Addressing Immigration Status Discrimination in California Workplaces: Employee Rights and Protections
The California Fair Employment and Housing Act (FEHA) protects employees from any kind of immigration status employment discrimination in California. The employers are legally restricted to conduct unfair treatment towards the workers based on their immigration status. If you face such discrimination, you may need legal steps to combat the situation. Follow this write-up to know the details about the topic.
Possible claims of immigration status employment discrimination in California
- You may file a claim against immigration status discrimination when your employer imposes English-only policies at work and discriminates against non-English speakers unless there is a legitimate business necessity for the policy.
- Immigration status-based discrimination may also occur in case your employer enforces dress codes at work that discriminate against someone’s ethnic dress.
Legal protections against immigration status employment discrimination
Gather evidence
You may need to keep a detailed record of all the unwanted incidents you faced due to your immigration status. The evidence must include the dates, times, locations, and descriptions of the incidents along with the statement of witnesses. You may also prove that you are an immigrant from another country and your job performance was satisfactory before proceeding to file a discrimination complaint. The evidence will come in handy when you decide to take legal action against your employer.
Seek support
If you face discrimination in your workplace, you may need to reach out to your family, friends, or community organizations for emotional and legal support.
Know your rights
First, you need to have a clear idea of your employee’s rights to stand against any kind of workplace discrimination. In case of immigration status discrimination, you may utilize the Fair Employment and Housing Act (FEHA) to stand against your employer. Also, you may contact the California Department of Fair Employment and Housing (DFEH) for legal assistance and guidance.
Report the discrimination
You may file a complaint with law enforcement agencies when you are discriminated against for your immigration status. First, you may want to inform the human resources department of your company or your supervisor. Alternatively, you may file a complaint with DFEH or CRD for the discriminatory act.
Consult an attorney
When you have decided to take legal action against your employer, you may need to consult an attorney first. It is always the best option before going to court. Your attorney will assess your situation and provide legal advice. You may recover legal remedies and compensation like front pay, back pay, damages for emotional distress, punitive damage, etc.
Final Words
Immigration status employment discrimination in California has become prevalent and it needs to be minimized as immediately as possible. If you become a victim of this sort of discrimination in California, try to resolve the issue with your employer. If you do not get any positive response you may need to seek help from external resources. Hopefully, this write-up will help you with adequate information to seek legal protection.
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