Although we live in a more progressive era, it is still all too frequent that employees are discriminated against in the workplace. An employee can be discriminated against for everything from their age, race, gender, or even a disability. No matter what specific kind of discrimination you’re experiencing as an employee, it’s wrong and highly illegal in California.
The employment law attorneys at Azadian Law Group, PC know that you have rights as an employee. If you currently face or previously were the victim of discrimination or harassment at your place of work or have faced wrongful termination as a result of discrimination, our Riverside workplace discrimination attorneys will fight aggressively to ensure that you are given the appropriate settlement for your damages.
Employment discrimination can take many forms and is, unfortunately, not uncommon. The Azadian Law Group, PC has represented current and former employees who have experienced a range of forms of workplace discrimination. Although some forms of discrimination can be blatantly apparent, some forms are not always.
Racial discrimination occurs when an employee or position applicant is treated wrongly because of their race, color, or nationality. Racial discrimination can take several forms, all of which are highly illegal under California employment law. You can be discriminated against for your race or an assumed race based on appearance. You can also be discriminated against in the workplace for features of your race, like the color and texture of your hair and specific facial features.
Nationality discrimination happens when you are discriminated against because of your actual or assumed country of origin. If you are being treated differently at work because you are from a certain part of the world, have a certain cultural heritage, or have a specific accent, you are experiencing prejudice. It doesn’t matter if you are not from the country or place of origin you are being discriminated against for; it is still illegal.
If you are in the process of immigrating to the United States and have gained clearance to work, it is also illegal for an employer to discriminate against you. If you are to be legally hired by an employer, but they choose not to hire you because of your immigration status, that is still discrimination under California law. If you believe that you have been discriminated against because of your race or country of origin, it’s essential that you contact a Riverside, California employment law attorney today.
Gender and/or sex discrimination occurs when an individual is treated differently or unequally because of their gender, including gender identity, and/or their sexual orientation. If you are being treated differently or unfairly because of your sex, gender, or sexual orientation you are being discriminated against. If you are being treated differently because of your involvement with a group or organization affiliated with people of a certain sex or sexual orientation, that’s still discrimination.
Even in the 21st century, the gender wage pay gap is all too real. In the workplace, it’s still, unfortunately, incredibly common for female employees to receive less compensation than their male counterparts, even when assigned to the same task. Under federal laws and Riverside County employment laws, every individual is entitled to equal pay for equal work.
Gender discrimination can be a form of prejudice in the workplace that is not always blatant. Sometimes, employers will show favoritism to a certain gender through the form of an implicit bias. This means that an employer who, for example, favored their male employees chooses to subject their female employees to more disciplinary actions, verbal coaching sessions, or performance improvement plans. This form of treatment could lead to the unfair and unjustified termination of employees.
If you believe that you have been discriminated against in the workplace because of your gender, gender identity, or sexual orientation, it is critical that you contact an employment law attorney immediately to get the settlement you deserve.
A disability is a physical or mental impairment that causes a person significant limitation in one or more life activities, including medical conditions that may restrict an individual’s ability to work. In order to be discriminated against as an applicant or existing employee, an individual must be considered a “qualified individual with a disability.” This means that the applicant or existing employee meets the requirements of the position and can perform all essential job duties with or without reasonable accommodations.
The employer of an applicant or employee with a disability must be able to provide reasonable accommodations. This is any sort of measure that helps a disabled employee complete the essential tasks of their job. This can include installing or purchasing certain equipment for the employee to use, modifying work schedules, or changing specific policies to meet the needs of the individual. For example, if an employee uses a wheelchair for their mobility, the employer needs to make sure that there is room for their chair to fit under a desk they are using.
However, it’s important to realize that not all accommodations can fit under the definition of “reasonable.” If a small business were to hire an individual who requested a flexible work schedule as an accommodation, they may claim that this causes the business “undue hardship.” Because this employee may not be able to be at work during their busiest hours, they could end up losing income because they are understaffed. In this instance, the business would not be discriminating against an employee, even if they had a disability.
