Workplace discrimination happens when an employee or job applicant of a protected class gets less favorable treatment because of a specific characteristic they may possess. In many cases, employers in California are prohibited by law from discrimination. Discrimination comes in many forms, from tattoo discrimination to harassment in the workplace. Such discriminatory practices can result in discrimination lawsuits.
Some examples of workplace discrimination include:
- Race discrimination: Racial discrimination is a type of unlawful discrimination where an employee receives unfair treatment because of they are of a certain race. The treatment could be a one-off action, or something far more ongoing and systemic, which could result in emotional distress. It’s important to remember that the treatment against someone in a protected category doesn’t have to be intentional to be illegal.
- National Origin discrimination: An employee’s national origin is the nation where that employee was born, or where the employee’s ancestors originated. It can also include the diaspora of multi-ethnic states and societies that have a shared sense of common identity that is identical, or similar, to that of a nation while being made up of several component ethnic groups. In the workplace, many discrimination cases involve an employee facing discrimination because of an existing prejudice a co-worker or employer has about that employee’s nation of origin. A discrimination case can be built around the various forms of abuse or harassment someone in a protected class may experience. An experienced discrimination lawyer can help a California worker build such a discrimination case.
- Gender discrimination: This can also be referred to as “sexism” or sex discrimination. It is a prejudice or discrimination based on an employee’s sex or gender. While gender discrimination can affect anyone, many think it primarily impacts female employees, women, and girls – but an employer’s conduct doesn’t have to be geared toward a female to count as illegal discrimination. Sex discrimination may also include the belief that one sex or gender is superior to another.
- Sexual orientation discrimination: Other legal issues around discrimination laws involve sexual orientation discrimination. These types of discrimination claims refer to harassment or differential treatment based on an employee’s perceived or actual sexual orientation (including being gay, lesbian, trans, or bisexual). Discrimination in this form is a violation of federal law and some state discrimination laws, as well.
- Age discrimination: is another type of employment discrimination. It includes stereotyping and/or discriminating against individuals or groups on the basis of their age. Like other types of discrimination, it can be casual or systemic. If someone is experiencing this type of treatment, contacting a law firm like Lawyers for Justice, PC is the best option. Not only do our discrimination lawyers fight hard to serve justice to those who have experienced workplace discrimination, but our law firm is also comprised of experienced employment law attorney teams who are not afraid to file a discrimination lawsuit for our clients.
- Disability discrimination: Disability discrimination can be another potential claim for those who are seeking legal help. Under the Americans with Disabilities Act, it was ruled as a violation of federal and state law for anyone to mistreat a person with a disability.A discrimination case centering around this occurs when an employer or coworker treats a qualified individual, who is an employee or applicant, unfavorably because they have a disability. It implies that they do not treat other potential hires, new employees, or other employees with the same violation of federal and state laws.
- Religious discrimination: Religious discrimination occurs when co-workers or employers treat a person or group differently because of a particular belief which they hold about a religion. While religion isn’t necessarily supposed to cross paths with an employee’s employment, if there is enough harassment or other examples of behavior that could be classified as abuse, a discrimination lawyer is good at collecting evidence to enforce anti-discrimination laws and file a discrimination claim.
- Equality discrimination: The Equal Pay Act requires that men and women in the same workplace be given equal pay for equal work. If not upheld, a civil lawsuit could be possible. The jobs do not need to be identical, necessarily, but they must be substantially equal. Job duties (not job titles) determines whether jobs are substantially equal. Employers who believe otherwise could be committing equal pay discrimination and might face an employment discrimination case.
If a California worker has suffered any adverse actions as a result of discrimination, they may have strong discrimination cases and should contact a discrimination lawyer at the Lawyers for Justice, PC law firm at once.
An adverse action can include: demotions, reprimands, reductions in pay, and termination. If an employer failed to promote or hire an employee because of any of the above, they may be entitled to substantial compensation or punitive damages for employment discrimination in the workplace.
For free legal advice on employment workplace discrimination, talk to our discrimination lawyer team by calling 818-647-9323.
For tips on how to prove workplace discrimination, click here.
California’s Law Protecting Against Discrimination
- California has comprehensive laws protecting workers from employment discrimination. The Department of Fair Employment and Housing (DFEH) protects California employees from discrimination based on many different factors, including: race, religion, gender, disability, sexual orientation, veteran status, and age (if the employee is over 40 years old).
- These protections generally apply to employers with five or more employees. It is enforced by the Department of Fair Employment and Housing (DFEH), who helps employees by providing a process for filing complaints.
- An employment discrimination lawyer is well-versed in these laws and can advise if the adverse action an employee faced constitutes enough evidence to pursue and employment law discrimination lawsuit.
Federal Laws Protecting Against Discrimination
There are several federal laws against workplace discrimination that discrimination lawyers can help enforce.
- The Civil Rights Act of 1964 prohibits employment discrimination based on race, sex, color, religion, and nationality. If an employer does not stay up-to-date on this, an employment lawyer can take action on your behalf.
- The Americans with Disabilities Act specifically protects people with physical and mental disabilities from unfair discrimination. If this Act is violated, a discrimination attorney can file an employment discrimination complaint on behalf of the disabled person.
