How California Employers May Try to Hide Discriminatory Practices

Like in other states, it’s illegal for employers in California to discriminate against employees. In California, it is unlawful for an employer to discriminate against an employee because of their age, color, ancestry, gender identity, race, religion, or other protected characteristic. Employees who face discrimination in the workplace have legal rights. If an employer discriminates against you, you can file a complaint with the California Civil Rights Department (CRD). You can also file a private lawsuit in court. Because employers know the potential legal consequences of discriminating against employees, they sometimes take steps to hide their discriminatory practices. Understanding the tactics employers may use to cover up discrimination can help you recognize when your rights are being violated and take the necessary steps to protect yourself.  

Indirect Methods Employers May Use to Hide Discrimination

Employers often will not use direct methods to hide discrimination. Instead, they will try to conceal their biased decisions through indirect methods. The following are some of the indirect methods California employers may try to use to cover up their discriminatory actions;

Using Vague Reasons for Decisions

A common tactic California employers use to hide their discriminatory practices is relying on vague reasons for decisions. For instance, an employer might claim that a worker is not a “cultural fit.” While sometimes it is true that a worker is not a cultural fit, this is a vague enough term that could be used to hide discrimination. Employers may also claim that an employee needs “stronger leadership skills.” However, without sufficient evidence, this might be a way of hiding discrimination.

Referring to False or Exaggerated Performance Issues

An employer might argue that an employee is performing poorly, even if their track record shows otherwise. By citing false or exaggerated performance issues, an employer can create a reason to mistreat the worker.

Unevenly Applying Policies

Some work rules might seem fair when, in reality, they are being used to target specific groups. Certain policies may be strictly enforced on workers from certain protected groups, while the same policies are not strictly enforced on workers from other protected groups.

Fabricating Evidence

Sometimes, employers may invent records after discriminating against employees to cover up their discriminatory actions. For example, an employer might create false records of alleged violations after the fact to justify their illegal actions.

Unfair Treatment Among Employees

One of the obvious signs of employment discrimination is when workers in the same situation are treated differently. For instance, individuals belonging to a particular protected group may receive better opportunities, or some workers may be punished more strictly than others, even for similar behavior. If you notice that rules are applied differently to different workers or that some individuals get more opportunities, this could be a sign of discrimination.

Retaliation to Silence Employees

In addition to hiding discrimination, some employers use retaliation to silence workers who try to speak about discrimination. Retaliation is illegal and can take many forms, including demoting employees, creating a hostile work environment to force workers to quit, and terminating employees under false pretenses.

Evidence That Can Reveal Cover-up

If you believe an employer has discriminated against you and tried to cover it up, it’s crucial to collect evidence. Evidence that can reveal cover-up includes communications that contradict the employer’s stated reasons for their actions, testimonies from colleagues who witnessed discriminatory behavior, and documentation showing you’ve been treated differently from other workers.

Contact a California Employment Lawyer

Contact a California employment lawyer if you believe an employer has discriminated or retaliated against you.