A majority of Californians are employed, making a significant portion of the populous exposed to potential workplace discrimination. Every Culver City, CA employee deserves a workplace that does not discriminate against them. Both the federal and state governments recognized this and have implemented laws that protect employees, especially employees that fall into protected classes. Fortunately for Californians, the state has some of the most expansive legal protections available, most often offering more protection than federal laws. Any person can be a victim of discrimination, but understanding how to proceed once you have been impacted can be difficult.
Working with a skilled Culver City employment discrimination attorney is the most effective way to proceed with a discrimination case. They can help you determine if you have been discriminated against, the potential outcomes of filing a case, and what damages you may be entitled to receive. The Law Offices of Miguel S. Ramirez focuses on employment law, resulting in a team that is deeply familiar with discrimination laws and methods for building a successful case.
Discrimination typically means unfair or unequal treatment based on certain personal characteristics. Although it may cause an unpleasant workplace, discrimination is not always unlawful. For example, a manager promoting a friend instead of a more qualified individual is not illegal. Instead, unlawful discrimination occurs when an employer refuses to hire, demotes, fires, or otherwise treats an employee unfairly because of a characteristic protected by law. Under California law, the protected classes under California’s Department of Fair Employment and Housing (DFEH) are:
Any discrimination throughout the entirety of the employment process, including the hiring phase, based on any of the above characteristics is illegal and may give you grounds to bring a workplace discrimination claim. A workplace discrimination attorney can help you determine if you have a case and what evidence should be included to most effectively support your claim.
If an employee was discriminated against based on both legal and illegal reasons, the behavior may still be considered wrongful under the law. Since employers are unlikely to admit to any illegal reasons behind the negative employment action, employees must collect evidence to support their discrimination claim. There are two types of evidence that can be gathered:
Although you may not be sure if you have enough evidence for a discrimination claim, it is typically beneficial to have an employment lawyer look over your case. They may believe that you have a case with your existing evidence and may also be able to find more evidence once they examine the case more deeply.
A: The process for filing a workplace discrimination claim depends on whether you file on a federal or state level. You will file with the Equal Employment Opportunity Act (EEOC) on a federal level and the DFEH on a state level. Most Californians choose to file with the DFEH because it offers more protection. Once the complaint has been filed, the DFEH will conduct an investigation and issue a right-to-sue letter if it does not pursue litigation itself.
A: Your employer has a responsibility to prevent discrimination in the workplace once they are aware of the issue. To prove workplace discrimination, you must be able to show that your employer knew of the discrimination and took no or insufficient action to prevent it. The most efficient way to accomplish this is to speak with HR or your employer, then follow that conversation with an email outlining everything that was discussed.
A: An employer engages in retaliatory behavior when they punish an employee for taking action that is protected by law, such as filing a workplace discrimination claim with the DFEH. To prove retaliation, the employee must be able to show that they engaged in protected conduct and then suffered an adverse reaction, such as suspension or termination, from their employer that was due to the protected behavior.
A: Many different types of actions can be considered discrimination, as long as the conduct is negative and is based on one of the protected classifications. Examples include:
Because many types of actions can be considered discriminatory, having an attorney evaluate your case can help you determine if it fits the legal definition and your options moving forward.
With years of experience supporting our clients through their employment discrimination claims, the Law Offices of Miguel S. Ramirez has built an efficient team to protect your rights and hold discriminatory employers accountable. Although it may feel like a hopeless endeavor to challenge your employer, we can provide the guidance and reassurance required to reach your goal and receive just compensation. Our firm fights hard for working people like you and can thoroughly investigate your claim to find a favorable outcome. Reach out to the Law Offices of Miguel S. Ramirez for a consultation with an employment attorney who truly cares for their clients.