Being Treated Unfairly at Work?

Do you believe you are receiving unfair treatment, or job discrimination, because of your sexual orientation, workplace bullying, your gender identity, national origin, or other because of other protected characteristics? A California employee should not experience workplace harassment or unfair treatment in the workplace for any reason. Such behavior could be a violation of employment law and those facing unfair treatment may be able to recover compensation.

What to Do If You Are Being Treated Unfairly at Work

If you believe you have experienced unfair treatment at work, it’s important to report unfair treatment and address the situation in a thoughtful and strategic manner.

1. Document the Unfair Treatment:
   • Keep detailed records of incidents of unfair treatment. Include dates, times, locations, individuals involved, and a description of what occurred. This documentation/unfair treatment file may be valuable if you need to speak to employment attorneys down the line.
2. Understand Your Rights:
   • Familiarize yourself with your rights as an employee. Employment laws vary by jurisdiction, but they generally cover areas such as discrimination, sexual harassment, workplace safety, and wage and hour issues. Knowing your rights will help you assess whether the treatment you’re experiencing is unlawful.
3. Review Company Policies:
   • Check your company’s policies and procedures to understand how they address workplace behavior and grievances. Many companies have established protocols for reporting unfair treatment and handling discrimination complaints.
4. Talk to Your Supervisor or Manager:
   • If you feel comfortable, consider discussing your concerns with your supervisor or manager. They may be unaware of the issue, and an open conversation can sometimes lead to a resolution to the unfair treatment.
5. Consult with Human Resources:
   • If your attempts to address the issue with your supervisor are unsuccessful, or if the problem involves your supervisor, reporting unfair treatment to your company’s human resources department may be necessary. Explain your concerns in a formal complaint and provide any documentation you have.
6. Seek Mediation:
   • Some companies offer mediation services to resolve workplace conflicts regarding unfair treatment. Mediation involves a neutral third party who helps the plaintiff and defendant come to a solution.
7. Consult with Legal Counsel:
   • If all else fails, and you believe you are experiencing unlawful discrimination, harassment, or retaliation, consult with an employment attorney. The employment attorney team at Lawyers for Justice, PC can provide advice on your specific situation and guide you through the legal options available.

Examples Of Unfair Treatment At Work

Being treated poorly at work can manifest in various ways, and the examples can range from subtle forms of unfairness to more overt violations of workplace laws. The treatment can involve temporary employees, employees under a protected class, independent contractors, and span across many workplaces.

1. Discrimination:
   • Gender Discrimination: Unequal treatment based on gender, such as pay disparities, biased promotions, or hostile work environments.
   • Racial Discrimination: Unfair treatment based on race, ethnicity, or because of a protected characteristic, including discriminatory hiring, job performance, or promotion practices.
   • Age Discrimination: Unjust treatment of employees (commonly with older workers) because of their age, including biased decision-making or exclusion from opportunities.
2. Harassment:
   • Sexual Harassment: Unwelcome advances, comments, or actions of a sexual nature that create a hostile work environment. This could include offensive comments and social media posts about an employee.
   • Bullying: Repeated, harmful, and aggressive behavior intended to intimidate, degrade, or humiliate a coworker.
3. Unequal Pay:
   • Pay disparities between employees who perform substantially similar work but receive different compensation without a justifiable reason.
4. Retaliation:
   • Negative actions taken against an employee for engaging in protected activities, such as reporting workplace misconduct, discrimination, or unsafe conditions.
5. Unfair Discipline or Termination:
   • Disproportionate disciplinary actions, such as unwarranted write-ups, suspensions, or terminations without proper cause.
6. Exclusion or Isolation:
   • Being purposefully excluded from meetings, projects, or opportunities without a valid reason, which could lead to isolation or a lack of professional growth within the company.
7. Failure to Accommodate:
   • Failure to provide reasonable accommodations for employees with a disability, as required by law.
8. Inconsistent Application of Policies:
   • Sometimes treatment in the workplace is unfair because of the enforcement of inconsistent workplace policies. This includes treating employees differently for similar violations, or showing favoritism in an unfair way.
9. Lack of Transparency:
   • Withholding important information about job opportunities, promotions, or changes within the organization, leading to a lack of transparency.
10. Unrealistic Workloads:
    • Assigning excessive workloads, unreasonable expectations, or unrealistic deadlines that create stress and potential burnout.
11. Micromanagement:
    • Excessive monitoring, control, or interference in an employee’s day-to-day tasks, limiting autonomy and causing frustration.
12. Cultural Insensitivity:
    • Creating a workplace culture that is insensitive to cultural differences, making certain individuals feel marginalized or excluded.

Favoritism at Work

Favoritism in the workplace occurs when a boss or manager gives preferential treatment to certain employees, often based on personal relationships, rather than work performance. Favoritism can manifest as assigning less challenging tasks, giving raises or promotions to specific employees, or providing more flexible schedules to favored workers. While favoritism may seem unfair, it could cross into illegal territory.

Workplace Favoritism Laws

Favoritism itself isn’t necessarily illegal under federal or California law. However, favoritism that results in unequal treatment can become unlawful if it leads to discrimination. For example, if a manager shows favoritism based on protected characteristics like race, gender, age, sexual orientation, religion, or disability, it violates state and federal anti-discrimination laws. California’s Fair Employment and Housing Act (FEHA) protects workers from discrimination in the workplace, and favoritism tied to these protected traits can be grounds for a legal claim.

Unfair Boss Favoritism

Unfair favoritism can create a toxic work environment, which can lead to decreased morale, frustration, and decreased productivity for employees who feel overlooked. If favoritism is not based on work performance or skills, it can lead to feelings of resentment. However, if favoritism is personal but not based on protected classes (like liking someone more because of personality), it’s generally not considered illegal or improper.

Favoritism vs. Discrimination

While favoritism in the workplace is unfair, it’s not always illegal unless it leads to discrimination. Understanding the nuances of how to be treated fairly can help employees recognize when they may face discrimination and have a reason to take legal action.

Can You Sue For Unfair Treatment At Work – FAQ

how to sue a company for unfair treatment? First, contact an employment attorney. The lawyers at Lawyers for Justice, PC offer a free consultation and can help you navigate the legal process, suggest legal action, inform you of your legal rights, and get you the compensation you deserve.

can you sue your employer for unfair treatment? An employee can sue their employer, but it is a course of action that should not be taken lightly. It’s advisable to speak with an experienced employment law attorney to review all options.

how to handle unfair treatment at work? Follow the steps above, starting with documenting the treatment and file a formal complaint.

what to do if your supervisor is treating you unfairly? If you feel comfortable, consider discussing your concerns with them. If not, report the behavior to your HR Department.

what is considered unfair treatment in the workplace? Read above for our guide of discrimination and unfair treatment example.

what is it called when an employer treats you unfairly? Depending on the issue, it could be discrimination. But an employment law attorney can help with your specific case.

Call (844) 568-1702 for more information.