Discrimination against employees in California is illegal – both Federal and State governments strictly forbid mistreating workers based on their 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. Suppose you have been discriminated against by your employer or during a job application process. In that case, 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
When referring to discrimination, you often see it in the workplace. The Civil Rights Act of 1964, Title VII, makes it unlawful to discriminate based on diversity in hiring, discharge, promotion, referral, and other facets of employment.
Employment discrimination happens when an employer – or potential employer if you are applying for work – mistreats you 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 based on 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 rights 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 reducing benefits to older workers. As an applicant or employee, you are protected under the Age Discrimination Act regarding apprenticeships and internships.
- Disability- The 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, and 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 any of these protected characteristics covers you, 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 accountable. 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, and 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. 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 for 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 unsure 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 in Anaheim and across Orange County. We will work hard to represent you and your interests whether the case is settled out of court or before a judge. 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 attorneys, 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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Every case is unique and needs to be evaluated by our experienced lawyers. If you experience discrimination,
