Key distinctions exist between workplace harassment and discrimination. Knowing their meanings and differences is the first step in protecting your rights under California employment law. You may have the right to file a claim against a California employer when it is possible to prove that an employer’s actions are unlawful.
What Is the Difference Between Workplace Harassment and Discrimination?
An employer discriminates when they treat an employee differently because of personal characteristics. Discrimination results in an adverse action that impacts your employment potential, hiring, or advancement due to belonging to a protected class.
Discrimination is direct when it targets you explicitly because you belong to a protected class. Indirect discrimination occurs when an employer’s policies and guidelines disproportionately impact protected class members. For example, a workplace-enforced dress code may unfairly impact individuals with certain religious practices or belonging to specific racial groups.
Harassment is a form of discrimination that creates a hostile environment. Harassment is any unwelcome conduct that targets individuals of a protected class. Harassment may target individuals because of their sex, gender, religious beliefs, age, or another protected characteristic.
What Is a Protected Class or Characteristic in California?
California law identifies protected characteristics that an individual may exhibit that can cause unfair treatment in the workplace. In addition to these characteristics, employees receive protection from unlawful actions against them for requesting the following:
- Family care leave
- Leave for a serious health condition
- Pregnancy disability leave
You may also be part of a protected class if you report patient abuse in institutions supported by taxes.
What Are Harassment vs. Discrimination Protections in the Workplace?
California laws are stringent in addressing harassment and discrimination. Under the U.S. Equal Employment Opportunity Commission (EEOC), unwelcome conduct only qualifies as harassment when it is hostile, intimidating, or offensive to a reasonable person. Conduct perceived as an annoyance or petty may not be viewed as illegal. Employer coverage only extends to those with 15 or 20 employees.
California requires more companies to implement harassment and discrimination policies. The California Civil Rights Department enforces laws prohibiting employers with 5 or more employees from discriminating based on any protected characteristic or a combination of these qualities. The law also requires training to prevent sexual harassment in the workplace when an employer has 5 or more employees.
State and federal protections may apply to an incident involving harassment or discrimination. Filing a workplace discrimination claim in California is specific to your experience. Documenting any action by a coworker or employer that impacts your work environment plays a crucial role in filing a claim.
How to Identify Harassment vs. Discrimination
Unwelcome conduct generally qualifies as harassment. Workplace harassment examples may include:
- Offensive or intimidating emails, comments, or jokes about a protected characteristic
- Unwanted touching, leering, or gestures
- Suggestive comments
- Insults or bullying
Experiencing unfair treatment in the workplace may be discrimination. Discrimination in the workplace can impact you during:
- Hiring
- Advancement or demotion decisions
- Salary determinations
- Shift or work assignments
- Firing
Some conduct or treatment can be both. For example, intentional exclusion may qualify as harassment because it creates a hostile work environment. Exclusion can also be discriminatory when it occurs due to a protected characteristic. You are not alone in identifying and fighting California workplace harassment and discrimination. Legal protections may be available to help you recover financially.