Los Angeles Workplace Discrimination Lawyers
As an employee in California it is important that you understand your rights regarding workplace discrimination. Both California law and federal laws prohibit discrimination in the workplace.
In the city of Los Angeles, the state of California, and the country overall, it is against the law for an employer to discriminate against an employee based on factors such as race, gender, sexual orientation, or disability.
Please don’t hesitate to contact our team of discrimination lawyers in Los Angeles today if you have any questions or need help with your case.
At WRLG We Are Experienced Workplace Discrimination Attorneys Assisting Employees in California
If you believe that you have been discriminated against, our Los Angeles workplace discrimination lawyers want to hear your story.
What Constitutes Workplace Discrimination?
Federal and states law protect against workplace discrimination.
In California, the California Fair Employment and Housing Act prohibits an employer from discriminating against an employee or potential employee based on:
- Religious creed;
- Genetic information;
- Medical condition;
In addition to the above characteristics, it is against California law for an employer to prohibit an employee from speaking a language other than English in the workplace, unless the restriction is based on a justifiable business necessity.
At the federal level, the Equal Employment Opportunity Commision (EEOC) also provides protection from employment discrimination under Title VII of the Civil Rights Act of 1964. Individuals are protected from workplace discrimination on the basis of the following:
- Age (40 and older),
- Race or ethnicity,
- National origin,
- Gender, and
- Taking leave under the Family and Medical Leave Act (FMLA).
While federal law affords various protections, California law is more expansive. California provides broader definitions for terms such as mental and physical disability, medical condition, and more.
Therefore, if you satisfy any of the above criteria, you are a protected class and possess rights against discrimination in the workplace.
What Constitutes Discrimination in the Workplace?
Discrimination is treating a person differently based on any of the characteristics listed above and not job performance alone. For example, promoting someone to a higher role based on their skin color, or denying someone else a promotion based on their marital status, are forms of discrimination.
Refusing to hire someone, failing to pay a worker the same wage as other workers, excluding certain workers from opportunities, denying the use of company facilities, or issuing layoffs that only affect certain types of workers are all examples of discrimination.
Discrimination also includes all forms of harassment that are based on personal traits, such as using racial slurs to describe a person.
How Can I Prove Discrimination in the Workplace?
Proving workplace discrimination can be difficult. It’s important to note that the discriminatory intent need not be the only basis for the action. Workplace discrimination may occur even if the action is also supported by a valid legal reason. Two types of evidence are used to prove workplace discrimination—direct evidence and indirect evidence.
Direct evidence is evidence of conduct or statements by your supervisor or employer revealing a discriminatory motive for the adverse employment action you suffered. Indirect evidence is circumstantial evidence of the discrimination experienced. This is the most common type of evidence in a discrimination case. This is due to the fact that direct evidence is rarely available. Whether there is indirect evidence of workplace discrimination can be determined by answering the following questions:
- Am I in a protected class?
- Was I qualified? For example, was I qualified for a promotion or pay raise I did not receive?
- Did my employer take adverse action against me?
- Was I replaced by someone who was not in a protected class? For example, do I have a disability and was replaced by someone without a disability?
- Was I treated negatively compared to someone with the same education, qualification, and experience who is not in a protected class?
- Are there less people of your protected class at your workplace?
- Is there a pattern of bias against individuals in a protected class at your workplace?
There are multiple variations of workplace discrimination in the workplace. These include subtle examples and blatant instances of discrimination. Our employment discrimination lawyers are here to analyze the facts and evidence of your case to help you determine if you’ve been the victim of discrimination.
You Have the Right to Take Action
If you believe you’ve been discriminated against, you have legal rights and you have multiple options.
You can contact a lawyer right away.
Or you can file a complaint on your own against your employer with the federal Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) and ask them to investigate. (To file with the DFEH, you can file an “intake form” online, but make sure you do so within one year from the date the discriminatory act took place.)
Or you could complain directly to your employer. Or contact WRLG, and we’ll help you go through all your options so you can make the best choice.
In some cases, you may be able to resolve your dispute with just the assistance of your employer or the DFEH or EEOC. But if that’s not possible or doesn’t work, getting a qualified discrimination attorney’s help may be necessary.
If a discrimination lawsuit is ultimately necessary, get the assistance of an experienced workplace discrimination attorney in Los Angeles.
In a lawsuit, you can seek money damages for lost wages/benefits to date and future lost earnings, for out of pocket expenses you’ve suffered, and for your emotional distress. You may be able to seek reinstatement to your old position. Punitive damages may also be available.
And in all cases, you can seek an order that the employer pays for your reasonable attorney’s fees.
Contact Our Los Angeles Workplace Discrimination Attorneys Today
The employment discrimination lawyers at Workplace Rights Law Group possess nearly a century of combined legal experience in employment law.
Our attorneys take pride in providing all clients with strategies unique to the facts of their particular case. Additionally, we’ve represented employers and understand their legal strategies and how to beat them.
Workplace Rights Law Group’s practice focuses on workplace discrimination, sexual harassment, wage and hour disputes, wrongful termination, and whistleblowers.
If you believe you’ve been discriminated against in the workplace, don’t hesitate to contact our experienced team of discrimination lawyers in Los Angeles. We are here to analyze the facts of your case for free today!
Contact us by phone or online to schedule your consultation.