Federal law and most states, including California, have laws that prohibit employers from discriminating against their employees under the Civil Rights Act of 1964 and the Americans with Disabilities in Employment Act, as well as other federal and state laws. When an employer treats one employee different from another based on qualities unrelated to job performance, this is discrimination.
Employees can be discriminated against based on race, religion, gender, age, and sexual orientation or gender identity. Other areas include sexual harassment and pregnancy discrimination.
Heit Law Group is focused solely on representing employees with disputes against their employers. We understand that matters affecting your employment can impact your entire life and that of your family, and we are here to help. If you think are in a situation facing one of these in a work environment that has become intimidating, hostile, or offensive, call us.
Assessing Whether You Have a Discrimination Claim
Often employees are victims of discrimination that is disguised as layoffs or other excuses. However, you need not be terminated to have a claim so long as you are enduring differential treatment or have any bad actions taken against you for something unrelated to your job. In California and Florida, employees are most commonly discriminated against based on:
- Race/national origin
- Sexual orientation
- Marital status
Some examples of discrimination in the workplace include people who were not promoted based on their race, women who were fired after telling their employers they were pregnant, and older workers who were fired because they were suddenly deemed too old by their employer.
Two Primary Types of Discrimination
Discrimination claims usually fall into two broad categories:
- Disparate treatment discrimination—This occurs when an employee is specifically targeted because of their protected characteristic. Disparate treatment discrimination is the most common type of discrimination faced by employees. Some examples include an employer demoting, refusing to promote, harasses, or other wise takes a negative action against a specific type of employee.
- Disparate impact discrimination—This type of discrimination is more subtle, involving an employer that adopts a policy that applies to all employees but has a negative impact on employees with a protected characteristic. Often these policies seem neutral on the surface. An example might include rewarding employees for taking the stairs instead of the elevator, which seems benign until you consider an employee in a wheelchair who is unable to take the stairs.
In disparate treatment discrimination, the burden is on the employee to prove intent to discriminate. In disparate impact discrimination, the employer may still be held liable even if no discrimination was intended.
Do You Believe You Are a Victim of Employment Discrimination in California?
If you believe you are a victim of employment discrimination, you contact our office immediately or ensure you file suit in California no later than one year after or within 300 days in Florida after the date of the alleged discrimination.
Many employees do not file claims because they are worried about retaliation by their employer. It is unlawful for employers to terminate or take any other adverse action against employees simply because they have filed a claim against them.
If you feel your rights have been violated by your employer then please reach out to our office immediately for a no-obligation complimentary case consultation. Every legal situation is different, but we can obtain monetary settlements and judgements and uphold your rights. Call (310) 744-5227, email us, or complete our contact form. We never charge for your initial consultation and everything you say will always remain completely confidential, so you never have to worry about anyone knowing you spoke to an attorney.