Employment Discrimination Attorney

Employment discrimination has no place in a professional setting, yet many workers still continue to face such treatment on a day-to-day basis. Being denied job opportunities, targeted by bias, or disciplined for voicing your concerns can change the course of your career. Remember, you have the right to fight back and to be treated with fairness and respect

If you suspect you are being discriminated against at work, trust your instincts and take action. Unfair treatment usually starts off in a subtle manner, but you do not have to sit in silence and wait for it to escalate. Speaking with a knowledgeable discrimination lawyer can help you understand your legal rights and be there for you when you take steps to protect yourself.

At West Coast Employment Lawyers, our skilled discrimination attorneys are committed to fighting for fairness. We pursue justice on behalf of workers wronged due to protected traits, like race, gender, disability, age, pregnancy, or sexual orientation discrimination.

Our legal team has extensive knowledge of California and federal anti-discrimination laws. We will work tirelessly to pursue compensation, reinstatement, or other remedies you deserve.

To schedule a FREE consultation, you can reach out to us by calling 213-927-3700 or completing our easy online contact form.

What Is an Employment Discrimination Attorney?

A workplace discrimination attorney represents individuals who have faced unlawful treatment in the workplace based on protected characteristics. They help gather evidence, assess damages, file discrimination claims, negotiate settlements, and, if necessary, represent clients in court. These legal experts help navigate clients through challenging laws, ensuring deadlines are met and rights are protected. Their goal is to fight for justice, whether it is done through negotiations or litigation, when employers refuse to take accountability for their actions.

What Are Examples of Employment Discrimination? 

Employment discrimination happens when an employer treats job applicants or employees unfairly because of protected characteristics. This is considered illegal discrimination under federal and state laws. Some examples include:

• Discrimination based on national origin: When someone is denied employment or is mistreated because of their accent, birthplace, or cultural background. For instance, refusing to hire someone because they have a distinct way of speaking or follow certain cultural customs.
• Age discrimination: This involves treating an employee or job applicant less favorably because of age, and applies to those who are 40 and older. For example, an employer is replacing older workers with younger, entry-level workers. In most cases, this would be noted as illegal discrimination.
• Religious practices discrimination: Employers must make reasonable accommodations for those who have religious beliefs or observances. Refusing to provide a flexible schedule for prayer or restricting religious attire at work can fall under employment discrimination.
• Hostile work environment: Ongoing offensive comments, slurs, or jokes directed towards a person’s protected traits, like age, religion, or ethnicity, can contribute to a hostile work environment. This would be deemed as workplace harassment since it interferes with an employee’s ability to fulfill job-related duties.
• Employer retaliation: When an employee reports discrimination or harassment and endures punishment, like demotion or termination, it will be considered employer retaliation, which is not allowed in California.

Simply put, employment discrimination can take place at any stage, from hiring to wrongful termination. Whether it involves job applicants being unfairly rejected or employees experiencing retaliation for speaking out against illegal activities, such behavior goes against workplace laws and standards of fairness.

What Laws Protect Workers from Discrimination?

If you believe that you are facing discrimination at work, it is important to take action under both state and federal law. In California, the Fair Employment and Housing Act (FEHA) makes it unlawful for employers to discriminate, harass, or retaliate against workers due to their race or color. Complaints under FEHA are managed by the California Civil Rights Department (CRD), which will look into such cases and issue a right-to-sue notice if legal action is needed.

At the federal level, Title VII of the Civil Rights Act of 1964 (Title VII), enforced by the Equal Employment Opportunity Commission (EEOC), provides similar legal protections against workplace discrimination.

What Are the Types of Discrimination Claims?

There are many types of discrimination that occur in the workplace–some of which you might not even be aware of. This includes racial discrimination, age discrimination, pregnancy discrimination, gender discrimination, sexual orientation discrimination, religious discrimination, and disability discrimination. 

Racial Discrimination

Racism involves offensive language, gestures, or actions against someone based on their racial or ethnic group. If you are experiencing one or more of the following in the workplace, you may be experiencing racial discrimination:

• You are being repeatedly passed over for promotions despite your strong work performance.
• Certain racial or ethnic groups are being favored for advancements whereas others are being routinely overlooked.
• Coworkers or supervisors are making jokes, slurs, or insensitive comments about your race or accent.
• Unnecessary comments are being made about your looks or name.
• Your communication style is used to question your professionalism.
• You are being left out of work-related events or projects where others are included.

