Discrimination Lawyers

Under California law you, as an employee, are protected from adverse employment actions (firing, demotions, not receiving equal pay, etc.) that are taken against you because you belong to a certain protected class. This includes if you are treated differently from other groups of employees when no legitimate business reason appears to exist for that treatment.

Types of Discrimination:

If you belong to one of these protected classes and you feel that you have been discriminated against, we may be able to help:

• Age (over 40)

• Race (including traits historically associated with race, such as hair texture and protective hairstyles)

• Color

• Religion (including religious dress and grooming practices)

• Sex/gender (including pregnancy, childbirth, breastfeeding, and related medical conditions)

• Reproductive health decision-making

• Gender identity, gender expression

• Sexual orientation

• Marital status

• Medical condition (including genetic characteristics, cancer, or a record or history of cancer)

• Military or veteran status

• National origin (including language use and possession of a driver's license issued to persons unable to prove their presence in the United States is authorized under federal law)

• Ancestry

• Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)

• Genetic information

• Request for family care leave (FMLA/CFRA)

• Request for leave for an employee's own serious health condition

• Request for Pregnancy Disability Leave

• Retaliation for reporting patient abuse in tax-supported institutions

• Criminal background (Fair Chance Act)

How to Tell You Are Being Discriminated Against?

Most employers are savvy enough to know that they cannot get away with outright discriminatory behavior so they may be discriminating against you in a variety of less obvious ways.

Examples of Unlawful Discrimination:

• Separating teams based on their protected class (race, gender, sex, age, disability, etc.)

• Passing over qualified candidates for a position in favor of less experienced people who are not part of the protected class (choosing a man over a woman, or vice versa; younger less qualified person over a person over the age of 40; etc.)

• Being written up for taking time off due to a medical emergency for yourself or a loved one

• Making derogatory remarks about a protected characteristic and playing it off as a joke (racist “jokes,” sexually inappropriate comments; pejorative statements or actions about a disability; etc.)

• Extra time spent training people of a specific protected class for no legitimate business reason

• An employer or supervisor who frequently has to deny suggestions that they make decisions based on protected characteristics (choosing one racial class over another; gender over the other; etc.)

• People of the same protected class remaining at the same level for years while their counterparts move upwards (all the females on a team being passed over bonusses for the males; no promotions offered to black employees, when the other employees of other races are promoted; etc.)

• Being reprimanded for observing a religious obligation, such as wearing religious clothing or attending a religious service on a holy day.

These are not always easily identifiable in the workplace, which is why they often go unnoticed and unreported.

At times, an employer can make you feel that you aren’t a “team player” if you do not take this discrimination, so it is important that you document what is happening, make a written complaint, and speak with an attorney if you believe you are being discriminated against.

You May be Entitled to Damages if You are a Victim of Discrimination

Damages available to victims of discrimination will vary depending on the type of discrimination and the extent of harm the discrimination caused so it is important that you speak with an attorney when you feel that you are being discriminated against.

Awarded monetary damages may include:

• Back Wages (the amount of money an employer owes an employee for work that was performed but not properly compensated. Back wages can include: Unpaid wages or salary; Unpaid overtime; Unpaid bonuses or commissions; Unpaid statutory benefits, like paid vacation or sick leave.)

• Front Pay (when reinstatement or other remedies aren't possible, for example if there's no available position or the employee's relationship with the employer would be antagonistic. You can be paid the difference between your current pay (if a new job is found) and what you would have earned in your position lost due to discrimination.)

• Lost higher income from a denied promotion or raise

• Lost Medical benefits

• Lost Pension benefits

• Unpaid Bonus payments

• Pain and suffering (for emotional distress damages)

• Equitable remedies (such as rehiring of the employee, though it is rare for victims of discrimination to have a desire to return to a hostile work environment.)

• Punitive damages as a way to punish an employer for particularly egregious wrongdoing.

• Attorneys Fees and Costs

If you believe you are being discriminated against, it is important that you speak with an attorney as soon as you believe you are being discriminated against. Contact us or Call us at (626) 432-5422 for a free consultation.