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 pregnancy status.
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.