Facing Discrimination At Work In California?
Los Angeles Discrimination Lawyers Fight For Workplace Rights
Every worker is different, which often means that supervisors, managers and employers may feel differently about each employee. However, if these personal opinions affect the treatment of workers, the result may be favoritism and prejudice which can lead to illegal dismissals and discrimination. This discrimination may even be unconscious on the part of the employer. Nevertheless, workplace discrimination of any kind is generally illegal under federal and California employment law.
The Los Angeles discrimination lawyers at Kesluk, Silverstein & Jacob have decades of experience defending the workplace rights of employees in many industries. If you believe you are experiencing discrimination at work anywhere in California, then contact our lawyers today. An employment discrimination attorney from our law firm can investigate your claims and explain your legal options in a free initial consultation. If you have a case, we can represent you in negotiations or in the courtroom so you can be sure your best interests are protected.
Common Examples of Discrimination in the Workplace
Discrimination takes many forms. In general, discrimination is any differential treatment based solely or partially on certain traits or conditions unrelated to job performance. Anything like ancestry, physical disability, mental disability or medical condition as well as marital status or sex can be grounds for workplace discrimination. However, all employees deserve equitable treatment while part of an organization and a dignified exit in the event of firing. California employment law prohibits most kinds of workplace inequities, including:
- Age discrimination
- Disability discrimination
- Gender identity discrimination
- Institutional discrimination
- National origin discrimination
- Pregnancy discrimination
- Racial discrimination
- Religious discrimination
- Sex and gender discrimination
- Sexual orientation discrimination
Acts of discrimination can be expressed by an employee receiving disparate treatment and/or disparate impact. “Disparate treatment” encompasses any action by an employer or fellow employee against a person based on attributes listed above. For example, slurs, offensive jokes, comments or other actions against workers in protected classes would constitute unlawful discrimination. Additionally, conduct often creates an intimidating/offensive working environment and may affect performance levels. On the other hand, “disparate impact” is where a company policy excludes certain individuals from job opportunities or promotions.
Which Laws Make Discrimination Illegal?
Federal and California state laws prohibit many different kinds of discrimination. The Equal Employment Opportunity Commission (EEOC) oversees and enforces federal regulations that outlaw discrimination in the workplace. Federal laws apply to all companies with at least 15 employees and prohibit discrimination based on:
- National Origin
- Citizenship status
California employment law is much more expansive. State laws, including the California Fair Employment and Housing Act (FEHA), apply to all businesses with at least five employees. These regulations prohibit the same kinds of discrimination as federal law (apart from citizenship status). However, California law also makes it illegal for employers to discriminate against workers based on:
- Marital status
- Sexual orientation
- Gender identity
- Medical condition, including HIV/AIDS
- Political affiliations and/or activities
- Military history or status
- Status as victim of a crime such as domestic violence, assault and/or stalking
Both state and federal laws also protect whistleblowers from discrimination in the workplace. Therefore, an employer cannot dismiss or demote an employee for whistleblowing any potentially illegal activities.
Employees who are subject to unlawful termination, discriminatory treatment and/or workplace harassment may be able to recover lost wages and the value of other benefits, both past and future though an employment lawsuit. You may also be able to collect general damages, including emotional distress, pain and suffering, punitive damages and attorney fees.
Workplace Concerns? Our Discrimination Lawyers Provide Answers in Free Case Reviews
A divisive or hostile work environment hurts productivity as well as the wellbeing of employees. Therefore, employers should take the proactive measures to assure equity and defend the workplace rights of all employees. This includes ensuring that the company or business is free of workplace discrimination. However, if your employer fails in this duty, you may be able to collect compensation through an employment lawsuit.
If you have faced discrimination of any kind, then contact an employment discrimination attorney at our law firm today to schedule your free, no obligation consultation. You have rights as a worker, and we will uphold them.