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Employment Discrimination Lawyer

Employment Discrimination Lawyer in California

Employees are supposed to be protected from discrimination by several federal, state and local laws, but there are many situations where these laws are violated. Examples of common forms of discrimination in the workplace include:

  • Racism
  • Sexism
  • Ageism
  • Bigotry

Unfortunately, a majority of discrimination issues go unreported which can lead to a toxic work environment. If you have experienced discrimination in your workplace, it is important to contact an employment discrimination lawyer to know what your rights are and ask any questions.

Give us a call at (510) 929-5400 if you are a victims of employment discrimination . We are ready to review your case. We are available 24/7.

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California Employment Discrimination Lawyer

Employment discrimination occurs when an individual is treated unfairly in the workplace due to protected characteristics such as race, gender, religion, age, disability, or national origin. California has robust laws to protect employees from discrimination and ensure equal opportunities for all.

One key statute in California is the Fair Employment and Housing Act (FEHA), which prohibits discrimination in employment based on various protected characteristics. This law applies to employers with five or more employees and covers a broad range of employment practices, including hiring, firing, promotions, pay, and job assignments. Additionally, the FEHA protects individuals from hostile work environments and harassment.

Employment discrimination cases require a thorough understanding of California labor laws and legal procedures. You’ll want to have the best California employment discrimination attorney you can find. At Pointer and Buelna, we are resourceful, well-informed, and passionate when it comes to employment discrimination. Let us defend your rights!

Recognizing Employment Discrimination

Here are ten tell-tale signs that you may be experiencing employment discrimination:

  • Unequal Treatment: Notice if others in similar positions receive better treatment, opportunities, or benefits while you are consistently overlooked or treated unfairly.
  • Harassment: Experiencing unwanted comments, jokes, or actions based on your race, gender, age, religion, sexual orientation, or disability.
  • Stereotyping: Observing biased assumptions or stereotypes being made about your abilities, skills, or potential based on protected characteristics.
  • Differential Discipline: Facing harsher or more frequent disciplinary actions compared to others who engage in similar conduct.
  • Unjustified Criticism: If you consistently receive unwarranted criticism or negative comments about your work performance while others with similar performance levels are not subjected to the same treatment.
  • Exclusion from Opportunities: Being denied training, promotions, or developmental opportunities without valid reasons, despite being qualified and deserving.
  • Salary Disparities: Discovering that you are being paid less than others in the same position with similar qualifications and experience.
  • Retaliation: Facing adverse consequences, such as being demoted, terminated, or subjected to a hostile work environment, after reporting or opposing discrimination.
  • Changing Policies: Witnessing sudden changes in company policies or rules that have a disproportionate impact on certain employees or groups, and appear to be discriminatory.
  • Lack of Diversity: Working in an environment that lacks diversity or where certain groups are underrepresented, indicating a potential bias in hiring or promotion practices.

If you identify any of these signs, contact a top-notch California employment discrimination attorney. We can assess your situation, advise you of your rights, and take the necessary legal steps.

Common Forms of Employment Discrimination

As California employment discrimination attorneys, these are the most prevalent forms of employment discrimination we see:

  • Race Discrimination: Discrimination based on race or ethnicity is illegal and can occur during any stage of employment, including hiring, promotion, and termination. It involves treating someone unfavorably because of their race or engaging in practices that disproportionately affect individuals of a particular race.
  • Gender Discrimination: Gender discrimination is treating someone unfairly or differently because of their gender. This can include paying women less than men for doing the same job, promoting men over equally qualified women, or subjecting women to harassment or retaliation.
  • Age Discrimination: Age discrimination occurs when someone is treated less favorably because of being perceived as “too young” or “too old.” It can involve denying job opportunities, giving unfair performance evaluations, or imposing age-based stereotypes and prejudices.
  • Disability Discrimination: Treating someone unfairly or differently because of their physical or mental impairment is illegal in the workplace. This includes refusing to provide reasonable accommodations, denying job opportunities, or bullying or harassing them.
  • Religious Discrimination: As you guessed, discrimination based on religion occurs when someone is treated unfairly because of their religious beliefs, clothing, or practices. This can include refusing to accommodate religious practices, making derogatory comments, or denying job opportunities based on religious affiliation.

California Fair Employment and Housing Act

California’s Fair Employment and Housing Act (FEHA) protects people working for companies of more than 5 employees from discrimination in a variety of business areas including advertisements, applications & interviews, hiring, promotion, termination, and compensation. The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Protected traits include age, ancestry, nationality, race, disability, gender & gender identity, marital status, military or veteran status, religion, and sexual orientation. You have rights, and we defend them.

Steps to Take if You Face Employment Discrimination

Here is what you need to do if you believe you are experiencing workplace discrimination:

  • Document incidents: Keep a detailed record of any discriminatory incidents, including dates, times, locations, people involved, and any witnesses. This documentation will help your lawyer prove your claims.
  • Research your rights: Familiarize yourself with your rights under federal and state laws. Knowing the legal protections available to you will empower you to take appropriate action.
  • Talk to a California employment discrimination attorney: There won’t be any upfront costs to file an employment discrimination lawsuit against your employer, so there’s no reason to shy away from asserting your rights and demanding the financial compensation you are entitled to.
  • File a complaint: Report the discrimination to the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). These agencies can investigate your claims and potentially assist in resolving the issue.
  • Preserve evidence: Save any relevant documents, emails, texts, or other forms of communication that may support your discrimination claim. This evidence will be essential when building your case.
  • Take legal action: If all other attempts to resolve the issue have failed, you may need to initiate a lawsuit. With the help of an attorney, you can get the financial compensation you are legally entitled to.

