Fullerton Workplace Discrimination Lawyer

Employees have the right to safe and fair workplace environments. Employment discrimination can sometimes be subtle but still have devastating effects on employees. Fullerton employees are protected by state and federal anti-discrimination laws. This prohibits negative treatment based on certain characteristics, like your race or gender.

If you have been wrongfully terminated or discriminated against, you can file a claim against your employer. You may gain compensation for lost wages, lost benefits, and other damages. With the assistance of a discrimination attorney, you can easily navigate the complaint and claims process with full legal support.

The Law Offices of Corbett H. Williams: Your Employment Lawyer

When you plan on filing a workplace discrimination claim, it can be overwhelming. With the discrimination attorneys at the Law Offices of Corbett H. Williams, you can feel confident that your claim includes the proper information, is worded properly, and is within the right time frames.

We have been working in employment law for many years, advocating for the rights of employees who have been wronged by their employers. It is illegal and immoral for employers to discriminate against employees, and we fight for your right to compensation. We have extensive experience with many types of discrimination claims. This enables us to understand the intricacies of your claim and to approach it effectively. Our representation gives your claim its most favorable chance of success.

What Is Employment Discrimination?

Anti-discrimination laws protect employees from negative actions and unfair treatment based on protected characteristics. These include:

• Race and skin color
• Ethnicity, national origin, birthplace, language, or ancestry
• Disability, mental or physical
• Religion, including religious practices
• Gender and sex
• Gender expression
• Sexual orientation
• Pregnancy and childbirth
• Medical conditions or genetic information
• Marital status
• Age
• Veteran status

These characteristics are protected under the California Fair Employment and Housing Act (FEHA). Similar characteristics are also protected under federal laws, including the Civil Rights Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the Americans with Disabilities Act.

How Discrimination Appears in the Workplace

Discrimination claims are based on proving that your employer provided you a disadvantage at work through adverse employment actions and that these actions were because of a discriminatory bias. Adverse employment actions may include:

• Firing you
• Delaying or refusing a promotion
• Demotion
• Lowering your pay or benefits
• Denying a job application
• Harassment
• Retaliation
• Refusing to provide reasonable accommodation
• Excluding you from important and relevant communications
• Providing you with unfavorable job duties or job transfer

If you are treated differently than your coworkers because of your protected status, you have the right to file a claim with the Equal Employment Opportunity Commission (EEOC).

One of the most difficult parts of a workplace discrimination claim is proving that these negative actions were, in part, the result of an employer’s discriminatory attitude. The right attorney has the resources you need to find evidence of your claim.

Why Do I Need a Fullerton Workplace Discrimination Lawyer?

Workplace discrimination claims are tricky and complex. Not only does your claim need to provide certain information and be filed in the right time frames, but your employer may make things difficult. They may retaliate against you in your workplace, harass you, or try to cover up their discriminatory behavior. Legal representation can help you navigate your claim and also provide you with the necessary protections in the face of retaliation.

Employment attorneys also have the resources to find proof that your employer may be trying to hide. Your employer may claim that their adverse action was the result of your poor work performance. An attorney will be able to help you find the proof to show satisfactory work, proving that something else was the cause of the negative action.

Filing a claim against your employer can also prevent similar issues from happening with your coworkers. If your employee is made to pay damages to you for discrimination, they’re less likely to continue this behavior.

How To Prove Workplace Discrimination

A knowledgeable attorney can help you uncover proof that your employer’s actions were motivated by discriminatory biases. Evidence for your discrimination claim may come in the form of indirect or direct evidence, including:

• Internal communications, such as emails, memos, and other messages that show bias
• Evidence of preferential treatment, such as bonuses or benefits
• Discriminatory company policies
• Verbal statements by employers that show a bias towards a protected class
• Testimonies, such as employees who experienced similar discriminatory practices
• Performance reviews or statements that show your work performance was satisfactory

There are many additional forms of evidence that may be part of your claim. Some of this evidence you can gather prior to filing your claim, while some you need attorney resources for. Your attorney will be able to determine what is essential to your claim and how these pieces of evidence may work together.

