Workplace Discrimination and Retaliation Lawyers (2023)

Discrimination in the workplace is more than just demoralizing. When employees are affected, the impact can be emotionally and financially devastating. But discrimination is not only wrong, it is illegal and should not be tolerated. Call to...Defenders of employment discriminationat The Dominguez Firm immediately below800-818-1818for a free and absolutely confidential consultation.

While we like to think that companies and managers follow the principle of evaluating employees solely on job performance, this is not always the case. If that's the case, there's no need to suffer or ditch mufflers. California has strict laws that protect employees from illegal discrimination. Read on to learn more about workplace discrimination and what you can do about it.

What is discrimination and retaliation in the workplace?

Employment discrimination is the adverse treatment of an individual based on a protected category, including, but not limited to, race, religious belief, color, national origin, ancestry, physical disability, intellectual disability, medical condition, genetic information, marital status, sex , gender. , gender identity, gender expression, age, sexual orientation, or military and veteran status. ThatCalifornia Department of Fair Employment and Housing(DFEH) enforces state laws regarding discrimination in the workplace. Examples of negative treatment include:

• take a pay cut
• Being passed over for promotions
• Being paid less than a colleague with the same duties
• be demoted
• Received an unfavorable work schedule
• Being exposed to jokes, insults or derogatory comments
• be sexually harassed
• Being judged more harshly or disciplined than their peers more often, even if they behave in a similar way.
• Being forced to resign due to an intolerable or hostile work environment
• will be canceled
• Not being hired because you belong to one of the protected categories (see below in "What types of discrimination exist?")

Consider the last example in the list above. You do not have to be an employee to file a discrimination claim. Applicants who are not suitable for a position due to their gender, their religion, their sexual orientation, etc. they may also have grounds for entitlement.

What should I do if I experience discrimination at work?

If you believe you are being discriminated against at work, you should first try to resolve the issue through your human resources department. If you don't take this important step, your company will most likely say that it was not aware of any discrimination against you because you never spoke to them or filed a complaint.

If your company does nothing to resolve the problem, you should contact thediscrimination in the workplaceorneys immediately at the Dominguez Firm All of our consultations are free and confidential. We can tell you about your rights, and if we can help you, we can help you collect the information you need to prove your case.

What are my rights as a California worker?

California is the most worker-friendly state in the country. The state recognizes the broadest list of protected categories of workers. If an employer discriminates against you based on your race, ethnicity, national origin, gender, gender expression, religious beliefs, sexual orientation, marital status, disability, age, genetic information, or military/veteran status, you are acting illegally and can be sued for discrimination by you, the Employees.

However, California is also a free employment state. This means that your employer can fire you without having to give a reason (with a few exceptions) and you, in turn, can resign without notice. However, if you fall into one of the protected categories below and you are discriminated against or fired, you have the right to sue your employer.

What types of discrimination exist?

Here is a breakdown of the protected categories recognized by our state:

• gender discrimination– This can come in many forms. The most prominent example of gender discrimination is when a woman reaches the proverbial 'glass ceiling' and is no longer considered for promotion within her company solely on the basis of her gender. Another example is a woman who is not hired as a plumber because she is traditionally considered a man's job.

Although not as common as discrimination against women in the workplace, discrimination against men in the workplace does occur, and men have the same legal protections as their female colleagues when affected.

• racial discrimination- Being passed over for a promotion, harassed and/or even fired just because of your race is illegal not only in California but in every other state. As with gender discrimination, reaching a glass ceiling and skipping promotions is a clear example of this type of discrimination.

• Discrimination based on national origin–Discriminating or firing people based on their ethnicity or national origin is also illegal. This includes harassing the employee with jokes or insults based on their ethnicity, creating a hostile work environment.

• ageism– At the federal level it is already1967. The national age group is 40 years and over. This is the same age group recognized in California. On the contrary, there is no law that protects workers under 40 years of age. So a worker under the age of 40 who is passed over for a promotion because they are too young has no legal recourse in California.

