What Laws Protect Employees from Discrimination?
Federal and state laws protect employees from discrimination. Many of these laws involve the Civil Rights Act of 1964 and the California Fair Employment and Housing Act. These laws prohibit employers from making decisions on the basis of religious creed, race, national origin, color, ancestry, mental or physical disability, marital status, sex, gender or gender identity, expression, age, sexual orientation, or military or veteran status. In California, it’s also illegal to discriminate against people who have a genetic disposition to disease. Testing employees for genetic markers is against state law.
State law also has a special provision for “English only” policies. Under California law, an employer cannot prohibit nor limit employees from using any language within their workplace, unless the nature of the business necessitates a restriction. If this is the case, employees must receive notifications of when and where language use is restricted, as well as any consequences.
California laws are generally broader than federal statutes regarding civil rights, especially as they pertain to sexual harassment and discrimination against those with disabilities. Unlike federal laws, a victim of sexual harassment can hold a co-worker personally liable for workplace harassment.
With regard to disability, state laws differ from the federal Americans with Disabilities Act. California law has a broader interpretation of physical disabilities, mental disabilities, and medical conditions, and it does not have a requirement for substantial limitation on life activities.
What Is the EEOC and What Does it Do?
Workplace harassment charges fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC). This federal governing body investigates all complaints of harassment or discrimination in the workplace and makes recommendations to employers who they determine are in violation of state and federal employment law. In many cases, you must file a complaint with the EEOC and receive a “go-ahead” to file a claim against an employer for workplace harassment.
How Do You File a Workplace Discrimination Complaint in California?
In California, you may file a workplace discrimination claim with one of two agencies: The California Department of Fair Employment and Housing, or the EEOC. These two agencies have a “work-sharing agreement,” which means they work together to investigate and process claims. As long as you indicate you want to “cross-file” with both agencies, you don’t need to file a claim with both.
California anti-discrimination laws cover smaller employers who do not fall under the umbrella of federal law. If you work for a smaller company (between 5 and 14 employees), you should file your claim with the DFEH instead of the EEOC. The federal organization only covers employers with 15 or more employees. If your organization has at least this many employees, you may choose to file with either.
In order to file a claim with the DFEH, contact the headquarters using their toll-free hotline for employee discrimination. Once you speak to a representative, you will set up an appointment at a district office and talk about your harassment or discrimination in person.
Once you file a report with the EEOC or the DFEH, they will conduct an investigation into your claims and determine if your workplace was in violation of federal or state civil law. If they find evidence of harassment or discrimination, they will inform you and your workplace of any violation, as well as recommended actions. At this point, you will be able to file a private claim with the help of a California civil rights attorney. These claims seek to compensate for any economic and general damages you suffered resulting from the workplace harassment. Contact a local Los Angeles discrimination lawyer if you have further questions regarding your claim.
What Qualifies as Workplace Discrimination?
Common examples of workplace discrimination include:
- Choosing one job applicant over another qualified one because of a protected class.
- Excluding certain people during recruitment.
- Discrimination of a pregnant employee.
- Denying certain employees raises, promotions, or other benefits.
- Paying two employees with equal qualifications different salaries.
- Discriminating when assigning medical leave, disability leave, or retirement plans.
- Discriminating when it comes to assigning promotions or laying employees off.
- Refusing to provide reasonable accommodations for employees with disabilities.
- Refusing to hire or promote a person because of his/her religion, nationality, race, or sexuality.
- Imposing stricter rules on someone because of a protected class.
- Excluding someone from workplace meetings and opportunities.
How Much Does an Employment Discrimination Lawyer Cost in Los Angeles, CA?
At Nosrati Law, A Professional Law Corporation, our attorneys have compassion for employees dealing with serious workplace discrimination. We understand how detrimental discrimination can be to a worker’s financial, emotional, mental, and physical well-being. We do not wish to add stress with expensive legal fees. Instead, our mission is to help wronged workers by offering worry-free legal representation. We offer our discrimination law services on a contingency fee basis.
In our contingency fee arrangement, you will only pay attorney’s fees if we succeed in achieving favorable results for your claim. If we do not obtain a financial award on your behalf, you will not pay for our legal representation during your case. It will not matter how much time or work we put into your case; if we do not win, you will pay $0 for our services. Our law firm takes on the full risk of your discrimination case so you can take a negligent, dishonest or criminal employer to court.