Examples of Discrimination

Common examples of workplace discrimination due to affiliation with FEHA’s protected categories include:

  1. Termination or firing of an employee.
  2. Failure to hire
  3. Decrease in pay or benefits
  4. Denying a promotion

Proving a claim of discrimination can be challenging without direct evidence like emails, texts, and other correspondence; however, it is not impossible. The best thing to do would be to ask a lawyer what your options are. Consultations are free, and the advice could prove to be invaluable to not only yourself but your coworkers who may also be in a bad situation. Lawyers For the People has represented several victims of workplace discrimination, and we would be happy to walk you through the process.

Resources for Employees Facing Discrimination

If you are an employee facing workplace discrimination in California, it is crucial to understand your rights and the resources available to you. Discrimination can manifest in various forms, such as unequal treatment, harassment, or retaliation. Seeking assistance from an experienced employment discrimination attorney can help you navigate this complex legal process.

Here are five resources we recommend to our employment discrimination clients regularly:

  • California Department of Fair Employment and Housing (DFEH): The DFEH is responsible for enforcing state laws that prohibit workplace discrimination. They offer additional resources, including information on filing a complaint, mediation services, and educational materials to help you understand your rights as an employee.
  • Equal Employment Opportunity Commission (EEOC): The EEOC enforces federal laws that prohibit workplace discrimination. They provide information on filing a discrimination charge, guidelines on protected classes, and steps to take if you believe you have experienced discrimination.
  • Workplace Rights Clinics: Many law schools and nonprofit organizations host workplace rights clinics where you can learn and ask questions about employment-related issues. 
  • California Employment Discrimination Lawyers: Talking to a reputable employment discrimination attorney gives you access to all of these resources at your fingertips. Lawyers for the People can assist you with all of these same benefits, including legal advice tailored to your specific situation. 

Contact an experienced Employment Discrimination Lawyer in California

Pointer and Buelna, LLP: Lawyers for The People is proud to fight employment discrimination in California. Our steadfast team of California employment discrimination attorneys is standing by to fight for your rights! Contact us now to set up a free legal consultation and case review. We are available 24/7.

Other areas we serve:

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Adanté Pointer

Pointer has received numerous awards and honors. He has been selected as the “Nations Best Advocate” by the National Bar Association, a “Superlawyer” in 2021 by Superlawyers Magazine and was recently featured as being “the Best Civil Rights Lawyer You May Not Have Heard Of” by the East Bay Express.

Years of Experience: 16+ years

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“Patrick is a fantastic lawyer. He worked hard for over a year to secure me a fair settlement and hold those who harmed me accountable. I would recommend highly recommend him and would use him again if the need ever arises. Thanks Patrick and Lawyers for the People”

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California Employment Discrimination FAQs

As California employment discrimination lawyers, these are some of the most common questions we hear from clients in this area:

How Do I Choose the Right Attorney for Your Discrimination Claim?

Choosing the right attorney is crucial when it comes to navigating the intricacies of an employment discrimination claim. Here are a few key considerations to keep in mind when selecting an attorney to represent you:

  • Experience: Look for an attorney who specializes in employment discrimination cases and has a proven track record of success. They should have a deep understanding of California’s employment laws and regulations.
  • Reputation: Research the attorney’s reputation in the legal community. Read client reviews and testimonials to get a sense of their professionalism, expertise, and dedication to client satisfaction.
  • Communication: Effective communication is essential in any attorney-client relationship. Choose an attorney who is responsive, attentive, and keeps you informed about the progress of your case.
  • Fee Structure: Discuss the attorney’s fee structure upfront and ensure that it aligns with your budget and expectations. Some attorneys work on a contingency fee basis, which means they only get paid if they win your case.

What Should I Do If I Experienced Pregnancy Discrimination at Work?

If you believe you’ve been discriminated against at work due to pregnancy, follow the steps outlined above. Pregnant people have rights! You can not be demoted, terminated, or otherwise retaliated against for being pregnant.

What Steps Do I Take to File a Gender Discrimination Claim?

First, submit a complaint to the appropriate government agency, such as the DFEH or the EEOC. After you do that, reach out to the best California employment discrimination attorney you can find, like Pointer and Buelna. We will investigate your claim and determine if there is enough evidence for a lawsuit.

 

What Are Some Key Points about the Americans with Disabilities Act When It Comes to Employment Discrimination?

The Americans with Disabilities Act is a federal law that prohibits discrimination against individuals with disabilities. Here are some key points:

  • Reasonable accommodations: Employers are required to provide reasonable accommodations to qualified individuals with disabilities unless doing so would cause undue hardship. This includes modifications to the work environment or job duties that enable the employee to perform their essential job functions.
  • Prohibited discrimination: The ADA prohibits discrimination in all aspects of employment, including hiring, firing, promotions, and training. Employers cannot make decisions based on an individual’s disability or medical history.

What Damages Are Available in Discrimination Claims?

If you prevail in an employment discrimination claim, you may be entitled to various types of damages, including:

  • Compensatory damages: These damages cover the financial losses you incurred as a result of the discrimination, such as back pay, lost benefits, and future lost earnings.
  • Emotional distress damages: If the discrimination caused emotional distress, you can seek damages for the pain, suffering, anxiety, and other emotional harm you endured.

Punitive damages: In some cases, punitive damages may be awarded to punish the employer for their discriminatory practices and deter future instances of discrimination.

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  • Ryland Stamey

    56 years ago

    “Patrick is a fantastic lawyer. He worked hard for over a year to secure me a fair settlement and hold those who harmed me accountable. I would recommend highly recommend him and would use him again if the need ever arises. Thanks Patrick and Lawyers for the People”

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    56 years ago

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    56 years ago

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    56 years ago

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Adanté Pointer, who has more than 15 years of legal experience as a practicing personal injury trial attorney.