• Disability Discrimination- ThatAmericans with Disabilities Act (ADA)and state laws protect disabled workers from discrimination. It does not matter if the disability is physical or mental. In addition, employers must provide reasonable accommodation in the workplace if it will help the employee perform their job as required.

In recent years, the growing popularity of genetic testing has had an impact in the workplace. It is now illegal here in California to ask employees to undergo genetic testing. It is also illegal to discriminate against an employee who may be predisposed to certain hereditary diseases. For example, a company fires an employee after discovering that one of his parents has Parkinson's disease.

• Discrimination based on family responsibilities–Employers are prohibited from discriminating against workers who primarily care for a family member or for the birth of a child. An example of this type of discrimination would be giving the employee unfavorable work hours in the hope that this will force him to quit because of his situation at home.

• Discrimination based on political affiliation–California Labor Code §1101expressly prohibits employers from creating or enforcing rules or guidelines related to workplace policies. Employees are free to participate in political activities outside of work without fear of retaliation, as long as doing so does not interfere with their job performance. However, employees are not allowed to create a hostile work environment for colleagues who do not share their political views. Also, employers can require employees not to participate in political debates in the workplace.

• Pregnancy Discrimination– In the context of sex discrimination, but in a protected class by itself, pregnancy discrimination can also include discrimination against a woman who is not even a worker. It is illegal to ask an applicant questions about her pregnancy during the interview or not to hire her just because she is pregnant. Firing an employee who informs her employer that she is pregnant or later turning that employee in for a promotion are other examples of pregnancy discrimination.

• Discrimination based on sexual orientation– California law is clear: Discrimination against an employee based on their sexual orientation is prohibited. This law has been expanded in recent years. The original wording provided protection to people who identified as gay, lesbian, gay, straight, and bisexual.

a newFEHC regulation, which went into effect in July 2017, expanded the definition of sexual orientation to include gender identity. The expansion of this category discourages employers from asking applicants or employees about their gender. In addition, employers must use the employee's preferred name and pronoun in the workplace.

Religious discrimination– Employers must not discriminate against employees of any kind on the basis of their religious beliefs. An example of discrimination in this category would be asking a Jewish employee not to wear a yarmulke to work, under any circumstances.

Employees who are atheists are also protected from religious discrimination. For example, a staff member who is an atheist cannot be forced to attend a prayer meeting, even if it is non-denominational.

What happens if I file a claim and my employer retaliates?

Most California employees know that discrimination in the workplace is illegal. But what many people don't realize is that employer retaliation is also illegal. Unfortunately, this fear often deters a wronged employee from seeking justice. If this is your case, you should know that you have rights. If you file a discrimination claim and your employer retaliates, your employer is acting illegally and you may also be subject to retaliation. If you have filed a lawsuit against your employer and he is retaliating, leave yoursdiscrimination advocateknow right away, even if onlythinkthey could get revenge.

What does a discrimination lawyer do?

AEmployment Discrimination Lawyergives a voice to the employee who has been treated unfairly or the job applicant who has been denied an opportunity. At The Dominguez Firm, we have years of experience successfully handling workplace discrimination cases. We know what evidence to collect and how to present it as clearly and convincingly as possible. We also have the resources to take on the biggest companies and deliver positive results for our clients.

Discrimination and retaliation cases can be complex. Agood discrimination lawyercollects all the documents needed to prove your case, including:

• Your correspondence with your human resources department
• Reviews of your employees
• Any correspondence you have received
• SMS and emails with bosses and/or colleagues
• nominal

Depending on the facts, other documents may also be used as evidence.

How much is the average discrimination claim worth?

Each case is different and has its own particular set of circumstances. That's what most customers hear when they ask this question. However, there are ways to calculate a general range of value for each case based on past judgments and comparisons to similar cases.

