Discrimination
Get Help From an Experienced Employment Attorney in Palmdale, CA
If you’ve been fired, passed over for a promotion, passed over for a position (during the initial hiring process), or otherwise subjected to an adverse employment action due to your identity as a member of a protected class. You can entitle to significant compensation under state or federal law. Despite the fact that significant strides have been made in the overall work culture and hiring/management policies implemented by employers throughout the state of California. Employment discrimination is a serious and continuing issue.
Most employers will deny that they have discriminated against an employee and may not even be fully aware that they have engaged in discrimination. In truth, what are asses to be misconduct can vary significantly depending on the individual and the industry in which you are doing your job. This perception should not govern your decision to pursue a discrimination claim against your employer. Your right to compensation is not subject to the whims and personal insensitivities of your employer (or overall work environment). California establishes reasonably clear rules for discriminatory conduct in employment.
Intolerance In Employment
At Prestige Law Personal Injury & Car Accident Lawyers, we understand just how difficult it can be to make the decision to pursue a lawsuit against your employer. You may feel emotionally conflicted over your suffering due to discrimination your desire not to cause any harm.
It’s important to understand that you have a right to recovery under the law. If you have suffered intolerance in employment. Pursuing your legal options not only gives you the opportunity to help create a more inclusive and just work culture for all Californians. But you might also learn that you may qualify for financial compensation for your own situation. We’re here to assist you. Contact our employment attorney in Los Angeles today to learn more about our services and how to move forward with your claims.
For now, let’s take a look at the basics elements of a discrimination claim.
Basics of a Discrimination Claim
In California, employers are subject to both federal and state laws that prohibit intolerance against employees on the basis of their membership in a protected class. Protected classes include race, color, national origin, religion, sex, disability, age, sexual orientation, marital status, and more. There may also be additional classes defined by various localities. In some cities in California, for example, an employer may not discriminate against an employee on the basis of their weight.
So, how do you know whether you’ve suffered discrimination?
In California, discrimination involves “unfavorable treatment” due to one’s membership in a particular protected class. What constitutes unfavorable treatment (in comparison to other employees) can vary quite a bit, depending on the protected class.
intolerance typically takes one of four different forms:
- Specific, adverse employment actions taken against the employee on the basis of their membership in a protected class;
- Implementation of company policies that have a disparate impact on employees who belong to a protected class;
- Failing to reasonably accommodate a disabled employee or an employee who requires religious accommodations; and
- Maintaining a work environment that involves consistent harassment towards an employee on the basis of their membership in a protected class.
These can be difficult to understand without additional context, so let’s provide some.
Adverse Employment Actions
Specific, adverse employment actions include conduct. Such as refusing to give an employee a promotion or a raise, forcing the employee to move to a different location, or terminating an employee because of their identity as a member of a protected class. For example, if you become disable because your employer does not think you are a capable manager due to you being a woman. Then you will almost certainly have an actionable discrimination claim.
Discrimination claims based on “disparate impact” can be uniquely challenging to litigate. As you must be able to show that there is discrimination without actual intent. Simply put, the disparate impact at issue must be sufficiently severe to qualify as discrimination even without intent. For example, a “no beards” policy may have a disparate negative impact on employees of certain religious faiths (i.e., Muslims), and maybe sufficiently targeted that it qualifies as discrimination.
Understanding Different Forms of Discrimination
In the context of discrimination. There are many different protected classes, members of which enjoy significant rights with regard to pursuing a discrimination-related employment dispute in California. Though the basic, underlying factors that govern the discrimination at issue are the same. A discrimination claim can take on a somewhat different character (and may require a different litigation strategy) depending on the protected class of the plaintiff involved in the case.
Racial Discrimination
Racial discrimination involves discrimination against an employee on the basis of their ethnicity or racial heritage. This can be broad or highly specific. For example, an employer may be found liable for discrimination. If they take adverse employment action against you because you are “Black.” In the alternative, they may be found liable if they discriminate against you. Because you have a “Yoruba” ethnic heritage.
