Have You Been Discriminated Against in the Workplace?

Are You the Victim of Age Discrimination?

The California Fair Employment and Housing Act (commonly known as FEHA) prohibits employers from discriminating against employees over 40 years old. The burden of proof ultimately rests on the employee to prove he or she has been the victim of discrimination. Without direct proof, proof of discrimination must be shown indirectly by the use of statistics and other information, including layoffs or terminations for no reason or for a “bad reason.” Examples of age discrimination include a female executive, over the age of forty, who was terminated after she complained about the failure to promote her when a younger and less experienced employee was promoted; outside salesman, age 65 who had significant portions of his territory taken from him; and, a woman who worked every job in a small factory and was terminated for “lack of work” during a factory slowdown.

Have You Been Discriminated Against Based on Your Disability?

Individuals with physical or mental disabilities, as defined by law, are protected as long as they can perform the essential functions of their job safely and efficiently. Employers are required to provide reasonable accommodations unless the accommodation would result in undue hardship. An example of disability discrimination includes a dock worker who suffers from epilepsy, who can perform all of his or her job duties safely while on medication, and with periodic rest breaks, is prevented from carrying on his job or responsibilities. The employer must accommodate such a worker by providing necessary rest breaks and the required time to take medication. These protections may apply if the employee currently suffers from a disability, has a history of a disability, or is perceived to have a disability.

Have You Been Discriminated Against Because of Your Pregnancy?

State and federal laws prohibit employers from harassing, demoting, terminating, or discriminating against employees for becoming pregnant or requesting pregnancy leave. Female employees returning from pregnancy/disability leave are entitled to return to their same position or a comparable position. A woman who is pregnant and seeks to bond with her newborn child, or who suffers a disability because of pregnancy and childbirth, enjoys special protections under state and federal laws.

Andrea Cook & Associates has been fighting for Employee Rights and Protecting Individuals Subject to Pregnancy Discrimination in the workplace for close to thirty years.

As a Member of the LGBTQIA Community, Have You Been Treated Fairly in the Workplace?

Lesbian, gay, bisexual, and transgender people should be able to participate fully in American life. Like all Americans, they are entitled to be free from discrimination based on sexual orientation and gender identity on the job; in housing; adopting a child; when attending school; while shopping or getting services at restaurants, hotels, and other public places; and, when accessing government programs and services.

The Impact of Discrimination on the LGBTQIA Community Takes a Terrible Toll on Their Victims and on the Loved Ones That Live With and Support Them.

1. An extensive body of research shows that exposure to anti-LGBTQIA  discrimination increases the risks of poor mental and physical health for LGBTQIA community. 
2. The mental health consequences of discrimination for LGBTQIA people include depression, anxiety, suicidality, PTSD, substance use, and psychological distress.
3. The physical health consequences of discrimination include bodily injury, elevated stress hormone levels, cardiovascular disease, and poor self-reported health.
4. The types of discrimination associated with LGBTQIA health harms include interpersonal discrimination, such as bullying, harassment, or assault, and structural discrimination, such as laws, policies, or practices that deny services, opportunities, or protections to LGBTQIA people.
5. Discrimination is linked to health harms even for those who are not directly exposed to it because the presence of discrimination, stigma, and prejudice creates a hostile social climate that taxes individuals’ coping resources and contributes to minority stress. Manifestations of this stress, including internalized stigma, low self-esteem, expectations of rejection, and fear of discrimination, help explain the health disparities seen in LGBT populations.
6. Discrimination against LGBTQIA people can occur in any area of daily life, including public spaces, workplaces, schools, hospitals, and doctors’ offices, and at home.
7. Discrimination based on intersecting identities such as gender, race, or socioeconomic status can exacerbate the harms of discrimination based on sexual orientation or gender identity.
8. Protective factors against the harms of discrimination include peer, community, and family support; access to affirming health care and social services; and, the establishment of positive social climates, inclusive practices, and anti-discrimination policies.