A CALIFORNIA EMPLOYMENT DISCRIMINATION ATTORNEY CAN HELP FIGHT FOR YOUR RIGHTS

If you believe that you have been a victim of wrongful termination or an adverse employment action because of a protected characteristic, it is critical for you to retain a highly experienced legal team with demonstrated and proven courtroom and trial experience to evaluate your case, vindicate your rights before a judge or jury, and maximize your recovery. An experienced California employment discrimination lawyer can be a powerful advocate for your rights and help you move on from a job you dread and into a flourishing career.

California and Federal laws prohibit employers from taking adverse employment actions because of an employee’s protected characteristics. If your employer takes an adverse employment decision because of one of your protected characteristics, you may have a legal claim, and your employer may be liable for damages. Far too often, sophisticated employers attempt to disguise unlawful employment actions as a reduction in force, a layoff, or another seemingly legitimate business justification.

Many reasons may exist as to why an employer’s adverse employment action may be unlawful. And many times, without the guidance and support of a highly experienced legal team with demonstrated and proven courtroom and trial experience, your case may be difficult to prove before a judge or jury, and your rights may not be properly vindicated.

Am I a Victim of Unlawful Employment Discrimination In California?

California and Federal laws prohibit an employer from taking adverse employment actions because of a protected characteristic. If your employer takes an adverse employment action because of one or more of the following characteristics, then you may have a claim and your employer may be liable for damages:

  • Race
  • National Origin
  • Religion
  • Age
  • Sex
  • Sexual Orientation
  • Gender
  • Gender Expression
  • Gender Identity
  • Marital Status
  • Pregnancy
  • Medical Condition
  • Genetic information
  • Disability

Discrimination is rarely overt and may not even be intentional. Regardless, employers are prohibited from discriminating against their employees in any fashion. If you believe your employer has discriminated against you, you should discuss your case with a California employment discrimination attorney.

Did I Suffer an Adverse Employment Action?

An adverse employment action is not limited to an employer’s decision to end your employment. If you have been the victim of an employment decision that materially affected the nature of your employment or denied you the opportunity for employment because of a protected characteristic, then you may be the victim of an unlawful adverse employment action.

Many times, an adverse employment action may be subtle but still unlawful. Therefore, you need the guidance and support of a highly experienced legal team with demonstrated and proven courtroom and trial experience to evaluate whether you have suffered an adverse employment action. If you believe you suffered any of these adverse employment actions because of a protected characteristic, then you may have a case, and your employer may be liable for damages.

  • Terminated
  • Denied a New Employment Opportunity
  • Denied a Promotion
  • Demoted
  • Reduced Work Schedule
  • Reduced Job Duties
  • Denied a Bonus
  • Denied Equal Salary or Compensation
  • Denied Equal Employment Benefits
  • Denied Vacation
  • Denied Sick Time
  • Denied Medical Leave
  • Denied Pregnancy Leave
  • Denied Vacation
  • Denied a Reasonable Accommodation Because of a Disability
  • Denied the Opportunity to Request a Reasonable Accommodation Because of a Disability
  • Denied a Reasonable Accommodation Because of Pregnancy
  • Denied the Opportunity to Request a Reasonable Accommodation Because of Pregnancy
  • Harassment/Hostile Work Environment
  • Negative and/or Derogatory Comments
  • Negative Performance Reviews

As mentioned above, discrimination need not be intentional in order to be unlawful. For example, policies or rules that have a discriminatory impact can trigger liability for your employer. The facts will be critical to your case but may be challenging to obtain. If you feel that you have suffered at work as a result of discrimination, a California employment discrimination lawyer can review your case and determine whether you have a claim.

Did I Suffer Unlawful Retaliation?

Unlawful discrimination and unlawful employer behavior are very serious problems in the workplace. Because these problems are so serious, California and Federal laws protect employees who take a stand against unlawful discrimination in the workplace or who make reports of unlawful discrimination or unlawful employer actions to governmental authorities.

If your employer took an adverse employment action against you because you took a stand against unlawful discrimination or because you made a report to someone in your company or a governmental agency that your employer engaged in unlawful discrimination or illegal or unethical behavior, then you may have a case for retaliation, and your employer may be liable for damages.

