California Employee Discrimination Attorney
Discrimination takes many forms in California workplaces. If you believe you have experienced discrimination of any kind, contact our California employee discrimination attorney to discuss your options and legal rights. Call the Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555 to schedule a free appointment.
Types of Employee Discrimination in California Workplaces You May Sue For
Discrimination comes in many shapes and forms. It also affects a wide variety of employees in California workplaces. While many people understand that racial discrimination is illegal, they might not be aware of the full spectrum of people protected under California’s powerful anti-discrimination laws. Some of the types of employee discrimination that our office vigorously fights against are listed below.
Unfortunately, age discrimination is not a rare occurrence. Often, a business will purposefully hire a younger candidate simply because of their age. Additionally, older employees could be passed over for promotion opportunities or paid a lower salary.
Both California and federal laws prohibit discrimination based on an employee’s mental or physical disabilities. Types of conduct often associated with disability discrimination include refusing to hire someone or firing someone because of their disability. It also could exist in the course of employment, such as limiting promotion opportunities or offering different benefits. There is a complicated balancing act between providing reasonable accommodations for someone and the burden it places upon the business. It is important to talk with our knowledgeable California lawyer.
Gender discrimination is not sex discrimination. Legally, gender relates to common cultural characteristics traditionally associated with the sexes and not a person’s biology. The Supreme Court has recently held that Title VII’s language protects people from discrimination based on their identified gender. In California, anyone could be a victim of gender discrimination regardless of whether they are cis or trans, and regardless of what gender they are.
Women often face discrimination in the workplace due to pregnancy. A person should not be denied maternity leave or fired for having a child. If you believe you were mistreated because of your pregnancy, call our California employment discrimination attorney.
One of the most publicized and well-known types of discrimination is racial discrimination. The California Fair Employment and Housing Act (FEHA) provides residents of California greater protection than the federal anti-discrimination laws. California law also prohibits discrimination based on skin color, national origin, or characteristics traditionally related to a person’s heritage.
In California, it is illegal for an employer to discriminate against a person because of their religion. This prohibition includes an employee’s relationship with a person of a different religious belief. An employer must offer reasonable accommodations to allow a person to practice and observe their religion. People are entitled to their religious holidays, clothing, and rituals.
Sex discrimination is based on a person’s biological sex rather than their gender. A typical example of this type of discrimination is paying a woman a lower salary than her male counter-part. However, it is crucial to understand that this type of discrimination is not limited to females and that anyone can face discrimination based on sex.
How The California Fair Employment and Housing Act Protects Victims of Workplace Employee Discrimination
California has taken steps to provide its residents with protections against discrimination in the workplace. The FEHA extends the protections afforded under Title VII of the federal law. First, it applies to employers with five or more workers, while Title VII only protects employees of businesses with 15 or more employees. More importantly, the FEHA does not put a cap on the damages a victim of discrimination could be awarded through a lawsuit.
Steps to Take if You Suspect You Are a Victim of Discrimination in a California Workplace
Discrimination lawsuits are complex and challenging. There are a number of steps you should take if you believe you are experiencing discrimination that will increase your chances of prevailing in legal action.
The most important thing you can do is document any conduct that you consider discriminatory. Your record should be detailed, including a description of the event, the date, the time, and any witnesses that could corroborate the incident. Be sure to keep copies of any emails or other documents that you believe contributed to or proves the discrimination.
Next, you should file a complaint with your supervisor, if possible, and your human resources manager. You want to inform your employer and start building a record of your experiences. Unfortunately, sometimes failing to take proactive steps in addressing discrimination could be deemed as approval of the conduct.
If you want to pursue a lawsuit, you must take an initial step. Before being permitted to file a case in court, you must file a claim with the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). Because of the strength of California law, our office typically advises filing with the DFEH. You should contact our California discrimination attorney to assist you with the claim.
Each agency could investigate your claim and attempt to resolve the issue. If that does not occur, a “right to sue” letter will be sent to you. This letter permits you to go forward with a lawsuit in a California court.
Call Our California Employee Discrimination Attorney for a Free Consultation
No employee in California should suffer discrimination while working or while looking for a job. People throughout the state experience discrimination for a variety of reasons. Fortunately, California law affords employees powerful protections against illegal conduct on the part of their employers. If you believe you were the victim of any type of discrimination, contact our California employee discrimination attorney immediately. Call the Law Offices of Bamieh & De Smeth, PLC at (805) 643-5555 to schedule a free consultation and review your case.