It’s unfortunate that many Americans face many forms of discrimination in their workplaces. These incidents often lead to the loss of employment, denied benefits and promotions, persistent ridicule and hostility in the workplace, and a wide range of additional damages. It can be very difficult for anyone who has experienced discrimination at work to imagine filing a lawsuit against their employer. If they are still employed, they will likely expect reprisal from the employer in response to their report. If they lose their job, they may not believe that the cost and effort of filing their claim would be worth the result.
Working with an experienced employment discrimination attorney is the best option for anyone who has faced adverse mistreatment from their employer based on their protected personal qualities. The team at the Law Offices of Miguel S. Ramirez has successfully represented many California clients in a wide range of employment discrimination claims, and we know how workplace discrimination can manifest itself. Unfortunately, the following are just a few examples of workplace discrimination that may lead to extensive legal proceedings.
It is illegal for any employer in the United States to base hiring, firing, or other employment-related decisions on sex, sexual orientation, pregnancy, gender expression, or medical needs related to the individual’s sex. Unfortunately, this is one of the most prevalent forms of workplace discrimination and a root cause of many employment disputes in California.
Sexual discrimination can include harassment or other adverse treatment of an employee compared to the treatment of employees of the opposite sex. It may also include denying a promotion for a discriminatory reason or denying employment to applicants of a specific sex or sexual orientation. If you are unsure whether your recent experience qualifies as sexual discrimination,you must speak with an attorney.
It is unlawful for any employer to base employment-related decisions on the basis of race, ethnicity, national origin, skin color, religious affiliation, or cultural beliefs. Therefore, all US employers are expected to provide any reasonable accommodations an employee may need for their religious needs. They may not base hiring or firing decisions on an individual’s racial characteristics.
The Americans with Disabilities Act (ADA) is a crucial piece of federal law that applies to many Americans with various disabilities. The ADA provides a list of covered conditions that entitle a worker to its protection. Disabled employees have the right to the same training and treatment as able-bodied employees, and they have the right to request reasonable accommodations that help them perform their job duties. Employers may not refuse to hire disabled applicants, nor may they deny reasonable requests for disability accommodation.
Some people working in California struggle with chronic health conditions requiring ongoing treatment. Others sustain injuries that present long-term or permanent complications. When an employee can handle their job duties with access to the medical care they need, an employer should provide accommodations regarding the employee’s schedule and any accessibility equipment they may require.
Medical discrimination can take many forms, from denying employment based on a confirmed or presumed medical condition, denying an employee the ability to exercise their unpaid medical leave rights under the Family and Medical Leave Act (FMLA), or denying promotions or other job-related benefits on the basis of an employee’s medical condition.
If you intend to pursue any legal recourse in response to the workplace discrimination you experienced, you must first file a complaint with the Equal Employment Opportunity Commission (EEOC). This is the government entity responsible for enforcing the workplace discrimination laws of the United States, and it must investigate your claim before you can file a lawsuit against your employer. An experienced discrimination lawyer can help you file your EEOC claim and reduce the time required to gain approval for your civil action.
After the EEOC investigates and approves your claim,it may initiate legal proceedings against your employer on your behalf or provide you with formal support for a civil claim against your employer. The EEOC may also recommend penalties for the defendant, such as a heavy fine for violating the ADA or other federal employment laws. The employer may also face additional penalties at the state level for violations of California workplace fairness laws.
Any violation of the ADA is disability discrimination. This behavior can take many forms, from unfairly denying employment based on a disability that would not interfere with their job duties to reasonable accommodations. Disability discrimination may also include adverse treatment on the basis of a presumed but not confirmed disability.
It can be very difficult to prove that an employer based their decision not to hire you on a discriminatory reason. However, testimony from current or former employees and statements from the employer themselves may amount to evidence that supports your case.
Disabled workers and employees with certain medical conditions have the right to request reasonable accommodations that enable them to do their jobs more easily. A requested accommodation qualifies as reasonable as long as it does not present any undue hardship to the employer. If you’re unsure whether a proposed accommodation suits this requirement, it’s best to speak with an experienced employment attorney as soon as possible.
Holding an employer accountable for employment discrimination and securing compensation for your damages will be much easier with an attorney’s assistance. An experienced employment attorney can help you with your EEOC claim before guiding you through the process of filing a civil suit against your employer.
The Law Offices of Miguel S. Ramirez can provide the compassionate and responsive legal counsel you need after experiencing workplace discrimination. To discuss your legal options with an experienced attorney, contact us today and schedule a case review with us. Our team can help you at every step of the process.