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Workplace discrimination is a prevalent issue that affects employees every day all over the country. It can often consist of wrongful termination, workplace harassment, and gender discrimination. This conduct creates a hostile work environment, infringing upon the rights of employees and limiting employee opportunities. With the help of a Palmdale workplace discrimination lawyer at Nosratilaw, A Professional Law Corporation, employees can take action against workplace discrimination.
The legal team at Nosratilaw, A Professional Law Corporation, is skilled at advocating for employees and individuals who have experienced harassment, discrimination, or retaliation in a place of work. We have a deep understanding of state and federal employment laws, making us completely capable of helping you build a strong case. We can not only secure the justice you deserve but also secure fair compensation.
Working with a workplace discrimination lawyer in Palmdale, CA, can ensure you are given invaluable guidance and support during your case. When you present your discrimination claim for a lawyer to assess, they can help you determine if the claim is valid and if you have a strong case. Furthermore, a lawyer can explain the anti-discrimination laws that apply to your case on the federal, state, and local levels. They can also make sure you understand what remedies are available to you.
The process of filing a workplace discrimination claim is a difficult task without a legal professional who is familiar with each step, deadline, and document needed. A lawyer can also explain to you the difference between filing a complaint and going the litigation route. While working with you on your case, your lawyer can help ensure you are confident in every decision and that your rights are protected at every stage.
It can be a challenge to prove workplace discrimination, but it is a crucial part of building a strong case. You will need to have evidence that establishes a connection between a protected characteristic and the discriminatory act performed against you, such as harassment or termination.
You can begin by documenting the incident of discrimination, whether there was one incident or multiple. Be sure to make a note of the location, date, and time, and describe what occurred in as much detail as possible. Reporting the incident to your employer or HR can also be beneficial, depending on the circumstances. For each incident, you can request a written copy of the report for your own records.
Aside from your own documentation of the incident, the evidence you gather is vital to proving your case. In workplace discrimination cases, the burden of proof usually falls on the employee who brings the claim. There are two types of evidence you can use to prove your case: direct evidence or circumstantial evidence.
Direct evidence can be difficult to obtain. It’s any evidence that explicitly demonstrates that the adverse act against you was done based on a protected characteristic. This could be a statement or email telling a manager to fire an employee because they’re pregnant or because of their race. Witness statements would also be applicable if another coworker overheard or saw the discriminatory statements or conduct. Direct evidence is clear and convincing proof.
Circumstantial evidence, on the other hand, is far simpler to obtain because it doesn’t need to be explicit; it just needs to show there is a high probability of discriminatory intent. One might provide evidence showing a pattern of discrimination against others in their protected class or evidence that shows employees who do not share the same protected characteristic were given preferential treatment in similar situations. The more circumstantial evidence you can present, the higher your chances of establishing a culture of discrimination.
An experienced employment lawyer can assist you with gathering as much evidence as possible and give you advice on what to look for when it comes to circumstantial evidence.
A. In California, it is considered discrimination in the workplace if an employer treats a job applicant or employee unfairly based on a protected class or characteristic. Here are a few examples:
A. You can recover a variety of damages after proving workplace discrimination, but the specific damages available to you depend on the circumstances of your case and the applicable laws. Victims of workplace discrimination can be awarded back pay, front pay, compensation for non-economic loss, punitive damages for malicious conduct, and attorney’s costs and fees, amongst other damages. It is important to consult with a lawyer to determine what exact damages you can potentially recover.
A. There have recently been quite a few new laws addressing discrimination in California. One that took effect on January 1, 2024, is Assembly Bill 2188. It prohibits discrimination against applicants or employees based on (1) their use of cannabis when they are off duty and away from company grounds and (2) a drug test required by the employer that finds non-psychoactive cannabis metabolites in the person’s system. This law doesn’t apply to individuals working in building or construction or in positions requiring federal clearance and background checks.
A. The protected classes for discrimination in California include the following:
This is not an exhaustive list, and other classes may be protected under local ordinances in different cities.
When you are facing workplace discrimination, it can be a beneficial decision to put your trust in the legal professionals at Nosratilaw, A Professional Law Corporation. Our team is dedicated to fighting against all types of workplace discrimination and protecting the rights of employees. Contact our office as soon as you can to consult with a skilled workplace discrimination lawyer.