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What are the basics of a workplace discrimination claim?

Many of our previous posts here have discussed specific instances of workplace discrimination that have occurred in California. It is, unfortunately, a fact of life that discrimination still occurs in the workplace on any given day.

When discrimination does occur, those employees who have been the victim of discrimination may feel compelled to take action. But, what are the basics of a workplace discrimination claim?

Well, for starters, it is important to understand the basic building blocks of such a claim, starting with what exactly constitutes "discrimination." There is no one act that defines "discrimination" - context is everything. But, in general, discrimination occurs when some adverse result comes about due to an employee's gender, race, age, religious preference or national origin, for example.

What acts might constitute discrimination? It could be something that occurs in the hiring process for a potential employee, during regular day-to-day work for an employee or when promotions are being considered. If, for example, an employer refuses to hire a potential employee based on some discriminatory factor, that may be grounds for a valid claim. Or, if an employer promotes one employee over another, more deserving employee, based on a discriminatory factor, that may also be the basis for a valid claim.

Once the basic facts of a potential claim of workplace discrimination are determined, it is time to consider the legal options and what specific laws and procedures must be used. Anyone in California who has been the victim of workplace discrimination should know and protect their legal rights.

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