D.Law: California’s Professional Employment Discrimination Lawyer

D.Law, an employment law firm representing clients across California, often speaks with workers who believe they may have experienced direct discrimination at work. But many employees are unaware that indirect discrimination can also be unlawful in the workplace and is sometimes more challenging to recognize. 

Whether a worker is considering suing due to favoritism at work or facing discriminatory treatment, D.Law can provide legal guidance and support. The firm explains more about the difference between direct discrimination vs. indirect discrimination below. 

The Difference Between Direct and Indirect Discrimination in the Workplace

Discrimination refers to unfair treatment or adverse action against an employee based on a protected characteristic, such as age, gender, religion, race, disability, or sexual orientation. When workers think of discrimination, they often picture a worker being passed over for a job due to their race or age. But discrimination can also involve more indirect treatment that isn’t always obvious. 

• Direct discrimination occurs when an employer takes negative action against a worker or candidate because of a protected characteristic. 

• Indirect discrimination refers to company-wide policies or rules that unfairly impact certain protected groups. 

Examples of Indirect and Direct Discrimination in the Workplace 

One way to understand the differences between direct discrimination vs. indirect discrimination is to review examples of each behavior. Knowing these examples can help workers begin to recognize instances of unfair treatment in their own workplaces.

Examples of direct discrimination may include:

• Automatically passing over job candidates who are over the age of 40 when searching for a new hire

• Firing a worker because they are pregnant 

• Overlooking a worker for a promotion due to their gender

Meanwhile, indirect discrimination involves enacting rules that apply to every employee in a workplace but unfairly hurt a protected class more than other workers. Examples may include:

• Prohibiting workers from taking PTO days during December, when some workers may need time off to observe religious holidays

• Imposing a minimum height requirement for workers that unfairly discriminates against women 

• Requiring employees to be clean-shaven, when certain workers may need to maintain beards for religious purposes

How Workers Can Protect Their Rights in the Face of Direct or Indirect Discrimination

Employees are entitled to equal treatment in the workplace. When a worker faces negative consequences from a discriminatory policy or direct discrimination at work, they should meet with an employment discrimination attorney to discuss their legal options. 

Taking these steps can help a worker protect their rights: 

1. Document evidence of the discrimination, such as copies of discriminatory policies or digital communications with an employer 

2. Report the discrimination to HR or management to attempt to resolve the issue internally

3. Consider filing a complaint with the California Civil Rights Department (CRD) or the U.S. Equal Employment Opportunity Commission (EEOC). 

Workers may have the right to seek damages from their employer, such as backpay or emotional damages, depending on the case. 

About D.Law

D.Law is an employment law firm with locations across California. The firm exclusively represents California workers through cases involving wrongful termination, discrimination, harassment, wage theft, and related matters. 

Interested parties can contact D.Law at 818-275-5799 to request a legal consultation. 

Contact Information:

D.Law

250 N Madison Ave, Pasadena, CA 91101, United States
Pasadena, CA 91101
United States

Emil Davtyan
https://d.law/