Federal and state laws prohibit adverse actions in the workplace based
on protected classes, such as age, sex, gender, disability, pregnancy,
race, and military or veteran status. Employment law also prohibits discriminatory
or retaliatory actions against an employee for exercising legal rights
and obligations, such as serving on a jury. Unfortunately, despite these
laws, discrimination in workplaces around the San Jose, CA area is still
rampant. If you think you may have noticed possible signs of
workplace discrimination, you have the right to contact an employment attorney to discuss the situation.
You have felt uncomfortable with interview questions.
Employees aren’t the only ones who are protected from discriminatory
actions under employment law. Individuals who are interviewing for a job
are also protected. Consider whether you were asked suspicious interview
questions, such as those that might make reference to a stereotype about
one’s race, religion, sex, or gender. It is illegal for a
hiring manager to ask questions about a job candidate’s marital status, religion, children, pregnancy
intentions, and national origin. Hiring managers cannot ask if English
is a candidate’s first language, nor can they inquire about a candidate’s
drinking habits. If you have been subjected to these types of questions,
you might consider talking to an employment attorney.
Your responsibilities have changed unfairly or been diminished.
An employee who is being discriminated against might notice that his or
her responsibilities have been suddenly diminished without just cause.
For example, you may have previously had the job of conducting presentations
at meetings, but now your employer has relegated you to the role of taking
lunch orders. Conversely, an employee who is discriminated against might
also suddenly receive demanding tasks that are virtually impossible to
complete. This latter tactic is usually used in an attempt to prove that
an employee is incompetent because of his or her race, sex, gender, or
You have received unfairly poor reviews.
If you do your job well, fulfill all of your responsibilities, and otherwise
excel within your position, it’s reasonable to expect that you would
receive favorable performance reviews. If you do not, this may speak to
discriminatory stereotypes in the workplace.