What Counts as Employment Discrimination in California?
Experienced Los Angeles Job Discrimination Lawyers Give Examples
It can sometimes be difficult to tell whether a situation you are experiencing at work is job or employment discrimination. This can be especially true if the company you work for has a long history of institutional discrimination, meaning they probably know how to fight or avoid charges of discrimination and workplace harassment.
At the Law Offices of Kesluk, Silverstein & Jacob, we believe that everyone has the right to equality in the workplace. Our Los Angeles job discrimination lawyers provide the following questions and answers as examples of what actions may or may not qualify as discrimination on the job. If you have questions about possible discrimination at your workplace, call our law firm for answers to your employment discrimination questions during a free initial consultation.
What Are Examples of Job Discrimination? Questions and Answers from Job Discrimination Lawyers in LA
Q: I am a member of a racial minority. I am a supervisor at a California-based company, and I have had this position longer than any other supervisor. I was recently considered for promotion, but was passed over in favor of one of my white co-workers who has less experience. Is this racial job discrimination?
A: Not necessarily, but it could be. If there are no minority representatives in the upper management of your company, and minorities are often passed over for promotions in favor of non-minorities, you may have a case for racial discrimination in the workplace. Before filing a case, your discrimination lawyers will first ask you more questions and research the situation to see if you were passed over based on your race.
Q: I recently applied for a job in Los Angeles. During the second round of interviews, I was asked whether I had children or would like to have them in the future. I told the interviewer that I am currently three months pregnant with my second child. He called me an hour later to tell me I did not get the job. Is this employment discrimination?
A: This could be a form of job discrimination called pregnancy discrimination. By law, employers cannot take a woman’s family life or any possibility of pregnancy into account during the hiring process. The fact that you were asked about your children and future family plans makes the possibility that you were not hired based on your pregnancy seem very likely. Our team of discrimination lawyers can help you investigate further, and will tell you if you have the evidence needed to file a case.
Q: I am a Muslim woman, and I was recently fired from my job as a supermarket cashier because, according to the manager, customers found my headscarf “off putting.” Do I have a job discrimination case?
A: This may be a clear case of religious discrimination in the workplace. Anti-discrimination laws state that an employee’s religion cannot be used as a reason to be fired. Businesses are also required to provide reasonable accommodation for employees’ religious beliefs and practices. If your company violates these laws, you may be entitled to compensation to cover back pay, expenses associated with finding a new job and any emotional distress you may have experienced from workplace harassment or discrimination.
Q: On Friday, a co-worker of mine made an inappropriate joke about a former employee who was transsexual. I objected, and during the discussion that followed I revealed that I am a member of the LGBTQ community. When I arrived at work on Monday, I was told that my position was being dissolved due to downsizing. Is this a case of employment discrimination?
A: This may be a case of sexual orientation discrimination, especially if the company has a history of firing its employees based on their sexual preference. While there are no federal laws forbidding this kind of discrimination, there are California employment laws that make sexual orientation discrimination and any associate hate crime illegal. Among other damages, you may be entitled to reinstatement to your former position if the court finds your workplace would not be hostile or unpleasant.
Questions about Discrimination at Work? Call Our LA Job Discrimination Lawyers Today
The nationally recognized job discrimination lawyers at the Law Offices of Kesluk, Silverstein & Jacob have helped hundreds of discrimination victims throughout the Los Angeles area. We know how to use both federal and state laws to help you fight for equality in the workplace.
If you think you may be experiencing workplace harassment or discrimination, we can answer your questions and will stand up for you in court if you have been unlawfully discriminated against by your employer. Contact us online or call our office at (310) 273-3180. The initial consultation is free.