Laguna Beach Workplace Discrimination Lawyer

Workplace discrimination, though it can be subtle, can have considerable effects on employees. In Laguna Beach, both state and federal laws prohibit discrimination. If you’ve experienced employment discrimination in your workplace, know that you can file a claim against them.

Dealing with workplace discrimination can feel isolating and frightening, but you can do something about it. When you go to legal counsel for your discrimination claim, you can feel confident that your claim is likely to be successful while receiving legal support and advice. Depending on your circumstances, there are many legal steps that may be taken to get you the compensation you deserve.

Working With the Employment Attorneys at the Law Offices of Corbett H. Williams

The Law Offices of Corbett H. Williams knows how challenging it can be to deal with a workplace discrimination claim. Facing discrimination is already stressful, and it’s likely to create financial hardship. Filing a claim and working to prove your claim can be daunting, but legal counsel can make it much easier. If you’re in a situation where your employer is contesting your claim or even engaging in deceptive or illegal tactics to undermine your claim, you need legal representation to protect your rights.

Our attorneys have been representing employees and advocating for their rights for many years. This experience allows us to know many unique facets of employment discrimination cases and allows us to support you and find the most beneficial way to handle your claim. Our law office has the resources necessary to gather evidence and file forms the right way, and we provide you with all the information. That way, you understand how likely your claim is to be successful and what damages you may be able to expect.

What Are Anti-Workplace Discrimination Laws?

The California Fair Employment and Housing Act (FEHA) provides employees with protection against discrimination. This means your employer can’t take negative actions against you, such as demoting you or cutting your benefits. You should also not be a victim of wrongful termination. You cannot be discriminated against based on the following protected characteristics:

• Race
• Skin color
• Sex and gender
• Medical conditions
• Pregnancy and childbirth
• National origin, ancestry, or birthplace
• Language spoken
• Religion or religious practices
• Age
• Mental or physical disabilities
• Gender identity and expression
• Sexual orientation
• Veteran or military status
• Marital status
• Genetic information

In addition to state protections, there are federal anti-discrimination laws, which cover some of the same protected categories. Some of these laws include:

• The Civil Rights Act of 1964, Title VII. These anti-discrimination laws include protected characteristics of race, skin color, religion, gender or sex, and national origin.
• The Equal Pay Act. It prohibits unequal gender pay for jobs with similar responsibilities.
• Age Discrimination in Employment Act. This includes protections based on age for employees over 40.
• Americans with Disabilities Act, Title I. This anti-discrimination law applies to the hiring process and the workplace and protects employees with disabilities.
• The Civil Rights Act Amendment and the Pregnancy Discrimination Act. This provides protection for employees who are pregnant or dealing with childbirth.

These rights against discriminatory treatment and other employment regulations are handled by the federal agency, the Equal Employment Opportunity Commission (EEOC). If you have been negatively treated on the basis of your protected status, you need to file with the EEOC for the Right to Sue, which then allows you to file a claim against your employer for their treatment.

Why Do I Need a Laguna Beach Employment Attorney for Workplace Discrimination?

Filing a workplace discrimination claim is serious and potentially complicated. If your employer decides to retaliate against you or make it difficult for you to provide evidence, you’ll need legal protection and resources. An attorney will help you find evidence that your work was satisfactory and that the negative action was not done for this reason.

Filing a claim needs to be done correctly, or your claim for the Right to Sue may be denied because of paperwork mistakes. An attorney can ensure you don’t make these mistakes and protect your rights in the event of retaliation.

Having legal counsel will also ensure you follow the ideal steps for your claim. Depending on your discrimination claim, it may be better to file with the EEOC, a state agency, or both. Employment lawyers understand the system you’re filing in and know how to word and tailor claims to provide you with the greatest chance of success. If your Right to Sue is awarded, your attorney will be able to represent you in civil proceedings.

What Is Considered a Negative Action in Discrimination Claims?

