Los Angeles Discrimination Lawyer

Unfortunately, workplace discrimination still persists despite the fact of the employment and labor laws that protect the rights of employees at work. Discrimination can take in many forms and shapes. Discrimination in the workplace creates a hostile work environment for everyone. Though it can seem intimidating to take action against these employers, bringing their actions to light now can prevent them from doing the same thing to other employees later on. Furthermore, it also can happen at every stage of the employment relationship from the process of hiring up to termination of employment. If you are not being considered for an interview because of the color of your skin or your disability, then you are already made a victim of workplace discrimination and need our discrimination attorney in Los Angeles right away.

Under the California Fair Employment & Housing Act, it is unlawful for an employer to discriminate against an employee because of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, or sexual orientation. It is also unlawful to discriminate against an employee because of her pregnancy. Despite these provisions, employers sometimes use subversive means to enact discriminatory policies while appearing innocent.

Fortunately, California has some of the broadest anti-discrimination laws in the country through the Fair Employment and Housing Act (FEHA). Local city laws may provide even further protection. Los Angeles, for example, has a law that prohibits discrimination of an employee because of his or her height or weight.

If you felt discriminated against at work, don’t stay silent. Our team of discrimination attorneys in Los Angeles has decades of experience representing mistreated employees. Contact our office today for a consultation at 1-424-256-9055.

What is Workplace Discrimination?

Employment discrimination is behavior that shows bias against an employee based on their identity and protected class. Title VII of the Civil Rights Act of 1964 and the Fair Employment and Housing Act combine to form some of the strongest anti-discrimination laws in the country. The following types of conduct could be discrimination:

Examples of Discrimination

  • Relying only on word-of-mouth recruiting that favors a certain type of employee

  • Discriminating while Recruitment and Hiring

  • Requesting that an employment agency only refer applicants who are of a particular status

  • Using discriminatory hiring criteria without being able to prove that they are job-related

  • Relying on the discriminatory preferences of coworkers, customers, or clients as the deciding factor for employment

  • Requiring a specific “corporate look” or “image” policy as a proxy for prejudices in hiring

 

Assignment and Promotion

  • Assigning or refusing to assign individuals to certain positions, facilities, or locations

  • Physically isolating employees or segregating workers into jobs

  • Denying promotions based on discriminatory reasons

  • DemWages and Benefits

  • Not providing equal pay to workers in similar positions

  • Denying benefits once they have been offered

  • Discipline, Demotion, and Discharge

  • Discharging employees based on illegal reasons

  • Using customers’ or clients’ preferences to justify discipline, demotion, or discharge decisions

 

Harassment

  • Harassing behaviors from supervisors, employees, or customers that create a hostile work environment

  • Factors to consider include:

  • Whether the conduct was hostile and/or offensive

  • Whether the individual was physically threatened or intimidated

  • How frequently the misconduct was repeated

  • The context in which the harassment occurred

 

Proving Discriminatory Contents and Evidence

It is sometimes challenging for discrimination attorneys in Los Angeles to prove discriminatory intent. Evidence is mandated, obviously, but what kind?  Courts have often talked about two types of evidence: direct and indirect.

  • Direct evidence consists of clearly sexist, racist, or discriminatory statements or actions by the employer. It proves an employer’s bias without any further inferences.  Dominguez-Curry v. Nevada Transp. Dep’t, 424 F.3d 1027, 1038 (9th Cir. 2005) (citing Coghlan v. Am. Seafoods Co.,413 F.3d 1090, 1095 (9th Cir. 2005)).

  • “Circumstantial” or indirect evidence involves showing that the employer’s reason for the adverse employment decision is not credible.  Id. at 1043.

 

A supervisor’s discriminatory comments may provide strong direct evidence of discrimination.  When a supervisor exhibits discriminatory that may lead to being bias, it may be reasonable to conclude that the employment decision was motivated by unlawful bias.  Id. at 1039-40 (citing Mondero v. Salt River Project, 400 F.3d 1207, 1213 (9th Cir. 2005).  The Ninth Circuit Court of Appeals has held that even “a single discriminatory comment by a plaintiff’s supervisor or decision-maker is sufficient to preclude summary judgment for the employer.”  Id. at 1039.

What Workers are Protected by Anti-Discrimination Laws?

  • Employees. Anyone who was hired by the employer and worked under their direction. This applies to companies with five or more employees.

  • Job Applicants. If someone has applied for work or expresses interest in applying for a position, they have rights under California Law.

  • Temporary Employees. In most cases, California Law protects temps. They can hold both the temp agency and business they were employed by accountable for discrimination.

