Being discriminated against on the job can be emotionally challenging, but it can also affect your ability to earn, which makes it a primary concern that should not be overlooked. As an employee, you may feel as if there is very little that you can do in the face of discrimination, but with an experienced California employment discrimination attorney in your corner, you’ll be well prepared to protect your rights.
Protected Classes
The California Fair Employment and Housing Act makes it against the law to discriminate against employees in a wide range of protected classes that include all the following:
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One’s race, color, national origin, ancestry, or religious creed
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A physical or mental disability
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A medical condition or specific genetic information
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One’s marital status
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One’s sex, gender, gender expression, gender identity, or sexual orientation
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One’s age – if 40 or over
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One’s military or veteran status
Filing Your Claim
Before you can bring your employment discrimination case, it’s generally necessary to file a complaint with the Civil Rights Department (CRD). Employees usually need to exhaust all administrative remedies, including the CRD complaint process, prior to filing a lawsuit. You can, however, seek an immediate right-to-sue notice that allows you to bypass the CRD investigation process, but CRD reports that this is only advisable if you have a seasoned California employment discrimination attorney on your side, which is always in your best interest.
Having Your Employer Served
Once you and your skilled legal counsel have filed your lawsuit, which is called the complaint, it will need to be served to your employer and to anyone else whom you name as a defendant in the complaint. From here, the defendant or defendants can respond to your allegations via a formal answer that generally triggers the litigation process. Many cases of this kind are ultimately settled out of court, which is generally less time-consuming, less stressful, and less costly.
Proving Discrimination
Employers are all too aware that overt discrimination can lead to legal concerns, and as a result, discrimination is often quite subtle – but still very real and very damaging. For example, your employer is unlikely to put anything in writing or to make any obvious comments that anyone else could hear. As such, proving discrimination is often based on factors like the following:
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Demonstrating that you are treated differently than other employees are
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Demonstrating that your employer exhibited a change in attitude toward you in relation to discovering that you’re part of a protected class
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Experiencing an unexplained shift in job performance reviews
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Being excluded from events and meeting
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Experiencing a change in your responsibilities or workload
This list could go on – discuss your concerns with a trusted employment discrimination attorney today.
It’s Time to Consult with an Experienced California Employment Discrimination Attorney
The focused California employment discrimination attorneys at Bamieh & De Smeth – proudly serving both Ventura and Santa Barbara – recognize the harm discrimination on the job can cause and dedicate their imposing practice to helping valued clients like you overcome it. Learn more by contacting or calling us at 805-643-5555 for more information today.
