DISCRIMINATION
California Employment Discrimination Lawyers
Facing discrimination at work is a painful experience. No one should feel mistreated or marginalized in their workplace, and we want to help you seek justice.
If you believe you are experiencing discrimination, you deserve to have your concerns heard. Contact us today for a free consultation.
Below are some signs that might indicate you are dealing with discrimination at work.
Signs of Employment Discrimination
Lack of Diversity
While not always the case, a lack of diversity in the workplace can sometimes be a sign of discrimination. If the demographic is overwhelmingly homogeneous—such as all straight, white males in the same age and economic bracket—and you don’t fit that profile, it may create an environment where discrimination is more likely to occur.
Gender Bias
Are women constantly passed over for top positions, even when they are more qualified? If a woman is working as a secretary while a less-qualified man is promoted to a manager position, this could be a sign of gender discrimination.
Problems with Promotions
If you are more qualified than your coworkers but consistently passed over for promotions, it’s a red flag. Discrimination may be at play if a less qualified individual is promoted instead of you.
How Coworkers Communicate
The way you are communicated with matters. Discriminatory behavior may not always be obvious but could show through how people talk to you—whether it's belittling, condescending, or making inappropriate jokes about your race, gender, religion, sexual orientation, or age.
How Much Work You Get
A sudden and unfair shift in your workload may indicate discrimination. If your accounts are taken away, causing you to lose out, or if you’re given an unmanageable workload that seems designed to set you up for failure, this could be a form of discrimination.
Unfair Discipline
Being disciplined for unreasonable or unfair reasons may be part of a larger scheme to create evidence for terminating you. This could be an attempt to justify firing you based on discriminatory motives.
Filing an Employment Discrimination Claim
It's essential to keep detailed records of all incidents that you believe are discriminatory. Documenting everything that happens will strengthen your case. Create a log that includes the date, time, and description of the event.
For example:
“March 31st, 2019 at 2:30 pm—Kevin followed me into the break room and made jokes about my religion.”
Also, keep a copy of emails you send to HR or supervisors, along with their responses. The more organized you are, the more it will help your California employment discrimination lawyer.
Tips for a Strong Employment Discrimination Claim
Be Vigilant
Employment discrimination cases can be challenging. Sometimes, employers may ignore your complaints or fail to take action. It’s your job to remind them that you deserve attention. Engaging a California employment discrimination lawyer is a good step to make sure your case is taken seriously.
Be Aggressive
You need to be assertive in making sure your concerns are heard, whether by your supervisor or the EEOC. Don’t let your case be forgotten. We can help you assert your rights and ensure that your case gets the attention it deserves.
Read Your Employee Handbook
Before taking action, thoroughly read your employee handbook. Understand the policies your employer has in place for handling complaints. If your employer fails to address your concerns, consider reporting to the EEOC or filing a lawsuit against them. We are here to help you through this process.
Employment Discrimination FAQ’s
How do I choose the right attorney for my workplace discrimination claim?
Choosing the right attorney for your workplace discrimination case is crucial, and there are three key factors to consider. First, look for a firm with expertise in employment law, particularly California labor and employment statutes. The attorney should have a deep understanding of the complex legal landscape surrounding these cases. Second, ensure the law firm is well-funded and has the resources to pursue your claim to the fullest extent. A firm with adequate resources can conduct depositions, gather necessary documentation, and advocate for you effectively. Third, select a law firm with trial experience. Many attorneys claim to be trial lawyers, but few have actually argued a case in front of a jury. Having a firm with proven trial experience ensures that your case is taken seriously by opposing parties and can increase the likelihood of a favorable settlement. If you have any questions about your discrimination case, don’t hesitate to call. We’re here to help you navigate your options.
What should I do if I’m being discriminated against at work because of my pregnancy?
In California, discrimination based on pregnancy is illegal, and both women and men have rights related to pregnancy and childbirth. Employers cannot retaliate against employees for being pregnant or for their spouse being pregnant. This includes rights to extended leave for recovery from childbirth, medical exams, and accommodations for pregnancy-related disabilities. If you feel that your employer is reacting negatively to your pregnancy, it’s important to understand your rights and seek legal advice. We can help you navigate the situation and ensure your rights are protected.
