Discrimination against employees in California is illegal – both Federal and State governments strictly forbid the mistreatment of workers, based on your civil rights. It is hard to believe that discrimination against ordinary working people continues to this day, but the sad reality is that it still exists. If you have been discriminated against by your employer or during a job application process, you can talk to one of our experienced Anaheim discrimination lawyers at 818-610-8800 and let us help you receive the compensation you deserve.
What Is Employment Discrimination?
A lot of times when referring to discrimination, you see it in the workplace. The Civil Rights Act of 1964, Title VII makes it unlawful to discriminate in hiring, discharge, promotion, referral, and other facets of employment based on diversity.
Employment discrimination happens when an employer – or potential employer if you are applying for work – treat you badly or fires you because of your:
- Race– treating a job applicant or a current employee differently or unfavorably because of their race or personal characteristics based on race.
- Color- any unfavorable treatment because of skin color complexion
- National origin- any unfair treatment by one member of one national origin group against a member of the same group. Further, it is illegal to discriminate against an individual because of their ancestors or place of origin.
- Sex/gender– the Equal Pay Act of 1963 protects employees against unfair pay based on whether they are male or female. Furthermore, the act specifics that job content, not title, determines whether jobs are substantially equal. Under Title VII of the Civil Rights Act, any discrimination on the basis of sex is prohibited as well. Essentially, it is illegal for companies to pay men and women different salaries based on their sex or gender.
- Pregnancy- companies are mandated to handle pregnancy in the same way that they would a temporary illness or other non-permanent condition that requires special care. Potential candidates have the same right as employees and are protected by the Pregnancy Discrimination Act.
- Age– companies are strictly prohibited from specifying an age preference in job advertisements. All employees must receive the same benefits no matter their age. The only exception is when the cost of providing supplemental benefits to young workers is the same as proving reduced benefits to older workers. As an applicant or employee, you are protected under the age discrimination act regarding apprenticeships and internships.
- Disability- Americans With Disabilities Act- ADA states that it is illegal to discriminate against qualified job applicants or employees because of a disability. Practically speaking, employers cannot refuse to hire disabled candidates or penalize disabled workers.
- Marital status- involves denying certain employment benefits to single employees, refusing to hire someone because of who they are married to, and firing someone for getting married.
- Gender identity- looks like a transgender employee being harassed, teased, made fun of, subjected to unkind comments or slurs and threats. Dress and grooming codes can also arise under gender identity discrimination.
- Sexual orientation- speaks to those employers looking to fire an individual for merely being gay or transgender. Such actions violate Title VII of the Civil Rights Act.
Every one of these forms of employee discrimination listed above has the potential to create a hostile work environment. A hostile work environment ultimately interferes with an employee’s work performance and creates a difficult or offensive work setting that no one should ever be subjected to today. This means that, if you are covered by any of these protected characteristics, employers cannot:
- Terminate your employment
- Demote you
- Lay you off
- Block your opportunities for promotion or advancement
- Deny you any job privileges
- Refuse to interview or hire you
- Transfer you from your usual job to a worse one
- Make your working life so difficult and unpleasant that you have no option but to resign (this is known as a constructive discharge)
If they do any of these to you, they are breaking the law and must be held to account. Recent cases of employment discrimination include a married woman being refused a promotion because her employer thinks her husband earns more money; a Muslim woman being fired for exercising her right to wear the hijab; an African-American teenager being refused a job because the interviewer held racist beliefs.
I Have An “At Will” Job – How Does This Affect Me?
The Californian law allows employees to be fired “at will”, meaning you can legally be fired for any reason or no reason at all. However, this does not allow your boss to fire you for any of the reasons listed above – to do so is illegal and they must not be allowed to get away with it. If you have been fired or treated badly at your job due to any of these reasons – even if you have an “at will” contract, contact your Anaheim JML Law discrimination attorney today at 818-610-8800 to discuss how we can file a suit on your behalf.
Employment Discrimination Lawsuits
The latest statistics for employment discrimination lawsuits were released in 2017 by the US Equal Employment Opportunity Commission (EEOC), and show the percentage of all workplace discrimination lawsuits by category:
In 2017 alone, the EEOC secured almost $400 million for victims of illegal workplace discrimination.
My Employer Is Discriminating Against Me, What Can I Do?
Find as much evidence as you can to back up your case – it can be difficult to prove employment discrimination by your employer, as they can often try to give a different reason for treating you badly or firing you. If you are not sure how to do this, call JML Law at 818-610-8800 for a free initial confidential consultation. We have a successful track record of winning financial and punitive damages for our clients who have been the victims of discrimination, both in Anaheim and across Orange County. No matter if the case is settled out of court or in front of a judge, we will work our hardest to represent you and your interests. Financial damages cover lost wages, emotional distress, and attorney fees, while punitive damages can also be used to punish employers who are found to be discriminating against employees or job applicants.
At Anaheim employee discrimination attorney we help serve and protect our clients against unlawful employment discrimination. Even after the fact, we ensure to prevent any form of retaliation. Our professionals will guide you every step of the way and remain loyal to bringing you the justice you deserve.
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Contact Our Lawyers.
Every case is unique and needs to be evaluated by our
experienced lawyers. If you have been injured in a work-related accident,
give us a call at 818-610-8800 or send us an email to schedule a free initial consultation. There is no risk to meet with us. We get paid only if we win your claim.