If you have been denied a position that you were qualified for or have been denied reasonable accommodations for your disability in the workplace, that is a violation of Riverside employment law.
Religious discrimination can occur against both larger organized religions, like Christianity, Islam, or Judaism, and smaller religions or closely held ethnic beliefs. Discrimination can occur even if you aren’t the one practicing the religion. If your spouse, partner, or other associate practices a certain religion or holds a certain ethnic belief, and you are treated differently because of it, you are experiencing religious discrimination. Under some Riverside County employment laws, your religious practices and observances must be respected as well, within reason.
It is not uncommon for an employer to discriminate against older applicants and employees. You can be discriminated against during the hiring process if the employer claims they didn’t want to hire you because they were looking for a younger crowd. If you are currently employed, and your employer passes you up for a promotion and chooses a younger candidate instead, that can also be considered discrimination. Comments about what the timeline of your retirement is or insinuating that you are inept with technological devices because of your age are all forms of prejudice.
It is important to remember that you cannot be discriminated against for your age if you are under the age of 40. In addition, you cannot claim that you were not hired or passed up for a promotion due to your age unless you already meet the requirements of the job. You must be able to perform all essential job duties and have the necessary education that the position requires.
Pregnancy discrimination is a form of wrongful termination by an employer, which can be imposed upon the employee in many ways. If you are pregnant and, after informing your employer, begin to receive disciplinary action or are placed on a personal improvement plan shortly after, this could be discrimination.
If you told your employer you were pregnant and then was passed up for a promotion you were qualified for, there’s a possibility that you were discriminated against for more than one reason. In addition to FMLA and CFRA regulations, your employer may also be required to provide reasonable accommodations for you before and after your pregnancy. For example, if you work on your feet for long hours at a time, you could request to have additional breaks to rest.
Your employer must adhere to all Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA) laws and regulations. If you are eligible for leave under either act, but your employer does not permit you to take leave or retaliates upon your return, that is potentially discrimination. For example, if you return from leave and your position has not been retained for you, there have been a number of laws violated. If you have been denied leave, were pressured into not taking it, or your existing position was not retained for you upon return, it’s essential that you contact a workplace discrimination attorney for guidance on what next steps to take.
Harassment in the workplace is no joke, and unfortunately, it can be common workplace behavior in certain industries. It can occur as verbal or physical attacks or unwanted sexual advances. Harassment can be traumatic and make you feel incredibly unsafe in the workplace. Do not let it go unpunished. Talk to your Human Resources department and a credible Riverside, California labor law attorney today.
Yes, you can sue for several forms of discrimination in California. You can be awarded damages from lost wages, emotional distress and suffering, punitive damages (fines to punish the defendant), and your attorney’s fees.
First, speak to the offender. Keep a record of when the conversation happened and what was said. If there are no improvements, file a complaint with the company. If the situation continues, file an Administrative Charge. If the behavior continues after you’ve taken all the internal steps you can, it’s time to speak to an experienced discrimination attorney.
It entirely depends on your case, the circumstances, the evidence collected, and a variety of other factors. If you have not already begun the process of filing your complaint through the proper channels, you’ll need to get that started before continuing to think about moving forward with a discrimination suit. It’s best to consult with a Riverside employment law attorney before making any decisions.
Before you can file a claim against your employer, you are required to file a complaint through the Department of Fair Employment and Housing (DFEH). Usually, individuals are required to exhaust any administrative processes (including speaking to Human Resources at their workplace) before contacting an experienced workplace discrimination attorney.
If you are being discriminated against in the workplace, or have been wrongfully terminated, don’t wait any longer to collect what you are owed. The experienced team at Azadian Law Group, PC will aggressively fight for your case and your rights as an employee.
If you have been or are currently facing discrimination in the workplace or have been wrongfully terminated due to discriminatory practices, it’s time to fight back and get the settlement you deserve. Contact us for a free consultation today.