Workplace discrimination can affect every aspect of your life. If you have been wrongfully fired, demoted, or retaliated against for reporting misconduct, a Costa Mesa employment lawyer can help you seek damages.
California has some of the strongest legal protections for employees in the United States. If you have been subjected to discriminatory treatment, a workplace discrimination lawyer in Costa Mesa from Omega Law Group Injury & Accident Attorneys can help you take legal action and pursue compensation.
The Role of a Costa Mesa Workplace Discrimination Lawyer
Workplace discrimination cases are often more complicated than they seem
A Costa Mesa workplace discrimination lawyer can assist with your case by:
- Evaluating your claim: An attorney can determine whether your employer’s actions violate state or federal employment laws.
- Gathering evidence: A lawyer can collect employment records, emails, text messages, witness statements, performance reviews, and other evidence that supports your case.
- Filing administrative complaints: Many workplace discrimination claims require filing a complaint with the appropriate government agency before a lawsuit may proceed.
- Negotiating a settlement: An attorney can pursue a settlement that fairly compensates you for the harm you have suffered.
- Representing you in court: If a settlement cannot be reached, a lawyer can present your case at trial.
What is Workplace Discrimination?
Workplace discrimination occurs when an employee or job applicant is treated unfairly because of a legally protected characteristic rather than job performance or legitimate business reasons.
Discrimination may occur during virtually any stage of employment, including:
- Recruiting and hiring
- Job assignments
- Promotions
- Compensation
- Employee benefits
- Training opportunities
- Performance evaluations
- Discipline
- Layoffs
- Termination
Protected Characteristics Under California Law
California law prohibits employers from discriminating against employees because of numerous protected characteristics.
These may include:
- Race
- Color
- National origin
- Ancestry
- Religion
- Age
- Disability
- Medical condition
- Genetic information
- Sex
- Pregnancy
- Childbirth
- Breastfeeding
- Gender identity
- Gender expression
- Sexual orientation
- Marital status
- Military or veteran status
Examples of Workplace Discrimination
Discrimination can take many forms, and it is not always as obvious as offensive comments or unequal pay.
Examples may include:
- Refusing to hire qualified applicants because of their age or race
- Passing over employees for promotions based on gender
- Paying employees differently for similar work because of protected characteristics
- Denying reasonable accommodations for disabilities
- Refusing accommodations related to pregnancy
- Assigning less favorable work because of religion
- Subjecting employees to harsher discipline than coworkers
- Creating a hostile work environment through discriminatory conduct
- Terminating employees because they belong to a protected class
- Retaliating after an employee reports discrimination
What Should You Do After Experiencing Workplace Discrimination in Costa Mesa?
If you have been treated unfairly at work, it’s important to:
- Document each discriminatory incident, including dates, locations, and the individuals involved.
- Save emails, text messages, performance reviews, and other relevant records.
- Follow your employer’s internal complaint procedures.
- Identify coworkers who witnessed the conduct.
- Keep copies of all complaints and responses from your employer.
- Consult a workplace discrimination attorney in Costa Mesa as soon as possible.
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Can You Be Retaliated Against for Reporting Discrimination?
California law generally prohibits employers from retaliating against workers who exercise their legal rights.
Retaliation may include actions such as:
- Wrongful termination
- Demotions
- Reduced hours
- Lower pay
- Unfavorable assignments
- Negative performance evaluations
- Unwarranted discipline
- Threats or intimidation
What Types of Compensation May Be Available?
Employees who successfully pursue workplace discrimination claims may recover several types of damages, such as:
- Lost wages: You may recover income you lost because of discrimination, wrongful termination, or missed promotions.
- Future lost earnings: You may receive compensation for reduced earning capacity caused by unlawful employment actions.
- Lost employment benefits: You may recover the value of health insurance, retirement benefits, bonuses, commissions, or other lost benefits.
- Emotional distress damages: You may receive compensation for anxiety, humiliation, emotional suffering, and other psychological harm.
- Punitive damages: In certain cases involving particularly egregious misconduct, punitive damages may be awarded to punish your employer and discourage similar behavior.
- Attorney’s fees and costs: California law may allow you to recover certain litigation expenses.
How Long Do You Have to File a Workplace Discrimination Claim?
If you plan to file a workplace discrimination lawsuit, you must first file a complaint with the California Civil Rights Department (CRD). Generally, you have three years from the date of the alleged discriminatory act to file a complaint with the CRD. After obtaining a Right-to-Sue notice from the CRD, you typically have one year to file a lawsuit in court.
You may need to adhere to different deadlines if you pursue a federal claim through the federal Equal Employment Opportunity Commission (EEOC). Typically, you must file a charge of discrimination with the EEOC within 300 days of the alleged discriminatory act because California has a state agency that enforces anti-discrimination laws.
After the EEOC issues a Notice of Right to Sue, you generally have 90 days to file a lawsuit in federal court.
Contact a Workplace Discrimination Attorney in Costa Mesa
No employee should have to endure discrimination in the workplace. If you believe an employer has treated you unfairly because of a protected characteristic, a Costa Mesa workplace discrimination attorney from Omega Law Group can gather evidence that supports your case and help you seek justice.
Schedule a free consultation to discuss your situation with a lawyer.