- The Equal Pay Act of 1963 stops employers from having different rates of pay between the genders for the same work in many situations. Likewise, an employment lawyer or discrimination attorney can help right this wrong if it is not being upheld in the workplace.
- The Age Discrimination Act protects against age-related discrimination against older workers.
- The Genetic Information Nondiscrimination Act of 2008 prohibits employers from using the genetic information of current or prospective employees when hiring, firing, or making other employment decisions. An experienced employment lawyer has more information on legal issues regarding this and how it could pertain to one’s national origin.
Contact the Lawyers for Justice, PC law firm Today for a Free Consultation with a discrimination lawyer. in our free consultation, Our team members listen to the specific intricacies of each case that comes our way so we can best evaluate if and how our discrimination lawyers can help. we are not defense attorneys; we are discrimination lawyers who fight for the people who are being discriminated against.
If there is discrimination in the workplace, the discrimination lawyers at our law firm can help. We’ll determine if an employer or employee violated any federal or state laws and decide if financial recovery is a viable option .
To get started, call (818) 647-9323 and receive a free consultation, today.
What does a Discrimination Employment Attorney Do?
Discrimination lawyers help their clients get justice for unfair work practices in court. They offer a variety of tactics and strategies to pursue cases associated with all types of discrimination.
An employment discrimination lawyer upholds a strict attorney-client relationship and does not disclose personal or pertinent information with anyone except their client.
How To Win Against Employment Discrimination:
There are various ways to prove workplace discrimination, but it is specific to the nuances of each case. However, the bottom line is that the discrimination lawyer must prove employment discrimination took place.
How does that happen?
Whether it’s a civil rights act violation or another type of discrimination, a lawsuit that seeks justice for an employee must demonstrate the presence of discrimination through proof. Employment discrimination lawyers will have many meetings with the client and other parties involved in the case to obtain the sufficient proof they need to win. They need to prove that a state or federal law was violated.
If you believe you are experiencing workplace discrimination and are seeking legal assistance, you may want to consult with an employment lawyer who specializes in discrimination law. These attorneys are knowledgeable about employment laws and can provide guidance on your rights and options. Here are steps to find workplace discrimination lawyers:
Workplace Discrimination: FAQ
how to report discrimination in the workplace? It’s always a good idea to report employment discrimination – whether its age discrimination, gender discrimination, religious discrimination, national origin discrimination, sexual orientation discrimination, or another type of discrimination in the workplace – to the company’s HR department. Anti discrimination laws are in place to protect workers from unfair treatment. It is best to submit a written discrimination formal complaint that includes the time, date, and location of where the illegal discrimination occurred. Verbal workplace discrimination complaints can be contested. The written employment discrimination claim should also include:
- The names of all the people who were involved with the workplace discrimination, and their job role.
- The names of all people who witnessed or overheard the discrimination-based behavior, and what you believe those people saw or heard.
- A detailed account of everything that happened.
how to prove workplace discrimination? Having witness to corroborate the workplace discrimination claims can be very beneficial. And if other employees have experienced the same discriminatory practices, there could be ground for a class action lawsuit. Besides witnesses, working with an employment discrimination lawyer or discrimination law firm can greatly increase your chances of proving workplace discrimination. Employment discrimination lawyers, like the ones at Lawyers for Justice, PC have an in-depth knowledge of state laws and federal laws and can fight against employment discrimination to get workers what they deserve.
how do you handle discrimination in the workplace? When experiencing employment discrimination of any kind, it is always important to report incidents of workplace discrimination or abusive and harassing behavior to a supervisor, Human Resources department, union, or management. If you experience or witness discrimination or harassment contact EEOC (Equal Employment Opportunity Commission) for additional options.
how does discrimination affect the workplace? There are various impacts and effects that employment discrimination can have on the workplace, including, but not limited to, employees who experienced workplace discrimination may take more time off, for mental health reasons, to remove themself from the unlawful discrimination. Employment discrimination can also affect staff retention: those who experienced discrimination may quit, and employees who remain could become disengaged and unhappy, which could leads to poor work performance.
does discrimination in the workplace still exist? As of July 2023, according to a poll from CNBC, 91% of workers reported that they faced workplace discrimination — whether it’s based on race, gender, disability status, age, weight or another identifying factor.
how to combat discrimination in the workplace? Of course, hiring an employment discrimination lawyer or having employment discrimination attorneys fight on your behalf is crucial in combating workplace harassment and employer discrimination. However, prior to a discrimination lawsuit, companies should educate their workers on basic human rights, tolerance and cooperation, and the legal consequences of race discrimination, disability discrimination, and other discrimination-based behavior.
which government agency oversees discrimination in the workplace? The Equal Employment Opportunity Commission (EEOC) enforces laws that make discrimination illegal in the workplace. The commission oversees all types of work situations including hiring, firing, promotions, harassment, training, wages, and benefits.
how to deal with racial discrimination in the workplace? If a potential employee experienced discriminatory hiring practices in a job interview, or if a current employee felt state laws were violated because of racial discrimination in the workplace, the employee should report the behavior at once and consider hiring an employment discrimination lawyer.
Call Lawyers for Justice, PC for a free consultation with a team member at (818) JUSTICE.