Employment Discrimination Lawyer
Discrimination laws exist to ensure equal opportunities for everyone whether that is during the hiring process or during the course of employment. They also provide protection from unfair treatment at work. When you are discriminated against, it can leave a deep emotional wound and may cause long-term damage to your career or future job prospects.
Are you facing workplace discrimination? If so, you have the right to seek justice. At Hershey Law, we have a team of Orange County and Los Angeles discrimination lawyers well-versed in employment law matters and ready to take on your case. We can help you determine whether you have grounds to file an action against your employer and can guide you through the process.
What Constitutes Workplace Discrimination?
Discrimination happens when an employer or supervisor treats one person differently than another based on protected characteristics such as race, color, sex, sexual orientation, national origin, religious beliefs, gender identity, and age. It may be overt, such as racial and ethnic discrimination in the form of slurs and comments, or more subtle, like religious discrimination in the form of not allowing time off for holidays. Gender discrimination can also be in the form of offering less pay to a woman.
There are many instances where companies do not protect their employees from discrimination in the workplace and sometimes even ignore it. It might mean certain employees are being paid less than their coworkers, denied job advancement opportunities, or given unequal reviews. However, these situations should be treated as illegal under federal and state anti-discrimination laws.
The California Fair Employment and Housing Act (FEHA) prohibits discriminatory practices of employers in all workplaces, including government agencies. This also applies to private businesses with five employees or more.
If you believe you or another individual has suffered from discrimination that violates FEHA, please contact our law firm to discuss your legal options. One of our Los Angeles discrimination attorneys will review your case free of charge and provide you with realistic expectations for filing a claim.
Protected Classes in California
California state law prohibits employers from discriminating based on certain categories of traits. These categories include:
- National origin
- Sex (including pregnancy, childbirth, and related medical conditions)
- Disability: physical or mental
- Genetic information
- Marital status
- Sexual orientation
- Gender identity and gender expression
- Medical condition
- Political activities or affiliations
- Military or veteran status
- Status as a victim of domestic violence, assault, or stalking.
Employment Discrimination Claim in California
In California, an employer cannot take any adverse action against a certain employee or group of employees for no apparent reason – such as firing, demoting, denying advancement opportunities, and other forms of negatively affecting an employee’s career with the company.
This action is often called “disparate treatment,” which means that the difference between how one person was treated and how others were treated cannot be explained away as random chance or happenstance. Instead, the difference must be due to factors outside the control of the people involved, such as their different genders, ages, races, religions, sexual orientations, national origins, etc.
To prove your claim of disparate treatment, you need to show that:
- You belong to a protected group;
- The company took adverse employment action against you;
- You were qualified for the position or responsibility; and
- The decision-makers who decided against you had a discriminatory motive, meaning they didn’t treat you fairly because of your protected status.
Under California state and federal law, employees or job candidates who feel they have suffered any kind of unlawful discrimination – from gender discrimination to racial discrimination – can file a complaint with the Equal Employment Opportunity Commission (EEOC). If the employer does not remedy the situation, the victim might want to engage in employment law services and pursue a lawsuit.
For example, if a person with a physical disability files a complaint, the employer must offer a “reasonable accommodation” to avoid violating the Disabilities Act. Reasonable accommodations include changing working conditions to allow disabled employees to perform the essential functions of their jobs. If the employer doesn’t provide reasonable accommodations, the employee can file a lawsuit against them.
If you think that you have been a victim of gender discrimination, racial or ethnic discrimination, religious discrimination, or any other form of discrimination in the workplace, we encourage you to speak with our experienced workplace discrimination lawyers today so that we can help you understand the process and figure out how best to move forward.
Workplace Discrimination Attorney for Your Rights
The attorneys at Hershey Law know that facing workplace discrimination can be frightening and devastating. It can ruin your career, cause long-lasting emotional trauma, and ultimately leave you worse off financially than when you started. That’s why we’ve dedicated ourselves to helping victims of workplace discrimination get the justice they deserve and recover the damages lost during the ordeal.
At Hershey Law, P.C., we handle all types of discrimination complaints in Southern California, ranging from cases that involve minor issues to those involving severe allegations like sexual harassment or wrongful termination. To learn more about our firm’s commitment to advocating fearlessly for your rights, call us today at (310)-929-2190 or contact us online.