How Timing May Prove Discrimination

Protected class status is not always visible or obvious to employers right away. If information about your sexual orientation or gender identity comes to your employer’s attention and you begin to face discrimination, you likely have strong grounds for a claim. If something you posted on social media regarding your ethnicity, country of origin, medical condition, or pregnancy may have been seen by an employer that resulted in discrimination, this may also be useful proof in a claim.

How to File a Workplace Discrimination Claim in California

Your claim can be filed on either the state or federal level, and your employment attorney can determine, based on your circumstances, which would be better. Filing on the state level is done with the California Civil Rights Department (CRD). The statute of limitations for filing with the CRD is three years from the most recent discriminatory incident. When the CRD receives your claim, it may decide to file a claim itself. Or, it will issue you a Right to Sue notice, and you are then meant to file the claim yourself.

Filing on a federal level is done with the EEOC. The statute of limitations for filing is 180 days unless the protected characteristic is also part of your state or local laws. Then, the statute of limitations is 300 days from the date of discrimination. The EEOC may decide to file a claim against your employer if it receives multiple complaints. If the EEOC begins an investigation, your employer is likely to face much greater consequences. The EEOC may also send you a Right to Sue letter for you to file the claim without their assistance.

Federal employees facing discrimination in the workplace follow different procedures. This begins with talking with an EEO counselor and trying to mediate the situation. Then, a formal complaint is filed if mediation fails.

Retaliation in Discrimination Claims

Many employees fail to come forward about employment discrimination for fear of making things worse in the workplace. Knowing that retaliation is illegal does not always assuage an employee’s fears because discrimination is also illegal. However, having the legal backing of an attorney can help immensely. Be sure to document when you bring up discrimination with your employer and if your workplace becomes more hostile as a result. This can be important evidence in proving discrimination and retaliation.

Employment Law FAQs

Q: Can I Sue My Employer for Discrimination?

A: Yes, discrimination is illegal, and you can file a claim for compensation if you are dealing with employment discrimination. If an employer is taking negative action against you for a protected characteristic, such as race, gender, sex, religion, age, or something else, you can file with the EEOC or CRD. If they send you a Right to Sue notice, you can file a workplace discrimination claim against your employer.

Q: How Do You Prove Discrimination at Work?

A: Proving discrimination in your workplace means proving that you:

Suffered adverse employment actions, including termination, demotion, or reduction of pay, and
You are part of a protected class, which includes protections for gender, sexual orientation, or skin color, and
Your employer made these adverse actions because of a discriminatory bias toward your protected class.
Evidence may include internal communication, verbal statements, and witness testimony.

Q: What Counts as Discrimination at Work?

A: Discrimination is based on placing you at a disadvantage based on a protected characteristic. Adverse employment actions that may result from discriminatory motivation include demoting you, terminating your employment, denying your job application, denying or delaying your promotion, harassment, decreasing your benefits or pay, forcing you to quit by making your job unpleasant, proving you with unfavorable job duties, or denying you FMLA medical leave.

Q: Do I Need to Hire a Lawyer if I Experience Discrimination at Work?

A: While not required, an attorney can make the process easier. Workplace discrimination claims have many deadlines that need to be met, or your claim may be denied. In order to give your claim its greatest chance of success, you should have it drafted or reviewed by an experienced employment attorney. If your claim is approved and you’re issued the Right to Sue, it’s useful to have an attorney on your side who already knows the details of your claim. They can represent you in negotiations and in civil court if negotiation is unfavorable to you.

Protecting Your Rights with Workplace Discrimination Attorneys

The Law Offices of Corbett H. Williams wants to provide you with strong legal representation and reliable advice that makes it likely your claim will succeed. We want you to receive the compensation you deserve that lets you work in a safe environment. Contact our team today.