Every employer in the United States must abide by the workplace discrimination and harassment laws set forth by the Equal Employment Opportunity Commission (EEOC). This government agency is responsible for developing and enforcing United States workplace discrimination policies. The agency also investigates claims of illegal workplace discrimination in US workplaces.
If you believe you have faced any unjust, unethical, or illegal treatment at work based on your personal qualities, you likely have grounds to take legal action for workplace discrimination. The term “discrimination” in employment law refers to the unlawful basing of work-related decisions on an employee’s or applicant’s protected personal qualities. For example, in California and most of the United States, it is illegal for employers to discriminate based on:
Anyone unsure whether the treatment they recently experienced was illegally discriminatory should speak with an experienced San Bernardino workplace discrimination lawyer as soon as possible. While your experience may seem difficult to prove from a legal perspective, an experienced attorney can explain your rights under the EEOC and help you determine your best options for legal recourse in response to workplace discrimination.
The Azadian Law Group, PC, has extensive experience providing client-focused legal counsel in difficult employment-related disputes in San Bernardino and the Los Angeles metropolitan area. If you believe you have been the victim of unlawful workplace discrimination, our team can assist you in filing your report to the EEOC and holding your employer accountable for the damaging treatment you experienced.
The EEOC is the government agency responsible for investigating and resolving workplace discrimination complaints of all kinds in US workplaces. If you believe you have grounds to take legal action against your employer in response to the workplace discrimination you experienced, you cannot proceed directly with a civil lawsuit against your employer. First, you must file an EEOC claim and have the agency investigate the matter.
An experienced San Bernardino workplace discrimination lawyer can help their client file their EEOC claim, ensuring it contains as much supporting evidence as possible so the agency can provide the swiftest turnaround on their investigation. Most EEOC claims receive responses within 180 days of filing. If the EEOC determines that your claim is valid and you did experience unlawful discrimination from your employer, they will issue you a Notice of Right to Sue that enables you to proceed with a civil claim against your employer.
When the EEOC investigates any employer for suspected workplace discrimination, the employer must comply with and facilitate the EEOC’s investigation. Failure to do so can lead to severe penalties. In addition, if the EEOC determines the employer’s behavior was flagrant enough, it may initiate legal proceedings against the employer on the claimant’s behalf. Your San Bernardino workplace discrimination attorney can provide ongoing support while the EEOC investigates your case.
Once you receive the EEOC’s approval of your workplace discrimination claim, you can proceed with your civil claim against your employer. You have the right to seek full compensation for any economic damages you experienced because of their actions. For example, if you were discriminated against in any way that resulted in the loss of your job, you could potentially seek reinstatement, back pay for the lost income and lost benefits incurred after your termination, and you may receive liquidated damages equal to your economic losses to reflect the distress your situation caused.
If you experienced harsh, psychologically damaging discrimination, you also have the right to seek compensation for your employer’s intentional infliction of emotional distress. Your San Bernardino workplace discrimination attorney will assist you in calculating the damages you may seek in your claim. Many victims of workplace discrimination know they can collect compensation for lost income, but they may not realize the full scope of their potential recovery until they have experienced legal counsel advising them.
Most of all, the civil claims filed in California end in private settlement negotiations. When an employer is clearly liable for workplace discrimination, they face penalties from the EEOC and also reputational damage if word of their actions against an employee becomes public knowledge. Therefore, it almost always behooves an employer accused of workplace discrimination to settle this type of dispute as quickly and quietly as possible. However, litigation can arise in response to severe workplace discrimination or hotly disputed claims. In either case, you need legal counsel you can trust from an experienced San Bernardino workplace discrimination attorney.
The right attorney can positively influence your experience with the EEOC claim process, the outcome of your EEOC claim, and how subsequent civil court proceedings unfold. Our firm takes a client-focused approach to employment dispute representation. We’ll learn as much as we can about you and your situation. Our team will assess the full scope of effects the workplace discrimination you experienced has had on your life and help you gather the evidence you need to support your claim.
The Azadian Law Group, PC, can assist you in drafting your EEOC complaint. This will reduce the chances of clerical errors or other mistakes interfering with the EEOC’s investigation of your claim. In addition, if the EEOC requires additional information following the submission of your complaint, your attorney can address their concerns on your behalf until they conclude their investigation.
Once you have your Right to Sue, your San Bernardino workplace discrimination lawyer can help you build your civil case against your employer. The EEOC’s support of your claim will significantly boost your chances of ensuring your employer’s accountability for your damages. You must then provide a complete list of all the compensation you intend to secure with your claim. At this point, your case will likely proceed to settlement negotiations with the defendant, and your attorney can assist you in ensuring you receive a fair settlement offer. However, if settlement fails or the defendant is unwilling to compromise, your case may proceed to litigation, taking much longer to resolve.
The outcome of a successful workplace discrimination claim can not only help the victim of discrimination secure appropriate compensation for their damages but also prevent others from experiencing similar problems in the future. Ultimately, the right attorney is a tremendous asset for anyone intending to take legal action in response to workplace discrimination in San Bernardino, CA.
Workplace discrimination continues to persist in American workplaces in many ways. Some of California’s most commonly reported types of workplace discrimination include racial discrimination and discrimination against applicants and employees with disabilities. In the case of the latter, there are additional legal protections for disabled workers within the Americans with Disabilities Act (ADA), and employers who violate this law face severe penalties.
It can be very difficult to prove workplace discrimination occurred in some cases. Your San Bernardino workplace discrimination lawyer can assist you in determining what evidence you will need to substantiate your case. This may include records of communications between you and your employer, testimony from co-workers, and a comparison of your treatment from the employer versus their treatment of others in your workplace.
The exact value of your claim hinges on the scope of the economic losses you suffered and the severity of the defendant’s actions. If you endured a protracted campaign of harassment from your employer and/or co-workers, this was likely emotionally stressful and disruptive to your work performance. A good attorney can help their client secure compensation for economic losses and the emotional distress they experienced.
Technically, there is no strict legal requirement to hire a lawyer if you intend to pursue a workplace discrimination case. However, you are more likely to succeed with your legal action with the help of an experienced attorney. In addition, your legal team can make it much easier for you to navigate the complex EEOC claim process and compile your civil case against your employer. Ultimately, investing in legal counsel you can trust can pay off tremendously when it comes to the outcome of your case.
The Azadian Law Group, PC, has years of experience representing clients in difficult employment disputes, including many cases pertaining to various forms of workplace discrimination. We know how hard it can be to endure unfair treatment and outright abuse from co-workers and employers based on your personal qualities. We aim to help you hold the appropriate parties accountable for your experiences. To learn more about your legal options following an incident of workplace discrimination. Contact the Azadian Law Group, PC, and schedule your free consultation with a San Bernardino workplace discrimination attorney you can trust.