Age Discrimination

Age discrimination happens when an employer mistreats an employee or job applicant because of their age, most commonly directed towards workers 40 and older. While some forms of bias are overt, others may appear subtle and disguised as “business decisions” or even “performance concerns.” Under federal and state law, this is unlawful.

The Age Discrimination in Employment Act (ADEA) covers workers that are 40+ years old, while FEHA gives stronger protections at the state level. The CRD enforces FEHA, ensuring that employers are held responsible for exhibiting discriminatory practices, retaliation, or wrongful termination based on age.

Some clear warning signs of age discrimination in the workplace include the following:

• You keep hearing comments about your age, like being “too old to keep up” or jokes about retirement.
• You are often overlooked for advancement opportunities that are instead given to younger employees with less experience.
• You are encouraged to consider early retirement or told your role will be phased out. These are some tactics used to push older workers out without admitting bias.
• You are being paid less than your younger co-workers in similar roles even when your performance is equal or better.

Pregnancy Discrimination

Pregnancy discrimination happens when an employer treats a worker or job applicant unfairly because of pregnancy, childbirth, or for related medical conditions. This type of conduct is banned under both state and federal law. At the federal level, the Pregnancy Discrimination Act (PDA), known as an amendment to Title VII, makes it unlawful to discriminate against someone based on pregnancy in terms of hiring, promotion, job assignments, pay, or termination.

In California, FEHA also gives protections, requiring employers to provide reasonable accommodations for pregnancy-related issues and guaranteeing pregnancy disability leave (PDL) when needed. The CRD will also enforce state protections, ensuring workers are not penalized or harassed for pregnancy or related matters.

The Pregnant Workers Fairness Act (PWFA) expands federal protections by requiring employers with 15 or more employees to provide reasonable accommodations for pregnancy-related limitations. This involves flexible schedules, light work, or more frequent breaks. Employers cannot force an employee to take leave if a reasonable accommodation would allow her to keep working.

The Americans with Disabilities Act (ADA) also protects employees who have a pregnancy-related condition that is deemed as a disability. In such cases, employers are required to provide reasonable accommodations, and cannot retaliate as a response to such requests.

Some notable signs of pregnancy discrimination include the following:

• Sudden negative treatment after announcing your pregnancy.
• Denied requests for doctor-recommended accommodations.
• Receiving negative or dismissive comments about your pregnancy or ability to fulfill work-related duties.
• Hostile comments referring to pregnancy, motherhood, or family responsibilities.

Gender Discrimination

Gender discrimination is when an employer treats workers or job applicants unfairly because of their sex, gender, or gender identity. Some examples include the following:

• You notice the opposite gender, who is performing the same work, being paid or promoted faster. In addition, you discovered that leadership roles or key projects are also going to one gender regardless of their qualifications or overall job performance.
• You are denied employment due to assumptions made about your gender. This includes positions being “better suited for a man” or that a woman may not be able to handle physical work or long hours.
• Co-workers or supervisors making offensive comments or jokes about your gender, appearance, or attire.

Title VII will cover all aspects of employment, and is enforced under the EEOC. When it comes to fair pay, the Equal Pay Act (EPA) will require that men and women performing substantially equal work in the same facility will be given equal pay. Employers cannot justify wage disparities based on gender unless they are decided from certain factors, like seniority or merit. The EPA is enforced under the EEOC and the U.S. Department of Labor (DOL).

Sexual Orientation Discrimination

Sexual orientation discrimination happens when an employer mistreats an employee or job applicant because of their actual or perceived sexual orientation. This applies whether they identify themselves as gay, lesbian, bisexual, heterosexual, or otherwise. It can also involve unfair treatment because of being associated with someone (like a spouse or partner) who is of a particular orientation.

Under Title VII, employers are banned from discriminating based on sex. This comes after the Supreme Court of the United States issued a landmark decision in the case of Bostock vs Clayton County.

California’s FEHA also goes beyond federal law by listing sexual orientation and gender identity as protected traits. Under FEHA, it is not allowed for employers to make harmful decisions solely because of someone’s sexual orientation.

Employees can file a complaint with the CRD and if the agency determines there is a cause for legal action or if the affected individual wishes to move forward independently, it can issue a right-to-sue notice, permitting them to seek a civil lawsuit in court.

Religious Discrimination

Religious discrimination occurs when workers are unfairly treated due to religious beliefs or practices, such as Christianity, Judaism, Hinduism, Islam, and Buddhism. Such mistreatment can take on many forms, from denying reasonable accommodations for religious practices to retaliation, harassment, or wrongful termination based on a person’s faith. Employers are required to make efforts to accommodate religious observances as long as it does not cause undue hardship to the company.

