Employment discrimination is illegal at the state and federal levels in Santa Monica, and employers may not base their job-related decisions on employees’ legally protected personal qualities. However, these laws unfortunately do not deter some employees from engaging in such actions. A Santa Monica employment discrimination lawyer can help determine the most viable legal remedies to any such mistreatment you have experienced at work.
An employment discrimination claim against an employer in Santa Monica may not only yield compensation for any damages you have sustained from these actions, but it can also potentially prevent others from facing similar mistreatment in the future. However, filing this type of claim is very different from most other types of civil claims for damages, and you will need the help of an experienced Santa Monica employment attorney to succeed.
The Law Offices of Miguel S. Ramirez can provide the comprehensive legal counsel you need in this difficult situation. Throughout the years of our firm’s operation, we have successfully helped many past clients recover their damages and hold employers accountable for their unlawful discrimination.
Your case will begin with a formal complaint to the appropriate state or federal agency. This agency will investigate and determine whether you have the right to sue. Whether you plan to file a claim through the California Department of Fair Employment and Housing (DFEH) or at the federal level through the Equal Employment Opportunity Commission (EEOC), we are ready to assist you.
Employment discrimination occurs whenever an employer makes job-related decisions on the basis of an employee’s legally protected personal qualities, such as race, ethnicity, national origin, religion, age, sex, sexual orientation, medical status, or disability. Employment discrimination can happen in many ways, and a few of the most common ways for it to manifest in Santa Monica include:
These are only a few possible examples and not an exhaustive list of all the ways employment discrimination might occur in Santa Monica. One of the most challenging aspects of employment discrimination cases is the fact that many people who experience it are unsure how to prove the truth of their experiences.
Employers are likely to hide discriminatory intent behind certain actions or come up with excuses for their behavior, but a good Santa Monica employment discrimination attorney will know how to help their client prove the reality of any such situation and explore the legal remedies available to them.
If you are certain that you have experienced discrimination in your workplace but are afraid to speak out due to fear of losing your job, it is important to remember that filing a discrimination claim in good faith is a legally protected action. If your employer were to fire you in response, this would amount to illegal retaliation, and your employer would face severe penalties alongside damages owed to you.
Before you can proceed with filing a civil claim for employment discrimination against an employer, you must determine whether you need to file the claim with the state DFEH or the EEOC at the federal level. Generally, the DFEH only handles claims regarding small employers with fewer than 15 employees. The EEOC has jurisdiction over discrimination claims involving employers with more than 15 employees.
Your Santa Monica employment discrimination attorney can assist you in filing your claim to the appropriate agency. The DFEH has a more generous window in which you can file a claim compared to the EEOC. Most employment discrimination claims filed against employers will go through the EEOC.
Once the EEOC receives your complaint, they will begin an investigation. The EEOC may contact you for additional information and will likely question your employer. Failure to comply with an EEOC investigation is a serious criminal offense that can lead to severe penalties for the employer.
If the EEOC or the DFEH determines that you did experience unlawful discrimination, they will issue you a Notice of Right to Sue that allows you to proceed with legal action against your employer. In some cases, the EEOC or the DFEH will initiate legal proceedings against an employer of their own volition, and your attorney can advise you as to how any such actions could influence your case.
A successful employment discrimination claim in Santa Monica can hold an employer accountable for the unlawful mistreatment they have committed against you, but it may also yield compensation for the damages you suffered because of their actions.
An experienced Santa Monica employment discrimination attorney may be able to help recover compensation for lost income and lost benefits, including related economic losses caused by the discrimination. For example, you may have grounds to claim compensation for medical expenses that should have been covered by employer-provided insurance but were forced to pay out of pocket because of your employer’s discrimination.
Experiencing workplace discrimination is also a distressing and dehumanizing experience, and California law enables the plaintiff in a discrimination case to seek compensation for the emotional distress an employer inflicted. There is no limit to this aspect of your case award, so you have the right to seek as much as you believe to be appropriate.
When you choose the Law Offices of Miguel S. Ramirez to represent you in a discrimination case, we will do everything we can to maximize your total case award. Our firm has years of experience handling the most challenging employment discrimination cases in the Santa Monica area, and we will put this experience to work for you in your impending case.
A: Filing an employment discrimination lawsuit against your employer at the state level through the Fair Employment and Housing Act (FEHA) is subject to a three-year statute of limitations, starting on the date of the most recent discriminatory act. If you plan to file a claim at the federal level through the EEOC, you must do so within 180 days of the last discriminatory act.
A: This can be one of the most challenging aspects of any workplace discrimination claim, as most employers who knowingly discriminate are careful not to leave obvious evidence of their real intentions behind discriminatory job-related decisions. Your Santa Monica employment discrimination attorney can help determine what evidence you may need to make your case, such as supporting statements from coworkers.
A: Before proceeding with a civil lawsuit against your employer for discrimination, you must file a complaint with the California Civil Rights Department for a state-level claim or the EEOC for a federal-level claim. Once the appropriate agency provides you with the Notice of Right to Sue, you can proceed with filing your civil suit against your employer. A Santa Monica employment discrimination attorney can provide valuable guidance through each step of this process.
A: You have the right to seek full repayment of any financial losses you suffered because of the discrimination, such as lost income and benefits, the cost of new job searches, transportation costs, and more. You also have the right to seek compensation for intentional infliction of emotional distress, and a good attorney can help you maximize the pain and suffering compensation you obtain from the defendant.
A: It is natural to worry about the potential cost of hiring legal counsel, but a good attorney should carefully explain their billing policy at the outset of your case so there are no surprises in terms of your legal fees. Some attorneys bill by the hour, but if you are seeking compensation for damages, your attorney may accept your case on a contingency fee basis, taking a percentage of the final settlement they recover for you as their fee.
The right Santa Monica employment discrimination attorney can be an invaluable asset for your impending case. When you choose the Law Offices of Miguel S. Ramirez to represent you, you will have a responsive legal advocate who is ready to answer your questions and provide guidance through each step of your case. Contact our firm today to schedule a free consultation with our team and learn how we can assist you with your discrimination claim in Santa Monica.