Employers unlawfully retaliate against employees for a number of reasons. Some of the more prevalent reasons include:

  • Complaining about unlawful discrimination because of a protected characteristic
  • Complaining about unlawful harassment or a hostile work environment because of a protected characteristic
  • Complaining about unpaid wages, wage and hour law violations, or labor law violations
  • Complaining about unsafe working conditions
  • Refusing to engage in work because of unsafe working conditions
  • Complaining about unlawful, unethical, or criminal conduct in the workplace
  • Refusing to engage in unlawful, unethical, or criminal conduct in the workplace
  • Acting as a whistleblower and reporting unlawful, unethical, or criminal behavior to the police or to a governmental agency
  • Participating in an investigation into unlawful, unethical, or criminal conduct by your employer
  • Requesting sick, family, or medical leave

Retaliatory behavior in the workplace can be extensive and can involve one or more of the adverse employment actions listed above. For that reason, it is critical that you retain a highly experienced legal team with demonstrated and proven courtroom and trial experience to evaluate your case, conduct the necessary investigation, and, if necessary, vindicate your case before a judge or jury, so you can maximize your recovery.

Do I Work in a Hostile Work Environment?

A hostile work environment is a type of discrimination that many employees are forced to tolerate. Generally speaking, it is an environment where an employee or employees are subjected to pervasive harassment based on their gender, race, or other protected characteristics listed above. The harassment can be from co-workers and should not come from supervisors or management personnel. To be considered a hostile work environment, the harassment must constitute a pattern of behavior that took place over time rather than an isolated incident. Furthermore, the harassment must ultimately make the employee or employees uncomfortable to such an extent that they cannot perform their job satisfactorily or without unreasonable stress, anxiety, or emotional distress.

Common examples of harassment that could give rise to a hostile work environment include the following:

  • Repeatedly making derogatory comments, jokes, or slurs concerning someone’s race, gender, religion, or other protected characteristics
  • Making inappropriate remarks, telling lewd jokes, making sexual gestures, or engaging in inappropriate touching
  • Expressing negative stereotypes

Harassment is not limited to in-person interactions or verbal communications. Harassment can also occur by posting signs or illustrations or sending inappropriate emails or text messages.

Employers can be held liable in these situations simply by failing to take action. While many employers provide employees with a means to report harassment, many do not. If you do not know what to do and can no longer tolerate being harassed at work, a California employment discrimination attorney can help.

Have I Been Denied a Reasonable Accommodation?

Employers can also be held liable when they fail to provide reasonable accommodations for employees. A reasonable accommodation does not impose an undue hardship or burden on the employer.  When employers fail to provide a reasonable accommodation, they engage in discrimination.

For example, employers who prohibit employees from wearing hats or other headgear may be held liable when they refuse an exemption for employees who wear headgear for religious reasons such as a yarmulke or hijab. Employees with disabilities may also be entitled to reasonable accommodations such as modified work schedules if it does not impede their ability to perform essential job functions.

Unsurprisingly, employers and employees can disagree over what constitutes a reasonable accommodation. A California employment discrimination lawyer can discuss with you whether you are entitled to reasonable accommodation.

How Can We Help You?

Our legal team has a comprehensive understanding of the laws that protect against unlawful employment discrimination and retaliation, including:

Our legal team has extensive experience before the Equal Employment Opportunity Commission (EEOC), the California Civil Rights Department (CRD), the California Labor Commissioner’s Office, and other state and federal agencies.

When your civil rights in the workplace have been clearly violated, our legal team will pursue your claims aggressively and honestly in order to vindicate your rights and maximize your recovery.

The criteria for pursuing a claim based on unlawful employment discrimination and retaliation is complex, confusing, and involves strict filing deadlines and administrative requirements that must be observed in order to even bring a claim before a court.

Contact A California Employment Discrimination Attorney

If you have experienced unlawful employment discrimination, please speak with a California employment discrimination lawyer before proceeding with your claim. Please call our office at 408-455-1243 or contact us online.

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