Every employee in California deserves fair, safe conditions at work. However, too many employers discriminate against employees in a particular group, which is against state and federal law.
Fortunately, the Irvine employment discrimination lawyers at Law Office of Joseph Richards, P.C., may be able to prove that a client was discriminated against and that this treatment was because of race, gender, sex, age, or other protected class. Learn more about employment discrimination in this blog post, then speak to Mr. Richards by phone today for a free consultation. Just call (888) 883-6588.
What Is Employment Discrimination?
The US Equal Employment Opportunity Commission (EEOC) defines what employment discrimination is, and also can be contacted to investigate claims:
- Unfair treatment because of color, race, religion, sex, pregnancy, marital status, national origin, age, or disability.
- Harassment by supervisors, co-workers, and others on the job because of your membership in a protected class.
- Denial of reasonable workplace changes you need because of your disability or religious need.
- Inappropriate questions about your medical information or genetic information. For example, if you have a physical disability, the employer cannot ask improper questions about your physical condition during the interview.
- Retaliation because you made a complaint about employment discrimination.
Which Laws Protect Workers Against Employment Discrimination?
Several laws protect you from employment discrimination at the state and federal levels. If you think your employer violated one or more of these laws, talk to our employment discrimination lawyers in Irvine immediately:
Title VII of the Civil Rights Act of 1964 is a federal law that protects workers against employment discrimination. However, the law only applies to entities with 15 or more employees. Other national laws that protect you from discrimination in the workplace are the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), and the Age Discrimination in Employment Act (ADEA).
California has strong laws that protect workers against employment discrimination. The California Fair Employment and Housing Act (FEHA) is the most significant law that bans workplace discrimination. This law applies to California employers with five or more workers.
Mr. Richards is familiar with these statutes and can review an employment discrimination case carefully to determine if the law was violated and a client was discriminated against. If the case can be proven, a client could receive compensation, including backpay, if appropriate.
What Are Examples Of Employment Discrimination?
There are many types of employment discrimination. However, the following examples are among the most common:
Racial discrimination at work is based on a person’s skin color, race, country of origin, or nationality. You could be racially discriminated against if you are not promoted because of your race or were given a less desirable job because you are a recent immigrant.
It is common for people to be discriminated against based on race in the hiring process. But just overhearing racially insensitive remarks in the workplace could be sufficient basis to make a workplace discrimination claim. It also is against the law to harass anyone in the workplace based on skin color or other protected class.
People 40 and over are in their own protected class in California and cannot be discriminated against in the workplace or hiring process. For example, you cannot be terminated, passed over for a raise or promotion, or made to retire simply because of your age. It is against state and federal law to discriminate against you because of your age. For instance, you could be an age discrimination victim if you were encouraged by your boss to retire because you are over 50.
Employers are also required to offer fair treatment to persons with disabilities. Disabilities that may be protected could involve hearing, seeing, mobility, and mental disabilities. Employers also must provide reasonable accommodations to disabled persons who request them. For example, if a client has a chronic back problem and must be on their feet at a sales job, a reasonable accommodation request could be to be allowed to sit for part of the workday.
Sex And Gender Discrimination
These forms of discrimination are illegal but still happen. If you feel you have been discriminated against because of your gender, sexual orientation, or identifying gender, it could be discrimination. Under this category, it also is against the law to discriminate against someone because they are pregnant or a parent. Suppose you are in the hiring process, and the interviewer finds out you are six weeks pregnant. If you are not hired based on pregnancy, you may wish to schedule an appointment for a free consultation about whether you may be entitled to receive compensation in a discrimination lawsuit.
How To Prove Employment Discrimination
Accusing your employer of discrimination is one thing, but it is another matter to prove it. The first step is to file a complaint with the Equal Employment Opportunity Commission (EEOC). If the EEOC decides a case may have merit, a victim may be able to file a discrimination lawsuit, and Mr. Richards can aid clients with a consultation about that process. If a client moves forward with a claim, there are several ways to improve the odds of success:
Document The Case Carefully
It is vital to keep copious records that are evidence of the alleged workplace discrimination. You should have proof of every discriminatory incident, including emails and texts, verbal conversations, dates and times, who was involved, etc.
Pass The Following Test
The McDonnell-Douglas test is not a formal one, but this test was named after a formal court case that suggests how strong a case is. The test is as follows:
- Are you in a protected class?
- Are you or were you qualified for your job?
- Did the firm take adverse action against you?
- Did someone replace you who is outside your protected class?
If you can answer yes to all of these questions, you should talk to an employment discrimination attorney about your potential case today.
Contact Our Irvine Employment Discrimination Lawyer Today
Law Office of Joseph Richards, P.C. understands that no one in California has to tolerate employment discrimination. You should never face injustice at work because of your race, sex, gender, age, marital status, etc. Our Irvine employment discrimination lawyers have a successful history of obtaining compensation for those who have experienced employment discrimination in our area. Contact our Irvine legal office today by phone to schedule an appointment for a free consultation. Just call (888) 883-6588 for immediate service.