Defining Workplace Discrimination
Workplace discrimination in Long Beach refers to an employee or job applicant being treated unfairly based on a protected characteristic. Protected characteristics or classes in the state of California include:
- Race, Color, Ethnicity
- Gender or Sex (including pregnancy, childbirth, breastfeeding, etc.)
- Sexual Orientation, Gender Identity, Gender Expression
- Religion
- Marital Status
- Genetic Information
- Military or Veteran Status
- Disability or Medical Conditions
- Age (40 and older)
- Private Cannabis Use
In real workplaces across Long Beach, including offices, retail stores near downtown, and employers with operations that may end up in the Long Beach Courthouse, discrimination often shows up through patterns over time rather than one obvious event. You might notice you are consistently passed over for desirable shifts, training opportunities, or promotions while less-qualified coworkers who do not share your protected characteristic move ahead.
Discrimination that occurs in the workplace involves many forms of distinctive treatment that negatively affects a person’s employment status, work environment, and career development. Workplace discrimination can happen at any employment stage, including hiring, wage determination, promotion, firing, and overall working conditions. It can be deliberate or accidental, subtle or blatant, and can be the result of a company policy, individual acts, or broader issues within a company.
Common types of workplace discrimination that may occur include disparate treatment, disparate impact, and harassment. Any kind of discrimination can have serious consequences for employees, such as financial loss, career hindrance, and emotional distress. Employers are legally obligated to prevent discrimination in their company and address it when it happens, providing an appropriate remedy.
Remedies for Workplace Discrimination
These are some potential remedies an employee may pursue in a workplace discrimination case:
- Back pay: An employee may receive compensation for wages lost due to wrongful termination, a demotion, or a failure to promote. It can consist of lost salary, commissions, and bonuses.
- Front pay: If, for whatever reason, the affected employee does not continue working for the company where they experienced the discrimination, they may be entitled to compensation for future lost wages.
- Emotional distress damages: Employees can recover compensation for emotional distress that resulted from the discrimination.
- Hiring/promotion/reinstatement: In some cases, an employee may be reinstated to their former position or promoted to the position they were denied because of discrimination. Individuals who were denied employment due to discrimination may then be entitled to employment.
- Policy change: The employer may be ordered to make necessary changes to policies or practices to keep discrimination from happening again.
- Reasonable accommodations: An employee with a disability can be given the proper accommodations they were denied because of disability discrimination. This can ensure they are able to effectively perform their job duties without hardship.
- Punitive damages: In cases where the discriminatory conduct is malicious or reckless, the employer may be ordered to pay punitive damages as further punishment and to deter any future conduct of that nature.
- Attorney costs and fees: An employee who has a successful outcome with their discrimination case may be entitled to recover all legal fees and expenses.
These remedies are meant to hold employers accountable, restore the affected employee’s emotional and financial health, and discourage workplace discrimination going forward. It is important to note that the remedies you may be entitled to depend on the details of your claim.
How a Long Beach Discrimination Lawyer Can Help
Many employees are unsure when it is time to reach out for legal support and what a lawyer will actually do for them day to day. When you contact our workplace discrimination lawyer in Long Beach, we can help you understand whether your experience fits within the protections of California’s Fair Employment and Housing Act and related federal laws. We also help you weigh practical considerations, such as your current job situation, your income needs, and the evidence you already have, so you can decide whether to file a complaint with an agency or pursue a lawsuit.
Our representation often includes gathering and organizing documents, interviewing potential witnesses, and communicating with your employer or their attorneys so you are not dealing with those stressful conversations alone. We help you prepare for court appearances and explain what to expect at each step. By working closely with an experienced discrimination lawyer Long Beach employees trust, you do not have to navigate complex procedures, deadlines, or negotiations on your own while you are also trying to recover emotionally and plan your next career steps.
FAQs
What Should I Do if I Witness a Coworker Being Discriminated Against?
If you witness a coworker being discriminated against, you can report it to your employer or supervisor, HR department, or a government agency such as the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission (EEOC). If the coworker reports the incident, you can support them by providing a witness testimony or statement.
What Laws Protect Employees From Workplace Discrimination?
There are various laws that protect employees from workplace discrimination. The primary law for the state of California is the Fair Employment and Housing Act, which prohibits discrimination on the basis of race, gender, sex, sexual orientation, disability, religion, and many other protected characteristics.
On the federal level, there are several laws, including Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act, the Age Discrimination in Employment Act, and the Immigration Reform and Control Act, to protect employees.
How to Deal With Unfair Discrimination in the Workplace?
Navigating unfair discrimination in the workplace is not easy, but you can effectively address this issue by taking the following steps:
- Become familiar with the company’s anti-discrimination policies
- Document the incidents of discrimination
- Report the discrimination to either human resources or your employer, making sure you receive a written report
- Consult with a lawyer to discuss your options
Can My Employer Retaliate if I Report Workplace Discrimination?
No, your employer can not lawfully retaliate if you report workplace discrimination. There are both state and federal laws that protect workers from retaliation when they participate in protected activities such as reporting discrimination, participating in a discrimination investigation, or filing a discrimination complaint with a government agency. Retaliation is a form of discrimination, and a complaint can be filed with a government agency that handles it.
If you or someone you know has been a victim of workplace discrimination in Long Beach, do not hesitate to contact us at Nosrati Law, A Professional Law Corporation.