Recognizing the following signs of religious discrimination can help prevent further harm, and also preserve evidence for your case:

• Your employer does not accept your reasonable accommodation request even when it would not disrupt business operations.
• Your co-workers or supervisors are making inappropriate comments about your religion.
• You are being pressured to take part in religious practices at work.
• You are excluded from meetings or promotional opportunities due to your beliefs or religious attire.

If you suspect that you are being discriminated against because of your religion, you should document each interaction and report such behavior to your company’s HR. If the problem continues, file a complaint with the EEOC or CRD.

Disability Discrimination

Disability discrimination takes place when an employer treats a qualified employee or job applicant unfairly due to having a medical condition (or a history of one), or even because the employer believes they have a disability. This type of treatment is unlawful under both federal and California law. Below are some common indicators include:

• Your employer refuses to or delays providing accommodations even after they are given medical documentation to prove the status of your condition.
• Supervisors or co-workers are making offensive comments about your disability or appearance.
• You are being denied promotions or key projects because your employer assumes your disability makes you unqualified.

Under the ADA, employers with 15 or more employees will need to provide reasonable accommodations, like work adjustments, assistive technology, or changes to workplace policies, as long as it does not cause undue hardship. The EEOC enforces the ADA and will investigate disability discrimination-related complaints at the federal level.

The Rehabilitation Act of 1973 may also apply. This is primarily to federal employees, contractors, and organizations given federal funding. It bans discrimination against people who are diagnosed with disabilities and requires proactive measures to ensure equal opportunity in federally funded workplaces.

FEHA also provides legal protection, preventing employers from discriminating or harassing disabled employees or those that they perceive are disabled. The CRD enforces FEHA. Employees can file a complaint with this agency to seek a resolution.

Is it Worth Suing an Employer for Discrimination?

Suing an employer for discrimination can be worth it if you endured harm as a result of a job loss, emotional distress, or damage done to your career. But, it is important to understand that doing this will require proper documentation of the discrimination you experienced. Evidence, like electronic communication, witness statements, and performance reviews can play an important role in proving your claim.

West Coast Employment Lawyers can take on employment discrimination-related matters on your behalf to help you build a well-constructed case, guide you through the filing process, and represent you in negotiations or court. With professional guidance, you may be able to recover compensation for any losses you incurred, including lost wages and emotional distress.

All in all, a discrimination lawsuit is not only about seeking justice for yourself, but also holding the employer accountable and preventing future unlawful treatment from affecting the workplace.

What to Do When You Are Being Discriminated Against at Work? 

If you believe you are being discriminated against at work, you should consider implementing the following strategic actions to protect your rights:

• Document everything: Be sure to maintain records of each discriminatory incident, including the dates, times, locations, the people involved, and if any witnesses were around for these occurrences. Save emails, texts, or memos that demonstrate patterns of unfair treatment or bias.
• Report internally: Notify your supervisor, human resources (HR) department, or someone else who has a high level of authority within your company. Many employers have internal complaint procedures set and reporting discrimination through these channels will help establish that you pursued reasonable steps to have the situation resolved.
• Avoid retaliation: Employer retaliation is illegal. If you endured negative consequences as a result of reporting discrimination, like being reassigned, excluded, or demoted, make note of it as this could help strengthen your case.
• File a formal complaint: If the company does not properly address the issue, you can file a complaint with a government agency, like the EEOC or the CRD. These agencies investigate claims of illegal discrimination and can issue a “right-to-sue” letter if your case qualifies for legal action.
• Seek legal assistance: Reaching out to an employment law firm that takes on such cases can make a big difference. A knowledgeable discrimination attorney can take a look at your situation, go over your legal options, and represent you every step of the way, from filing your claim to negotiating a settlement or going to court.

These steps will not only protect your rights, but also help ensure accountability within the workplace, along with promoting fair treatment and preventing others from facing similar forms of discrimination.

West Coast Employment Lawyers Is Here to Help

If you believe your rights have been violated, you have legal options and we are here to make sure they are enforced. At West Coast Employment Lawyers, our legal team does not step down from employers or large corporations. We will stand by our clients from start to finish, ensuring the responsible party is held accountable, while also fighting to maintain a safe workplace for all.

Taking early action can make all the difference. Book a FREE consultation today by calling 213-927-3700 or filling out our quick online contact form. 

Frequently Asked Questions About Employment Discrimination