Breaking Discrimination Barriers: Empowering Equality in the Workplace

Facing any kind of discrimination in the workplace is one of life’s worst experiences. Some suffer with anxiety and a sense of helplessness. Many struggle to recover emotionally. Regardless of the harm caused by illegal discrimination in the workplace, finding an advocate to tell your story can allow the healing process to begin

How does California law protect against discrimination?
California provides strong protections against discrimination in the workplace. California law prohibits employers from discriminating when making decisions about hiring, promotion, pay, benefits, terms of employment, layoffs, and other aspects of employment.

California’s Fair Employment and Housing Act (FEHA) prohibits discrimination related to any of the following characteristics:

  • Race
  • Color
  • Ancestry
  • National origin
  • Ancestry
  • Age
  • Religion
  • Disability (including physical, developmental, mental health/psychiatric, HIV and AIDS)
  • Gender (including pregnancy, childbirth, breastfeeding, and/or related medical conditions)
  • Sexual orientation
  • Gender identity or Gender expression
  • Marital status
  • Genetic information
  • Military or veteran status
  • Medical condition (genetic characteristics, cancer, or a record or history of cancer)

How can I sue my employer for discrimination?
Once we determine that you have a case, we will first file a discrimination complaint with either the Equal Employment Opportunity Commission or the California Civil Rights Department. We will likely request an immediate right-to-sue notice to avoid an otherwise lengthly administrative process. After that, we will pursue your case in court.

How do we prove discrimination in the workplace?
Unless the case settles early, a discrimination lawsuit can take one to three years to get to trial. During that time, we will require your employer to provide us with information and documents, and take the depositions of those responsible for your harm, to prepare a strong case for liability. We may also recommend that you seek professional help if you are suffering from trauma resulting from the discrimination. We will seek:

  • Your personnel file.
  • Internal correspondence including email communications related to discrimination.
  • Prior performance appraisals.
  • Statements from any of your colleagues who witnessed the act of discrimination.
  • Employer handbooks and contracts.
  • Records of any training or benefits that you were denied.

An experienced employment lawyer can review your case to suggest the best course of action to protect your rights and address workplace injustice.

What damages can I recover from my employer?
The damages that you can recover from your employer depend on the extent of discrimination that you have faced. You may be able to recover:

  • Back pay including compensation for lost wages and benefits.
  • Reinstatement or front pay to compensate for future lost earnings.
  • Damages for emotional distress.
  • Punitive damages.
  • Attorney’s fees and costs.

These are some common remedies that a court may provide in an employment discrimination case. You may seek other remedies if your case qualifies.

Can my employer retaliate against me for reporting discrimination?
The FEHA prohibits employers from retaliating against employees or applicants who report or complain about such discrimination. The law explicitly prohibits negative employment actions, such as termination, demotion, or suspension, in response to a good faith report or complaint regarding unlawful discrimination based on a protected category. Additionally, California employers are barred from refusing to hire an applicant simply because they reported or complained about discrimination.

Hiring the right lawyer
Not all lawyers are the same. Some will tell you what you want to hear to convince you that they are the right lawyers. Many will guarantee results. When you hear these things, we recommend that you get a second opinion.

The right lawyer is the one that you feel comfortable with, that tells you both the good and bad, and that communicates well and explains the process.

If you believe your employer has discriminated against you, we will pursue your claims and maximize your recovery. You can trust his more than 25 years of experience with complex negotiations and aggressive litigation skills to claim the damages you deserve.

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Call 909-200-3474 for a free consultation.

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