Workplace discrimination remains an unfortunately common malady in our country. Fortunately, California has some of the strictest anti-discrimination laws in the country. No one should deal with prejudice at work or worry that their race, gender, disability, or other protected characteristic has impacted their pay or benefits.
If you believe you have been discriminated against, an employment attorney may be able to help. Our Lancaster employment discrimination lawyers at King & Siegel can help you stand up to unethical bosses and obtain the rights, benefits, and compensation you deserve under California and federal law.
What Is Employment Discrimination?
In California, employment discrimination is any behavior that demonstrates bias against an employee or prospective employee based on their identity or any protected class to which they belong. This conduct is prohibited by Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).
Conduct that constitutes employment discrimination may include:
- Relying only on word-of-mouth or agency recruiting that favors a particular race or gender of the employee;
- Relying on the capricious and discriminatory preferences of other employees, customers, or clients as the deciding factor for employment;
- Assigning or refusing to assign individuals to certain positions because of a protected characteristic;
- Not providing equal pay to workers in similar positions;
- Using customers’ or clients’ preferences to justify discipline, demotion, or discharge decisions; and
- Harassing behaviors from supervisors, employees, or customers that create a hostile work environment
When assessing employment discrimination, it’s essential to establish whether the conduct was objectively hostile or offensive and whether the employee was physically threatened or intimidated. You should also take into consideration the frequency of the conduct that occurred. For instance, one instance of unequal pay within the company or a single incident of discriminatory recruiting may constitute a mistake or a bad act, but it may not mean the company has committed employment discrimination.
The context in which the conduct occurred is also important. For example, an employee shows coworkers a photo of their dog on their phone. A colleague takes the phone for a closer look. While holding the phone, the colleague scrolls through the images without permission and happens upon a suggestive or sexual photo. That might not constitute actionable harassment or discriminatory behavior unless other conduct is involved.
How Can Lancaster Employees Protect Themselves Against Employment Discrimination?
Workplace discrimination is one of the most common ways employers violate employee rights. Legally speaking, discrimination is when someone is mistreated at work because of a protected characteristic. Protected characteristics include:
- Age,
- Race,
- Ethnicity,
- Marriage and family status,
- Religion,
- Sexual orientation,
- National origin,
- Disability,
- Gender and gender identity, and
- Sexuality.
This isn’t an exhaustive list because local and county laws sometimes add additional protections. Discrimination in the workplace can include insulting jokes or remarks and even physical assault. California’s Department of Fair Employment and Housing (DFEH) enforces state laws against discrimination. If you have been discriminated against, you can file a claim with the DFEH or the Equal Employment Opportunity Commission. At King & Siegel, we can help you navigate this process.
If you believe you are being discriminated against in the workplace, King & Siegel LLP welcomes you to call our legal team today at (213) 465-4802 for a free review of your case.
Types of Workplace Discrimination Claims We Handle
Our Lancaster employment discrimination attorneys handle many types of California discrimination cases, including:
- Age discrimination,
- Racial discrimination,
- Ethnicity discrimination,
- Pregnancy discrimination,
- Religious discrimination,
- Sexual orientation discrimination,
- National origin discrimination,
- Disability discrimination,
- Gender discrimination, and
- Sexuality discrimination.
Even if you do not see your specific type of claim listed here, please call us. We may be able to help you move forward with your employment discrimination claim.
How Do You Start an Employment Discrimination Claim?
Check Your Company’s Policies
Before filing with the EEOC or DFEH, be sure to review your company’s reporting policies. Reporting your complaint and opening an internal investigation can solve many claims without going to court. If your employer ignores your complaint or fails to resolve the issue, then it’s time to file a complaint with the appropriate agency.
Filing a Complaint with a State or Federal Agency
Employees have three years from the discriminatory act to file a claim with DFEH. An employee may also file a federal claim with the federal EEOC, but the time for filing is 300 days in California. Filing a claim with one agency automatically files a claim with the other due to a work-sharing agreement between the two. Who you file with first determines which agency will investigate. These timelines vary depending on the type of discrimination and your location. It’s always best to talk to an employment lawyer as soon as possible to make sure you meet the filing requirements on time.
If you cannot resolve the issue with your employer, the agency will issue a Notice of Right to Sue. This document allows you to take your case to court. An experienced employment lawyer can help you with the ins and outs of obtaining a right-to-sue letter and proceeding to court.
Obtaining Damages
Civil damages are usually the remedy in employment law cases. If you win your case against your employer, your award could include:
- Fair monetary compensation for any unfair employment practices they committed and monetary damages for whatever you lost due to those practices;
- Reimbursement for attorneys fees and other litigation expenses;
- Compensation for lost future earnings or reinstatement of the employee’s position;
- Compensation for emotional pain and suffering; and
- Punitive damages for egregious cases of workplace discrimination.
The facts of every case will differ. You may be eligible for some or all of these types of damages. Speak with a member of the King & Siegel team to find out more.
Speak with an Experienced Lancaster Employment Discrimination Lawyer Today
Our employment discrimination attorneys at King & Siegel were educated at the best law schools and honed their skills at some of the world’s largest law firms. We see it as our mission to protect California’s workforce. Our team has the skill, the passion, and the track record to help you. We have won millions for mistreated employees. Let us help you. Whether you are experiencing discrimination, retaliation, sexual harassment, wage & hour disputes, or need whistleblower protection, don’t wait – call us! Contact us today for a free case review.