Ventura, CA Workplace Discrimination Lawyer
An employment discrimination lawsuit is challenging and complex. It is essential to work with experienced Ventura, CA workplace discrimination lawyer when filing your case. The Law Offices of Bamieh & De Smeth, PLC have the knowledgeable attorneys and staff to aggressively fight for your rights. Call (805) 643-5555 to schedule a free appointment with our attorneys.
Employment Anti-Discrimination Laws in California
California provides its employees with additional protections on top of the federal anti-discrimination law. The Fair Employment and Housing Act (FEHA) offers broader protections than the federal government’s Title VII protections. Additionally, the FEHA does not contain the statutory damage caps that Title VII imposes, allowing victims to seek higher damages under California law than federal law.
Types of Ventura, CA Workplace Discrimination Lawsuits
Various types of biased practices could trigger an employment discrimination lawsuit. Under California law, a broad section of people in Ventura are protected from discriminatory practices by their employers.
Race and Color Discrimination
One of the most written about and talked about types of discrimination is racial discrimination. Ventura, CA employers who fire, fail to hire, or otherwise limit the opportunities of their employees based on their race are subject to anti-discrimination lawsuits.
Discrimination could also be based on the color of your skin. California law makes a distinction between race and color discrimination. For example, if you are not hired not because you are African American, but because the hue of your skin is darker than the majority of people already employed, you could bring a workplace discrimination lawsuit.
Discrimination based on religious beliefs or practices occurs in a variety of ways. If an employer fails to accommodate a request based on an employee’s religious belief, such as forcing a Jewish individual who works less than 7 days a week to work on the Sabbath, they could be held accountable for their decision. This type of discrimination also presents itself when the employee does not practice the same religion as the employer and is treated differently because of it.
National Origin and Ancestry Discrimination
An employer is prohibited from discriminating against a person because of their national origin. If you were not hired for a position because you were born in another country or a country your employer might not like, you could have a valid claim against the employer.
California also recognizes that discrimination occurs based on a person’s ancestry. Unlike your country of origin, ancestral discrimination is based on the people from which you descended. If you lost a job because you are Hispanic with a Cuban heritage, then you might have been a victim of workplace discrimination, even if you were born and raised in the U.S. This is a broader form of protection than found under federal law.
Disability and Medical Condition Discrimination
One of the most common types of discrimination in Ventura workplaces is a bias based on physical or mental disabilities. Under California law, you could have a claim against an employer for firing you if you are disabled or for failing to make reasonable accommodations for your disability. Talk with our experienced Ventura anti-discrimination attorney if you believe your employer is not appropriately accommodating your disability.
Another reason people are fired is because of a medical condition. California law protects individuals from being discriminated against for health problems or issues. For example, you cannot be fired for being diagnosed with cancer.
Discrimination Based on Marital Status
If your employer made a hiring or promotion decision based on whether you were married, single, or divorced, you could have a discrimination claim against them. It is important to note that California law protects against adverse employment decisions based on your marital status, but does not extend this protection to your spouse in any way.
Sex and Gender Discrimination
Sex and gender can be confusing when it comes to discrimination. Ventura, CA is very protective of people discriminated against because of gender-related issues. Under the law, sex discrimination includes discrimination based on pregnancy, childbirth, breastfeeding, and gender. Sex discrimination also includes sexual harassment.
Gender discrimination also includes discrimination based on gender, gender identity, and gender expression. Under gender discrimination laws, a woman cannot be paid less for the same job as her male counterpart. Likewise, it is illegal to fire someone for being trans or gay.
Protections for gender and gender expression have grown over the last few years. Under California law, you cannot be discriminated against if you identify as a gender other than the one you were assigned at birth in Ventura. Gender expression is similar but is related to behavior and appearance. As such, you cannot be fired because you do not wear the stereotypical clothes or makeup associated with your biological sex, whether that be because you are nonbinary, genderqueer, or gender-non-conforming. This includes mannerisms as well, such as the way a person holds their hands or stands.
Additionally, you are protected from discrimination based on your sexual orientation. No matter where you fall on the sexuality spectrum – straight, gay, bisexual, pansexual, or somewhere else – you are entitled to the same protections as all the other protected classes.
In the recent Supreme Court case, Bostock v. Clayton County, Georgia, the Court ruled that gender and sexuality are inherently protected under sex discrimination laws in Title VII because treating someone differently because of sex-based expectations about their gender or romantic interests is inherently sex discrimination.
Often experience and the wisdom that comes with age are highly valued in the workplace. Nonetheless, if you are fired because of your age, you are entitled to seek compensation through an employment discrimination lawsuit.
Veteran Status or Military Service Discrimination
Unfortunately, many people who have sacrificed for their country are discriminated against based on their military or veteran’s status. California law protects our veterans from this type of discrimination.
Damages Available if You Were Discriminated Against in the Workplace in Ventura, CA
If you prevail in an employment discrimination lawsuit in Ventura, you are usually entitled to damages. You could be awarded economic damages that include the wages you would have earned if you had not been fired from your job or subjected to other adverse employment decisions. You might also be award noneconomic damages for emotional or mental stress related to the discrimination. Our Ventura anti-discrimination attorneys will work to see you receive compensation for depression, anxiety, or any other psychological suffering.
Under California law, if you win a work discrimination lawsuit, you could be entitled to reasonable attorney’s fees. This provides a mechanism to help you pay for an attorney if you are low on funds or not able to work after facing discrimination. Additionally, it provides an incentive for lawyers to take cases that do not have significant damages available.
Punitive damages could also be imposed on Ventura, CA employers who discriminate. These damages are not related to the monetary harm the plaintiff faces. Instead, they are imposed by the court to punish the employer for their conduct. To receive punitive damages, our California attorney will have to establish that your employer acted with malice, fraud, or oppression.
Call Our Venture, CA Workplace Discrimination Attorney for a Free Consultation
If you believe your Ventura employer discriminated against you because of your race, color, religion, age, gender, or national origin, you need to speak with our experienced Ventura, CA workplace discrimination attorney. Call the Law Offices of Bamieh & De Smeth, PLC, at (805) 643-5555 to schedule a free consultation.