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Discrimination, Harassment, and Retaliation Defined
The U.S. Department of the Interior defines discrimination as:
"The differential treatment of an individual or group of people based on their race, color, national origin, religion, sex (including pregnancy), age, marital and parental status, disability, sexual orientation, or genetic information."
Discrimination in the workplace could look like any of the following situations:
Your supervisor threatens calling immigration authorities on you if you file a wage claim or safety complaint
Not being given proper safety trainings or workplace resources because you do not speak English
After telling your manager you are pregnant, you are denied work hours or work assignments, while your non-pregnant coworkers keep their normal schedules
After you request accommodations for your disability, you are not given work because the employer refuses to provide the accommodation
You are being paid less than your coworkers because of your national origin or ethnicity
Yourself and coworkers who are of a particular race or ethnicity are consistently assigned the hardest, dirtiest, riskiest, or most grueling jobs over workers of another race or ethnicity
You are asked during hiring about where you are from or if you have a disability
You report sexual harassment in the workplace and are moved to a worse field or given less work hours
You are wearing religious clothing like a hijab and told to remove it or find another job Harassment and Retaliation are forms of discrimination.
Harassment and Retaliation are forms of discrimination.
Harassment is unwelcome conduct based on a protected characteristic (as described in the discrimination definition).
This can look like offensive jokes, the use of slurs, sexual remarks or advances, comments on appearances, etc
Retaliation is when an employer punishes a worker for exercising their legal rights- like filing a complaint, requesting an accommodation, or asking about their wages.
If your supervisor is threatening to call immigration agents on you, take away your work hours or assignments, being placed in a worse working condition, based on you exercising your rights, you are being retaliated against.
Your Rights Protect You Against This!
California state law protects workers against discrimination, harassment, and retaliation.
You have the right to:
Work free of discrimination
Work free of harassment
Complain about job discrimination without punishment
Keep your medical information private
Request workplace changes for your religion, disability, or pregnancy, childbirth, or related medical conditions
These rights apply to full-time, part-time, seasonal, and temporary employees. You have these rights regardless of your immigration or citizenship status!
How to File a Complaint
If any of this is happening to you in the workplace, you can file a complaint with the California Civil Rights Department.
Before you file, collect or keep track of:
The specific facts/any records about the incident, including the name of anyone involved
Copies of any documents related to your complaint (emails, texts, write-ups, medical documentation)
Names and contacts of potential witnesses of the incident(s)
Steps to File:
Complete a complaint intake form, online, by email, or by mail, accessible via: https://calcivilrights.ca.gov/complaintprocess/how-to-file-a-complaint/#
The CRD will review your complaint and contact you to schedule an “intake interview,” where a CRD representative can decide if they can take your case to investigation. Keep copies of everything you submitted.
You may be offered free mediation, or the CRD will investigate the case further, involving interviews and review of documents.
Note: In California, you have 3 years to file with the CRD, or 300 days to file federal complaint with the EEOC.