The legal term for any money you may be awarded is "damages." Damage is divided into several categories:

• economic damage– These can be easily summarized. They can include back wages, lost wages and future benefits, the cost of finding a new job, and any medical expenses incurred.
• Emotional stress damage– This amount is more difficult to determine. It is essentially compensation for the pain and suffering you have suffered as a result of your employer's discrimination and/or retaliation.
• punitive damages– If the discrimination and/or retaliation was particularly objectionable, the court may award punitive damages. This is done not so much for the benefit of the plaintiff, but rather to punish the defendant (the employer) for his actions and hopefully send a signal to other employers not to do the same.
• legal fees- Here in California, you are entitled to reimbursement of all attorneys' fees and costs for every claim you win!

Another consideration when calculating the value of your workplace discrimination case is the financial strength of the defendant employer. In all honesty, a smaller employer may not have the cash to pay severance pay or a hefty judgment.

Defendants (employers) in workplace discrimination cases generally prefer to settle, even if they have the financial means to fight the claim. That's because juries, particularly those in California, have tended to favor the plaintiff in these cases in recent years.

Remember, the purpose of filing a workplace discrimination lawsuit is to be compensated for the actions your employer took against you, seek justice, and regain sanity.

How is discrimination proven?

The key to proving a discrimination case is to show that your employer has discriminated against you simply because you fall into one of the protected categories listed above. Your employer will most likely argue that you did (or are not doing) your job satisfactorily.

For this reason, your workplace discrimination lawyer will need to provide you with specific documentation.tatDo your job as expected. To do this, you can display:

• Examples of your work and if possible your colleagues to compare the quality.
• Show any awards or other positive endorsements you've received for your work. This can include positive customer reviews or emails praising your work.
• Present your employees' reviews as evidence of past performance.

Some of these positive tests may directly conflict with criticism you have received from your employer or manager. Any inconsistencies between your evidence and your employer's claims of poor job performance strengthen your claim. For example, if you received an award for excellent customer service, but were quickly demoted, that would be a clear example of a contradiction.

If your employer or manager has made openly discriminatory comments against you in front of other employees, these employees may be called as witnesses to prove your case.

Some companies have a pattern of discrimination against a specific protected class. Let's say your company has a history of consistently promoting men over women with the same level of experience and qualifications. If you are a woman and are passed over for promotions, showing this clear pattern will help your case.

Ideally, you've also complained to your human resources department about the discrimination you've experienced. As mentioned above, if you are currently facing discrimination in the workplace, it is important that you contact Human Resources or your manager (if there is no Human Resources department) to get in touch with them. This gives them a chance to remedy the situation. If your manager is the one discriminating against you, find someone else in a position of authority. This documentation provides invaluable evidence of discrimination by your employer if they do not resolve the issue.

Is it better to quit or be fired?

Terminated employees have rights that resigning employees do not. Laid off employees can:

• accumulate unemployment
• Achieve higher amounts of damages in lawsuits for discrimination
• You can sue for unfair dismissal

However, if you quit, all is not lost. It depends on how and why you quit your job. If you quit because the job situation has become unbearable, California law considers you fired because you were forced to quit your job. Therefore, you have the same rights as someone who has been laid off.

How long does it take to settle a discrimination claim?

Clients are often frustrated by the most common answer to this question: "it depends." Some cases are complex and can take 2 years or more to resolve, especially if they go to court. Simpler cases tend to take less time and are resolved without a trial.

But the timing of your case should not be your primary concern. Instead, think of it this way: Your case should last as long as it takes to get justice and get healthy.

Choose the Right Discrimination Lawyer

We all want our work to be judged solely on the merits of our abilities. Unfortunately, that doesn't always happen. Being discriminated against or subject to retaliation in the workplace because of your skin color, gender, or sexual orientation can be devastating for you and your family. But here in California, you can defend yourself against an unfair employer.

You have rights and the employment discrimination attorneys at The Dominguez Firm can help. If you have been fired, demoted, had your pay reduced, passed over for promotions, or discriminated against, contact theDefenders of employment discriminationimmediately at the Dominguez Firm We offer free and confidential consultations, so call us now800-818-1818. And if you're worried about the cost of hiring an attorney, don't be, because we promise we either win or you don't, so call us today!