Workplaces are demanding and challenging, but they can evolve into unbearable and volatile when discrimination and retaliation enter the picture. Many employees are acquainted with what direct discrimination based on their race, gender, or disability is and looks like. However, fewer workers are cognizant of “associational discrimination” when employees face adverse actions due to their connection with somebody in a protected class or with a protected characteristic. Under the Fair Employment and Housing Act (FEHA), California offers vital protections against this form of discrimination, providing employees with essential rights and avenues for recourse.
What is Associational Discrimination?
Associational discrimination ensues when an employer discriminates against an employee because of their relationship with someone who belongs to a protected class. Under FEHA, this signifies an employee cannot be treated unfavorably due to their association with individuals who have disabilities or based on other protected characteristics, such as race, religion, or gender. The protections ensure that employees are not penalized for their personal relationships, whether family, friends, or partners.
For instance, if an employee is married to someone with a disability and faces adverse job actions because their spouse’s condition is seen as a burden or a distraction, this could be a case of associational discrimination. Another example is termination due to their employer’s disapproval of their interracial marriage, which could also constitute association discrimination.
How to Recognize Associational Discrimination in the Workplace
Identifying association discrimination can be complex, but there are definitely telltale signs that can highlight this form of prejudice and intolerance. Signs to watch out for include, but are not limited to:
Unjustified Adverse Actions: If you’re receiving negative performance reviews, being passed over for promotions, or even being fired without any valid reasoning to back up the sever employment action, and you may suspect it’s linked to your association with a protected person, it could be discrimination.
Changes in Treatment: Noticeable changes in how colleagues or supervisors treat you after they become aware of your association with someone in a protected person could be discrimination. Such work-related changes can manifest as exclusions from meetings, social events, or key projects.
Discriminatory Remarks: Comments or “jokes” about your relationship, whether based on race, disability, or another protected characteristic, can be evidence of a discriminatory environment.
When looking for signs of retaliation, you can also look for the timing of adverse actions, patterns of behavior forming or forming, and, again, any noticeable or more subtle but present changes in how you are treated by your supervisors or colleagues after participating in a protected activity, as this can be indicative of retaliation.
Measures You Can Take Against Associational Discrimination at Your Job
If you are the victim of associational discrimination, taking immediate yet strategic action, starting with documentation, is critical. You want to document everything! Record all incidents, including dates, times, locations, people involved, and witnesses. These forms of documentation can be vital in building a solid case. Next, you will want to report the discrimination. Use your company’s formal complaint process to report the discrimination. If your place of work has a Human Resources (HR) department, file your complaint through them, but make sure you follow up in writing, as this will initiate a paper trail (another form of documentation). Next, consult with an employment law firm who specializes in discrimination cases. They can provide valuable advice on your rights and the best course of action. Lawyers can also help you navigate the complexities of filing a claim under FEHA or other applicable laws.
Legal Protections in California for Employees with Disabled Family Members
California’s FEHA provides strong protections for employees with family members who have disabilities. FEHA prohibits employees from discrimination against an employee because of their association with a disabled person. The legal shield extends beyond even the Americans with Disabilities Act (ADA), which offers similar protections but a narrower scope. The ADA specifically prohibits discrimination against an employee because of their known relationship or association with an individual with a disability. Under the ADA, an employer cannot take adverse actions against an employee due to their association with a disabled person, whether that person is a spouse, child, or another close relation.
However, FEHA’s provisions are more expansive and comprehensive. In addition to covering all the protections under the ADA, FEHA applies to a broader range of associations and provides more extensive remedies. Here’s how FEHA offers exceptional protection:
- Broad Definition of Association: FEHA covers a wide range of relationships, ensuring that any adverse employment actions taken due to an employee’s association with someone with a disability are prohibited. This means not just family members but also close friends, roommates, and others who may not be related by blood or marriage are protected under FEHA.
- Comprehensive Coverage: FEHA covers all employers with five or more employees, which means a larger number of employees are protected under this state law compared to the ADA, which applies to employers with 15 or more workers in California who can tremendously benefit from these protections.
- Stronger Enforcement Mechanisms: Under FEHA, employees have access to the Department of Fair Employment and Housing (DFEH) to file complaints and seek justice. The DFEH has the authority to look into complaints, mediate disputes, and, if necessary, bring cases to court on behalf of employees. State-level enforcement can be more responsive and tailored to the needs of Californian workers.
- Remedies and Compensation: FEHA allows for a broader range of remedies for victims of discriminatory acts and practices in the workplace. Employees can seek compensatory damages for any emotional duress, lost earnings, and other corresponding costs and losses. Additionally, FEHA permits the awarding of punitive damages in cases where an employer’s conduct is found to be especially egregious and thus is designed not only to compensate victims but to deter any future discriminatory actions and wrongdoings by the employer, hopefully protecting other employees and future workers.
- Specific Provisions for Family and Medical Leave: FEHA complements other state regulations, such as the California Family Rights Act (CFRA), which provides additional protections for employees needing to take leave to care for a disabled loved one. Together, the laws ensure workers can take necessary time off without jeopardizing their job security or facing retaliation upon their return.
The Importance of FEHA Protections
Protections under FEHA are vital for fostering inclusivity and support within work environments across California. Employees who are caregivers or who have close relationships with individuals with disabilities often face already unique challenges that can impact their work life and sometimes tremendous hardships if their family member, friend, or partner’s health is currently diminished. Without hearty legal protections, these employees might be pushed to choose between their jobs and their loved one’s well-being.
For instance, an employee may need to take some time off from work to attend medical appointments or provide care during a health crisis. Under FEHA, employers are mandated to supply reasonable concessions and cannot penalize the employee for fulfilling their caregiving obligations. These accommodations can include allowing for flexibility in work schedules, granting leave, or making other adjustments to enable the employee to balance work and caregiving.
Moreover, awareness of and enforcement of these protections stimulate the development of fairer policies and practices that accommodate employee needs. When employers facilitate and establish such adjustments and updates to the policy, they not only support the existing goals of state and federal laws but also benefit those directly affected by associational discrimination and contribute to a more equitable and empathetic workplace culture.
Legal Support from a San Bernardino Employment Attorney
If you have experienced associational discrimination or discrimination of any kind at your job, contact an experienced California employment lawyer for a confidential and free initial consultation. They can help examine the details of your case, establish points of associational discrimination, and organize evidence such as documentation and records you may have in your possession, from witness statements to emails and performance reviews. Further, your employment law firm will bring sharp negotiation tactics, legal strategies, and settlement assistance. They will also provide litigation support if needed should your case go to court. Lastly, a skilled and experienced San Bernardino employment attorney will help you manage the stress that retaliation can bring and guide you through seeking a just and fair outcome.
