Anaheim Workplace Discrimination Lawyer

What Is Workplace Discrimination?

The state anti-discrimination law is the California Fair Employment and Housing Act (FEHA). Employers can’t discriminate against their employees based solely on the following protected characteristics under the FEHA:

• Race
• Color
• Religion
• National origin, including ancestry, language, and birthplace
• Mental or physical disabilities, short-term or long-term
• A medical condition, including pregnancy
• Marital status
• Sex or gender
• Age
• Gender identity or expression
• Sexual orientation
• Genetic information
• Military or veteran status

Federal laws cover similar protected categories as state laws. In addition to the state law of FEHA, there are several federal laws in place to prohibit discrimination by employers, including:

• Title VII in the Civil Rights Act of 1964. This prohibits discrimination against employees based on race, color, national origin, religion, or gender. National origin includes culture, language, birthplace, or ancestry.
• Title I in the Americans with Disabilities Act. This prohibits discrimination based on disability, whether the employee is hired or may be hired.
• The Equal Pay Act. This requires that men and women with similar job responsibilities receive equal pay.
• Age Discrimination in Employment Act. This prohibits discrimination against those 40 or older based on their age.
• The Pregnancy Discrimination Act. This amendment prohibits discrimination against employees for pregnancy or childbirth reasons.

The Equal Employment Opportunity Commission (EEOC) is a U.S. agency responsible for employment regulations, preserving worker rights. If you believe your employer is discriminating against you based on a protected category that violates federal law, you should file a complaint with the EEOC. This will allow you to gain the right to sue and file a lawsuit.

The Difference Between Favoritism and Discrimination

Favoritism and preferential treatment can be frustrating and create resentment in the workplace, but it’s not an illegal practice. Your employer may reward another employee in a way that doesn’t reflect their work output, whether because they’re related or because they prefer the employee.

This practice only becomes illegal if they’re passing over you for preferential treatment because of a protected characteristic. Determining the subtle difference between standard preferential treatment and preferential treatment based on discrimination can be tricky.

Why Do I Need a Workplace Discrimination Attorney?

Employment discrimination cases are complex. You need to file the correct paperwork with certain agencies, and follow the complex legal procedures from there. You could unfortunately be working against your employer if they decide to retaliate against you or otherwise cover up their discriminatory actions.

This is a process made much simpler with exceptional legal counsel. An experienced workplace discrimination attorney can determine the best steps for your situation. They will also know what evidence you need to collect to prove discrimination. Often, this includes proof that your work as an employee was satisfactory, and that your lack of promotion, firing, or another action committed against you was not based on your performance. It may also include proof that the employer was negatively biased against a protective characteristic.

An attorney can help you find and record this evidence, file a complaint to the EEOC or state agency, and work with you through the civil proceedings. When you hire a lawyer experienced with workplace discrimination, they will understand the intricacies of cases like yours, and how to handle your claim most effectively. Having legal representation will take the stress off of you, and give you a better chance at winning your claim.

What Behaviors Are Considered Discrimination?

A discrimination claim must show that you as an employee had a negative action taken against you. This negative action caused you a disadvantage and was partially motivated by discrimination. These actions may include:

• Firing or terminating your employment,
• Forcing you to quit,
• Demotion,
• Decreasing your pay or benefits,
• Denying a promotion,
• Failing to hire you,
• Harassment or retaliation,
• Denying you reasonable accommodation,
• Failing to provide timely or good faith reasonable accommodation,
• Transferring you to an unfavorable job,
• Giving you an unfavorable jobs assignment,
• Refusing to choose you for a training program,
• Denying you reinstatement, or
• Otherwise discriminating against you in a way that impacts the terms and conditions of your employment.

Proving that these actions were based on discriminatory attitudes can be difficult. An Anaheim employment discrimination lawyer will know what evidence needs to be gathered and if your case is substantial.

How Can You Prove Discrimination in the Workplace?

An employer may have both legal and illegal reasons for their negative actions, and you don’t have to prove that they were motivated only by discrimination. You do have to prove that it was part of their motivation. Employers are often unwilling to admit to discriminatory behavior, so you and your attorney must gather the necessary evidence.

• Direct Evidence
  Often, this is full of concrete statements from your employer which show their discriminatory bias. However, many employers are aware that discrimination in writing can be used in a lawsuit, and avoid that. Clear examples of preferential treatment, such as bonuses or benefits, may also be useful, even if they don’t directly prove discrimination.
• Indirect Evidence
  Indirect evidence may show that the alternate reasons an employer gave for termination or negative treatment were incorrect or nonsensical. It may also show that other coworkers with the same protected characteristic as you experienced similar negative behaviors. You may also notice a change before and after you made clear you were part of a protected group.