Understanding the Role of a Workplace Discrimination Lawyer in Los Angeles
Many employees are unsure what a workplace discrimination lawyer actually does once a claim begins, especially when they are juggling job searches, family responsibilities, and the emotional impact of unfair treatment. A discrimination attorney in Los Angeles can guide you from the very first step of preserving important evidence through any investigation by the EEOC or California Civil Rights Department and, when appropriate, into litigation in courts such as the Stanley Mosk Courthouse in downtown Los Angeles. This support can give you room to focus on your health and your next career move while your legal team manages deadlines, filings, and communications with your employer’s representatives.
Do I Need a Discrimination Lawyer in Los Angeles, CA?
Handling your workplace discrimination claim alone could expose you to additional violations of your rights as a worker. Your employer may deceive you into thinking you do not have grounds for a claim, for example, or refuse to resolve the issue. If you hire a discrimination law firm, no one can take advantage of you during the claims process. Your lawyer will walk you through each step while keeping in mind your best interests. Instead of going up against your employer alone, your attorney can take care of settlement negotiations for you.
You may need a Los Angeles discrimination lawyer if you suffered serious harm because of an employer’s actions. If your employer’s unlawful conduct led to job termination, demotion, damage to your reputation, or another adverse outcome that impacted your life, a lawyer could help you get back on your feet. You may need an attorney’s assistance in holding your employer accountable for discrimination. Your lawyer can argue for a favorable resolution while you focus on healing.
FAQs About Los Angeles, CA, Discrimination Laws
What Qualifies as Discrimination?
In Los Angeles, there are a wide variety of behaviors that count as employment discrimination. These actions are usually associated with an employee’s membership in a protected class, which can be a characteristic such as their age, religion, race, or gender.
Many actions that specifically target someone belonging to a protected class are illegal, including:
- Refusing to hire or promote someone based on a protected class
- Not allowing disabled employees with unique needs to have reasonable accommodations to perform their job
- Creating workplace policies that negatively affect employees in certain protected classes
What Should Employees Do if They Feel They Have Been Discriminated Against?
Employees have many different options they can take if they feel that they are the victim of discrimination in the workplace. They can first attempt to solve it internally with their supervisor or HR department. If their claims are unable to be resolved through these channels, at the federal level, they can file a Charge of Discrimination with the U.S. Equal Employment Opportunity Commission.
After filing, the commission will do one of two things:
1. Offer a mediator between you and your employer and/or assist you in delivering a formal complaint to your employer
2. Give you a right-to-sue letter, allowing you to file a discrimination claim against your employer with the help of an attorney
What Are the Things That an Employer Cannot Discriminate Against?
In Los Angeles, there are several attributes that an employer cannot discriminate against. These statuses are often referred to as protected characteristics.
They include:
- Race or skin tone
- Age, especially regarding individuals 40 and older
- Sex, which includes one’s pregnancy status, sexual orientation, or gender identity
- National origin
- Disability status or genetic condition, which includes both physical and mental disabilities
- Religious beliefs
- Relationship or marital status
- Military history or status
How Do I Prove Discrimination at Work in California?
The things an individual must do to prove employment discrimination depend on the type of discrimination that occurred.
If an employee is treated differently due to their membership in a protected class, this is called disparate treatment discrimination. In these claims, they must prove that:
- Their employer is subject to laws against discrimination (there are some exceptions)
- There was a negative action taken by the employer against the employee that was specifically done due to the employee’s protected status
- The employee was harmed in some way by the action
How Do You Tell if Your Boss Is Discriminating Against You?
Workplace discrimination can be difficult to determine, but the following are some common actions managers and employers take when engaging in discrimination:
- Disparate Treatment: If you find out that you are being held to different standards than other employees, including things like hours worked or levels of performance, it might be a sign of discrimination.
- Negative Comments: Just because a coworker makes an offensive comment does not mean it is discrimination, but it can be if it is about a protected class and the comment adversely affects the employee.
- Sudden Changes: In many instances, an employee is fired or demoted seemingly at random, even if their job performance has not changed. This is sometimes due to discrimination.
Contact Our Los Angeles Employment Discrimination Attorney Today in Los Angeles
If you have experienced any adverse employment action at work that appears to arise out of discrimination but are not sure what to do, talking to a local Los Angeles workplace discrimination attorney can help. The sooner you speak to a legal representative about possible discrimination at work, the better. Prompt action can help limit your damages, such as the amount of money you lose because of a demotion or job termination.
The Los Angeles discrimination attorneys at Nosrati Law, A Professional Law Corporation, are always available to discuss a potential claim with you in Los Angeles (323) 784-0643 or contact us online.
