ERISA Provisions that Seek to Aid Retired Employees

Among the federal laws that operate as a safeguard for controlling the private retirement funds of the elderly is the Employment Retirement Income Security Act (ERISA) of 1974. Its main goal is to protect the retirement plans of the elderly.

Retirement funds are gained through deducting a standard amount from the salary of the employees during their working tenure. The amount collected will be made available once they reach their retirement age upon applying for it at the Social Security Administration (SSA).

According to the provisions under the ERISA, the government is the one in charge of funding, managing, and vesting the pension plans of those in the labor sector.

Nonetheless, even if there are strict rules in place to balance the rights of both employees and employers, many are still committing violations. Should your rights be violated, it is crucial to seek the help of good employment law attorneys. These lawyers would help claimants like you through the legal battle and will ensure that you will receive your pension, which you worked for all your life.

Facts about ERISA

ERISA was made effective on January 1, 1975 although it was enacted in 1974. According to it, both employers and employees must follow certain standards. It further prevents the occurrence of misunderstanding between the labor parties through the following:

• There must be a specified length of time that shall decide on when exactly could an employee not work without affecting the retirement plan.

• The plan must identify the exact length of time that the employee must work to get non-forfeitable status in their pensions. 

• The plan must establish if the spouse should be allowed of a portion of the pension if the participant dies before getting the retirement benefits.

• There must be a certain amount of time to determine exactly when the worker is permitted to be a “participant” in the insurance.

Furthermore, ERISA does not require employees to get retirement plans. To make it clear, it only sets the rules that must be followed by the employer and the worker in case they have such policies in the company. Moreover, the amount of payment for the retirement benefits is not within ERISA’s jurisdiction; however, it prohibits violations that trick employees into not getting their plans.

How Does Gender Discrimination Affect Employees?

Survey says that 68 percent of women believe gender discrimination in the workplace does exist. This is in spite of several federal laws that protect women and other minorities from discrimination. For example, the Equal Pay Act of 1963 (EPA) ended the practice of compensating men more than women when doing the same jobs. While in 1964, the Civil Rights Act lengthened such protection to other subordinates.

Adverse effects of gender discrimination

Destruction. Discriminated employees may feel anger and loss of self esteem that they opt to destruction as a way of recuperating at the discriminatory acts of employers or co-workers. Destruction of property, physical violence, or development of rumors about people in the company and the company itself are the possible forms of destruction employees may commit.

Lost productivity. Gender discrimination victims usually lose the motivation and courage needed to perform their jobs efficiently. Reports said that gender bias most likely leads to loss in productivity. Gags about employees’ gender that convey weakness, disgust, or gender slurs can greatly affect employees’ efficiency.

Family duties. Women who have children at home may experience reposition during interview as a result of familial responsibilities. Albeit several laws that prohibit a potential employer from asking about family duties, it often comes out during the interview process. This may provoke the hiring manager to pass over a qualified female candidate if he or she thinks the latter will be caught between home and job responsibilities.

Promotions. Conventional perceptions regarding gender can trigger company superiors to engage in illegal acts of passing an employee over for promotion due to gender. While it can happen to both genders, supervisors usually pass over female employees for promotion due to predetermined notions about their roles and abilities.

Hire an employment lawyer immediately after you feel that you are becoming a subject of gender discrimination in your workplace. This is to be guided accordingly on the legal options that you have.

What to Do when Experiencing Gender Discrimination

Actions may sometimes be restrained; thus, you have to be vigilant of your employer’s as well as co-workers’ actions. When you are treated unfairly because of your gender and when it apparently affects the terms and conditions of employment, then it sure is illegal.

Terms and conditions here comprise job position, being hired or fired from a job, compensation, and job training opportunities.

It is stated in the Title VII of the Civil Rights Act of 1964 that employment discrimination in any form should not be exhibited in any manner, especially on the basis of color, race, national origin, ethnic group participation, gender, religion, age, and disability (including pregnancy).

Accordingly, here are the important things to do if you think you are being discriminated based on your gender:

• Write down the event. 

Write down dates, times, places, and possible witnesses. You may also ask your co-workers to write down what they saw or heard, especially if they also suffered from the same conduct. 

• Review your personnel file. 

Checking your personnel file is one of your rights as an employee. In some states, if you are working for a private employer, you have the right to ask for copies of everything in your file that you have previously signed. 

• Create a paper trail. 

Put your claim in white and black. Be as detailed as you can be in describing the problem and how you want to settle it. With this, you will have a written record of the time you cast your complaint and what happened afterwards. Also, keep copies of everything you send and receive from your employer. 

• Ask help from your union.

If you belong to a union, you can file a formal complaint through such group and ask for help in the grievance process. Get a copy of the union’s grievance policy and check whether or not it discusses the problems you are experiencing.

Wrongful Termination: Several Reasons Not To Sue

For many employees who have been fired from their jobs due to certain reasons which they believe are illegal, filing a wrongful termination claim is going to be troublesome. This is the main reason why they must consult lawyers for wrongful termination before making legal steps.