In addition to protecting you against discrimination, employment law also protects you from being the victim of retaliation for speaking up when your rights or the rights of someone else are violated in the workplace. If you believe you are facing retaliation at work in the wake of a discrimination complaint, an employment law attorney in San Jose, CA, can help you fight for your rights.
Whistleblower protection laws mean that you cannot be the victim of adverse actions in the office after speaking up about discrimination. These adverse actions can include demotions, denial of benefits, treats or intimidation, blacklisting, reduction of hours and pay, and termination. If you think this is happening to you, don’t hesitate to contact an employment lawyer, who can evaluate your case and determine the next steps you should take. If necessary, your employment law attorney can help you file a case against your employer.
Many people picture workplace discrimination as something obvious that occurs in dramatic incidents that are impossible to deny. In reality, it is often more insidious and difficult to identify. The first step to take if you think discrimination is a problem where you work is to seek employment law advice from a labor attorney in San Jose, CA. An attorney can help you decide if what is happening in your workplace is a violation of employment law. Here are some common signs of discrimination to be alert to in your workplace.
Unusually High Turnover Rate
Does there seem to a revolving door in your workplace. Although there can be many reasons that employees leave jobs quickly, discrimination could be a factor. Often, people who encounter discrimination at work simply change jobs instead of seeking employment law advice and determining if their rights have been violated. When people seem to quit their jobs quickly after being hired, an intrinsic problem with the workplace culture, including discrimination, could be occurring.
Lack of Access to Opportunities
In many workplaces, discrimination doesn’t take the form of confrontational words but rather in access to benefits within the office. Members of a protected group may be routinely passed over for raises, promotions, preferable shifts, and vacation time. For instance, an employer may consistently overlook women for promotions because of concerns over the potential of pregnancy. This practice is discriminatory and a violation of labor law.
Hostile Work Environment
No one should ever feel threatened at work, but discrimination makes people feel violated and unprotected. Discrimination can create an environment that hostile in which to work, whether the discrimination takes the form of inappropriate language, physical contact, or even exclusion from typical coworker relationships. A hostile work environment can be an indicator that discrimination is taking place. If you feel that the actions of your coworkers is making it impossible to do your job, contact an attorney to see if you should pursue legal action.
If you are involved in a family law dispute or a dispute in the workplace, your attorney may recommend mediation or arbitration services in San Jose, CA . Could one of these processes help you settle your case with less acrimony and without a lengthy and expensive court battle? Here is a look at how these two similar processes compare.
Mediation is a process through which two parties attempt to resolve a disagreement in a way that is mutually acceptable without the need to go through litigation in a courtroom. The most important part of mediation is that no side comes out feeling like they have won. Instead, at the end of successful mediation, both sides should feel as though they have made a deal that meets their needs without forcing anyone to lose.
The mediation process is largely a negotiation led by an impartial mediator, who asks questions and facilitates the process. The mediator is not a judge and cannot issue binding decisions. Instead, he or she helps to guide the parties towards an agreement that is mutually acceptable and to ensure the process remains productive. Mediation lawyers can be present to ensure that their clients’ rights are protected, but the negotiation does not happen between the lawyers but rather with the mediator and the parties involved. Most mediation resolutions are non-binding, but lawyers can also help to draft legal agreements that formalize the final arrangement.
Arbitration services are similar to mediation in that they happen outside of the courtroom. However, in arbitration, a panel of people acts as judges and listens to evidence before making a ruling about the dispute. In most instances, the rulings issued during arbitration are legally biding.
Arbitration can be run in a few different ways. Often, both sides will select an arbitrator, and those arbitrators will work together to pick a third arbitration. Because arbitration decisions are made using majority rule, there must be an odd number of arbitrators involved. Less commonly, a single arbitrator will rule on a dispute.
Discrimination in the workplace can take many forms, including unfair treatment based on age. If you believe that you have been discriminated against at work because of your age, consult with a labor rights attorney for employment law advice in San Jose, CA .
Watch this video to learn about the signs of age discrimination at work. Discrimination may be overt, such as being refused a position because of your age, or it could be more subtle and take the form of bullying. If you believe that age discrimination is happening to you or someone in your workplace, speak up. A labor attorney can evaluate your case and offer employment law advice to help you decide what steps you should take next.