How should I go about filing a gender discrimination claim if I have been discriminated against at work because of my gender?
Gender discrimination in the workplace can take many forms, from being denied promotions or opportunities based on gender to receiving unequal pay. A notable case we handled involved a woman who was told she could only be a hostess or cocktail waitress at a bar, despite her qualifications as a bartender. If you believe you’ve been discriminated against based on your gender, whether in job assignments, promotions, or pay, it’s important to consult with an attorney. We can help you determine if you have a case and guide you through the legal process.
How do I know if I have a gender discrimination claim?
Gender discrimination can occur in various ways, including unequal pay or receiving fewer opportunities than others based on gender. If you suspect that you’re being treated unfairly in terms of job assignments, promotions, or compensation compared to male counterparts, you may have a valid gender discrimination claim. In California, discrimination based on gender is unlawful. If you’re experiencing gender discrimination, we’re happy to discuss your situation and help you understand your options.
What is important to know about the Americans with Disabilities Act (ADA)?
The ADA is a federal law that protects individuals with disabilities, both in work and non-work settings. In California, the Fair Employment and Housing Act (FEHA) also provides protection for employees with disabilities. If you’re an employee with work-related or non-work-related disability restrictions, it’s important to understand the distinction between the ADA and FEHA. Employers are required to accommodate disabled employees unless it causes undue hardship. If you have received work restrictions and believe your employer is not accommodating them, you have rights. Consulting with an attorney can help you understand those rights and ensure you’re treated fairly.
What if my employer doesn’t accommodate my disability?
Under California law, employers must engage in an interactive process to determine if they can accommodate employees with disabilities. If an employer refuses to accommodate your disability or places unnecessary obstacles in your way, they may be violating the law. You may be entitled to remain employed with accommodations or to be reassigned to a vacant position. If your employer is not following through on their obligation to accommodate you, it’s important to seek legal advice.
What should I do if I have been discriminated against at work because of my age?
Employees over the age of 40 are protected under California law from age discrimination. If you feel that your employer is targeting you because of your age, whether through unfair treatment or termination, it’s crucial to seek legal advice. Age discrimination can take various forms, and if you’ve been subjected to it, you may have a valid claim. We’re happy to discuss your situation and guide you through the next steps.
Can I file an EEOC claim while still employed by the company?
Yes, you can file an EEOC claim while still employed by the company. The steps you take will depend on your comfort level and the specifics of your situation. If you feel uncomfortable going to HR or confronting your employer directly, an attorney can help you explore other options for protecting your rights. We understand the challenges you face and are here to offer guidance on the best course of action.
Is it illegal for an employee hired after me to earn a higher wage?
In California, it is illegal for an employer to pay employees differently based on race, gender, or other protected characteristics. If you are being paid less than a new employee in a comparable position, it could constitute unlawful discrimination. California’s Equal Pay Act specifically addresses pay disparities between men and women in comparable roles. If you believe that you’re being paid unfairly, whether intentionally or unintentionally, you may have grounds for a claim. It’s important to understand your rights and take action as soon as possible.
What should I do if my employer is treating me differently than other employees?
If you’re being treated differently than your coworkers, it could be a sign of discrimination or retaliation. California law protects employees from being discriminated against for reasons such as race, gender, age, disability, or sexual orientation. If you feel that your employer is treating you unfairly based on any of these protected categories, it’s essential to talk to an attorney. We can help you understand if you have a case and provide guidance on how to proceed.
What are the damages available in a workplace discrimination claim?
In a workplace discrimination case, damages can include back wages, future wages (front wages), and compensation for emotional distress, among other things. As trial attorneys, we focus on ensuring that you receive fair compensation for the harm caused by unlawful discrimination or retaliation. If you have questions about the potential damages in your case, feel free to contact us. We’re here to help you get the compensation you deserve.
This combined FAQ offers valuable insights into workplace discrimination issues and how to navigate them. If you need further assistance, feel free to reach out.
Contact Our California Employment Discrimination Lawyers Today
If you believe you are the victim of employment discrimination, don’t wait. Reach out to a California employment discrimination lawyer for guidance. We are here to listen to your story, help you understand your rights, and take the necessary legal steps to help you achieve justice. Contact us today for your free consultation.