In filing a discrimination claim, you have to prove that your employer took negative or adverse employment actions that gave you a disadvantage. You also have to prove this was done based on your protected status. Negative actions may include:

• Firing or terminating you
• Demotion, or decreasing your pay or benefits
• Refusing to promote you
• Transferring you to an unpleasant job
• Giving you unfavorable job duties
• Forcing you to quit by making your work unpleasant
• Failing to hire you
• Retaliation
• Harassment
• Refusing to provide you a reasonable accommodation

It can be difficult for employees to prove that these actions were the result of discrimination. Many employers know better than to have evidence in written communication. However, there are other ways to prove a discriminatory employer with the help of an experienced discrimination attorney.

Proving Workplace Discrimination

If your employer was even partially motivated by discrimination, you could hold them accountable for that. There are several ways you and your attorney can gather information and evidence of negative action and discriminatory motivations.

• Direct evidence
  This includes clear and concrete evidence that shows either preferential treatment or your employer’s bias toward your protected class. This may include internal communication which mentions discriminatory biases, bonuses or benefits given to some employees and not others, a discriminatory company policy, or verbal statements by employers. Direct evidence can be hard to come by in employment discrimination claims.
• Indirect evidence
  Indirect or circumstantial evidence can show that negative actions in the workplace are nonsensical. It may also demonstrate that alternative reasons an employer gave for these actions were incorrect. Evidence includes proof that your work performance was satisfactory, that coworkers with less experience than you were given more benefits or preferential treatment, and similar experiences from coworkers with the same protected status.

The Process of Filing a Claim in California

You can file your workplace discrimination claim at the state or federal level. Filing with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing, must be done within three years of the most recent action of discrimination. Depending on the situation, the CRD may act itself to file a claim against your employer or issue you a Right to Sue letter to file to make a claim for yourself.

Filing with the EEOC must be done within 180 days of the last discrimination incident. If the act of discrimination is also protected under state or local laws, you must file with the EEOC in under 300 days. The EEOC will also decide whether to file a claim itself or send you the Right to Sue letter. If the agency receives multiple letters about the same employer, they are more likely to begin an investigation and claim of its own.

If you are a federal employee facing discrimination, there are special procedures, beginning with talking with an EEOC counselor for mediation and filing a formal complaint if mediation is unsuccessful.

Employment Law FAQs

Q: Can I Sue My Employer for Discrimination in CA?

A: Yes, if you are facing discrimination, you can file a claim against them. Discrimination may take the form of failing to hire, demoting, or firing you based on protected characteristics such as race, gender, sexual orientation, or religious creed. Your claim should be filed with the federal agency EEOC or state agency CRD. If you receive a Right to Sue notice, then you can file a claim against your employer, which may be handled through mediation or civil court.

Q: How Do I Sue My Employer for Discrimination in CA?

A: You can file a written complaint with the Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD). When filing with the CRD, you must adhere to the statute of limitations. It must be within three years of the most recent incident where you experienced discrimination or negative employment actions. The agency will decide whether to pursue the claim itself or send you a Right to Sue letter. You can then file a claim yourself.

Q: Is Workplace Discrimination Illegal in CA?

A: Yes. Discrimination in California against certain protected characteristics is illegal under the California Fair Employment and Housing Act (FEHA). Protected characteristics include gender, race, medical conditions, age, and other protected statuses. If you are discriminated against for these or other reasons, you can file a claim against your employer.

Q: What Is an Example of Workplace Discrimination?

A: Workplace discrimination includes firing you, demoting you, lowering your benefits or pay, failing to hire you, harassment, retaliation, giving you unpleasant or unfavorable job duties or job transfers, forcing you to quit, refusing you medical leave under FMLA, or refusing you reasonable accommodations.

Acting On Illegal Discrimination in the Workplace

Employment discrimination claims have a number of deadlines that you have to meet, and missing one or making a mistake during this process can have devastating effects on your claim. Contact the Law Offices of Corbett H. Williams for supportive and nuanced legal representation in your workplace discrimination claim, from filing to litigation.