  • Unpaid Interns. Although generally not considered employees, California law protects them from discrimination.

 

Evaluate Company Discrimination Policy

 

Before filing with the EEOC or DFEH, check your company’s discrimination policy. It should have steps on who to contact regarding your complaint. Ask them to investigate your claim. Present any evidence you have at this time. Internal investigations can solve many claims without ever going to court. If your employer ignores your complaint or you don’t get satisfactory results, you will have to file a formal complaint with the appropriate agency and hire the services of our discrimination attorney in Los Angeles.

How to File a Claim with EEOC or the DFEH

An employee who experienced discrimination first must file with a state or federal administrative agency before going to court. Time limits will vary depending on which agency you file with.

Statute of Limitations for Discrimination Dispute

  • If filing a state claim with the Department of Fair Employment and Housing (DFEH), employees have one year to file from the discriminatory act.

  • An employee may also file a federal claim with the federal Equal Employment Opportunity Commission (EEOC). The time limit in California for such a claim is within 300 days of the discriminatory act.

 

It is important to note that there is a work-sharing agreement between the EEOC and DFEH. Filing a claim with one generally automatically files a claim with the other. Who you file with first determines which agency will investigate.

Investigations can take months. After the investigation is complete, the agency will try and bring the parties together to mediate and settle. If these negotiations fail, they will issue a Notice of Right to Sue, which allows you to take legal action against your employer. It is possible to obtain this notice without undergoing the agency investigation. However, this is unwise without speaking to a discrimination attorney in Los Angeles.

3 Vital Steps in Filing  Discrimination Lawsuit​

 

The proof is in the pudding in a wrongful termination lawsuit. We know the tragedy of being  a victim of wrongful termination, and we know there are some things you can do to protect yourself. Here are three vital signs to take into consideration:

  1. Documentation is vital. This is critical in cases of discrimination, harassment, and retaliation. The more proof you can provide, the more merit you have. Having a running list of names, voice messages, text, and dates is crucial to the details of your case. Also make copies of emails or other types of written correspondence that are direct evidence of unlawful behavior.

  2. Don’t throw away your employee manual – keep it in a safe place. If and when you are ever terminated, be sure to take it home with you.

  3. Frequently ask to see your personnel file. In most states, your employer is required by law to give you access to your file. Make copies of the documentation contained within the file, and keep a running list of the types of documents.

 

Your discrimination attorney in Los Angeles will help fill you in on other forms of evidence that you need to collect and provide. Find out more by calling 1-424-256-9055.

Free Consultation

 

When hiring a Discrimination Lawyer, it’s important to find an aggressive attorney that is skilled to negotiate on your behalf.   Let us connect you with one who has a proven track record of success – and who will work for you on a contingency basis so that you pay nothing unless you win. We’re here for you 24/7, 365 days a year. Remember, You Don't Pay, until you, Win, or you don’t pay at All!

Call now for your free initial consultation today at 1-424-256-9055. We can also assist you with Spanish.

Damages Endured After Employment Lawsuit

Courts award damages for practices that adversely impact “terms, conditions, or privileges” of employment (TCP). An employee who wins a discrimination case can receive the following civil damages:

  • Compensation for any unfair employment practices and money lost by those practices

  • Attorney’s fees and other litigation-related expenses

  • Future earnings or reinstatement of the employee’s position

  • Emotional pain and suffering

  • Punitive damages for gross cases of discrimination

 
You Don’t Pay Until You Win.

Contact a Los Angeles Discrimination Termination Lawyer to schedule a free, no obligation initial case evaluation at 1-424-256-9055. Our  Discrimination Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

 

Lawyer Referral Service Los Angeles

Contact a Los Angeles Discrimination Termination Lawyer to schedule a free, no-obligation initial case evaluation at 1-424-256-9055. Our  Discrimination Lawyer in Los Angeles will help protect your rights. And remember, You Don’t Pay until You Win, or You Don’t Pay At All!

 

If you are in need of a Beverly Hills Discrimination Lawyer to help you get the appropriate compensation and medical care you deserve, you should contact a Discrimination Lawyer in Los Angeles today. Our experienced Discrimination lawyers in Los Angeles will help you overcome your Discrimination Injury or damage.

 

If you have any questions about the information provided above, please contact Legal Leaf. Legal Leaf is a Lawyer Referral that can provide you with a Discrimination Attorney or law firm. If you do have any questions about the discrimination attorney in the Los Angeles area please contacts us for a free Lawyer Referral to a Los Angeles Lawyer.

 

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