Color Discrimination
Color discrimination is a subtle form of discrimination that is unfortunately common. Even among people who share the same racial or ethnic heritage. For example, an employer might treat an Indian employee more favorably because he or she is light-skinned. Whereas they might treat another Indian employee poorly because he or she is dark-skinned. Despite the fact that both employees share the same racial background. This would constitute color discrimination.
National Origin Discrimination
Employers may not discriminate against employees on the basis of their national origin. This can be a major issue in some workplaces, as sensitivity to other peoples’ national origin (and culture) is not as widespread or well-accepted as sensitivity to other peoples’ racial heritage or gender.
Age Discrimination
Age-related discrimination is rather common in more youthful industries. Such as the tech industry in Silicon Valley. Employees may find that they are slowly pushed out of the workplace through aggressive monitoring/review tactics or may inspire to shift into a department of the company that is older. If you are a capable employee and have no serious conflicts with your co-workers. Then it’s certainly possible that the adverse actions being taken by your employer are founding on age-related discrimination.
Disability Discrimination
Reasonable accommodations should give to Disabled employees. The core issue in disability discrimination is typical whether the employer provided a reasonable accommodation. The limit established by law is undue hardship — if the accommodation would create an undue hardship for the employer. Then they are not able to provide it.
Religious Discrimination
Employees are also protected from religious discrimination. Religious discrimination may take many forms but like the disabled. Such employees also have a right to request reasonable accommodations for their religious beliefs.
Sex Discrimination
Sex discrimination works both ways in California: both men and women may bring a discrimination lawsuit against their employer for sex discrimination. It applies somewhat more broadly than many people anticipate — for example, if your employer fires you because you have become pregnant, that may qualify as sex intolerance (as it is directly related to your gender). Similarly, if an employer makes negative comments about your work and claims that you work poorly during “menstruation,” that would almost certainly qualify as sex discrimination.
Procedures for Pursuing an Employment Discrimination Claim in California
If you are intending to file a lawsuit against your employer for employment discrimination. There are certain procedures that you must follow, and our employment attorney in Los Angeles can assist you with your claims. In California, you must initially file a complaint with the Department of Fair Employment and Housing. After which you will go through an administrative process in which your claims are solving. During this administrative process. The Department will either find in your favor, find against you, or dismiss your case. If the Department finds against you or dismisses your case. Then you are able to pursue litigation in court.
It’s worth noting that if you do not wish to go through the administrative process. Then you may request the right to sue the defendant immediately.
Contact Prestige Law Personal Injury & Car Accident Lawyers to Schedule a Free and Confidential Consultation With an Employment Attorney in Palmdale
Litigating an employment dispute that centers around discriminatory conduct can be quite a challenge. In bringing such a lawsuit, you’ll have to gather and present sufficient evidence to prove that your employer not only engaged in the adverse conduct at issue. But also that it is drive by a discriminatory motive. Doing so requires truly comprehensive, detail-oriented advocacy.
We can help
At Prestige Law Personal Injury & Car Accident Lawyers, our attorneys have decades of experience representing plaintiffs in a variety of employment disputes. Including discrimination-related lawsuits. We understand the emotional and financial burdens that plaintiffs are often saddled in the wake of employment discrimination and are committed to helping clients overcome the challenges associated with such litigation and securing the compensation they deserve.
Unlike many other firms, we are ready, able, and willing to take a case to trial when necessary to effectively serve our client’s best interests. This aggressive approach to litigation (in the employment discrimination context and otherwise) allows us to exercise additional leverage at the negotiating table. Thus pushing the defendant towards a more favorable settlement compromise.
Call 818-788-0808 or send us a message online to schedule a free and confidential consultation with an experienced employment attorney in our Los Angeles office. Though we operate two offices in Southern California (Palmdale and Sherman Oaks). We also regularly represent clients located in Northern California.