Workplace discrimination is when an employee or an applicant is treated unfairly because of a legally protected characteristic. These typically include race, sex, age, religion, disability, or nationality.
If you’ve been passed over for promotions, subjected to unfair treatment at work, harassed by others in the workplace, or terminated for unfair reasons, discrimination might have been a part of those circumstances. Contact a Los Angeles workplace discrimination lawyer to find out.
What is Workplace Discrimination?
Workplace discrimination occurs when an employer treats an employee or job applicant unfavorably because of a legally protected characteristic. Federal laws prohibit discrimination based on the following characteristics:
- Race
- Color
- Religion
- Sex
- National origin
- Age
- Disability
- Genetic information
California has laws that provide protections for employees, although the scope of those protections may differ depending on the circumstances. Discrimination can occur during nearly any stage of employment.
It can happen during any of these phases:
- Hiring a new employee
- Promoting a current employee
- Making compensation decisions
- Taking disciplinary action
- Assigning jobs in the workplace
- Offering training opportunities
- Conducting layoffs
- Deciding who to terminate
Determining whether workplace conduct crosses the line into unlawful discrimination often requires a detailed legal analysis. An attorney can review the facts, compare them to applicable laws, and help determine whether a viable legal claim exists.
Characteristics That Are Protected Under Employment Laws
Both federal and state laws protect employees from discrimination based on certain characteristics. For context, these are commonly protected characteristics:
- Race
- Color
- National origin
- Religion
- Sex
- Pregnancy
- Gender identity
- Sexual orientation
- Age
- Disability
- Genetic information
- Marital status in certain jurisdictions
- Military or veteran status in certain circumstances
California provides some of the strongest workplace protections in the country through laws such as the Fair Employment and Housing Act (FEHA). Texas employees are also protected under federal anti-discrimination laws and various state employment regulations, as well as a range of federal laws like the Civil Rights Act.
Employers cannot make employment decisions based on these protected characteristics. If they do, employees may have grounds to pursue legal action. A lawyer can help identify whether an employer’s conduct may be linked to a protected characteristic.
(310) 526-8383How Can a Lawyer Help You Prove Workplace Discrimination?
A rather difficult aspect of workplace discrimination cases lies in proving the employer’s motivation. Employers rarely admit that decisions were based on race, gender, age, disability, or another protected characteristic because they know this would subject them to legal action.
Instead, they often react in the following ways:
- Point to performance concerns
- Blame restructuring efforts
- Cite attendance-related issues
- Bring up other business reasons
A lawyer can help investigate whether those explanations are supported by the facts. This may involve reviewing employment records, interviewing witnesses, analyzing company policies, comparing treatment of similarly situated employees, and obtaining personnel files.
Your attorney can also investigate to look for patterns of discriminatory conduct. Attorneys can work with other professionals when necessary to evaluate workplace practices and calculate damages.
By conducting a horough investigation, attorneys help employees build stronger cases that reflect the full extent of the losses associated with their employer’s discrimination.
What Compensation Is Available in a Workplace Discrimination Case?
The remedies available in workplace discrimination cases depend on the facts and applicable laws. You can only recoup what you can prove that you deserve. Here’s what you might receive as compensation in your case:
- Lost wages
- Lost benefits
- Future lost earnings
- Emotional distress damages
- Back pay
- Front pay
- Reinstatement in certain situations
- Attorney’s fees and costs as permitted by law
Some cases may also involve injunctive relief requiring employers to change workplace policies or practices. The value of a discrimination claim varies significantly based on the nature of the misconduct, the harm suffered, and the available evidence.
Your lawyer will not ask for an average or standard amount of compensation. Instead, an experienced employment attorney can evaluate potential damages and pursue compensation that reflects the full impact of the employer’s actions in your specific situation.
Call Omega Law Group Accident & Injury Attorneys to Better Understand Workplace Discrimination
Have you been subjected to unfair treatment at work? If so, you are likely wondering whether what you are facing is legal or not, but you might not know how to figure out if your employer’s actions have crossed the line into unlawful discrimination.
Instead of trying to determine the legality of your situation all by yourself, let Omega Law Group Accident & Injury Attorneys look into these circumstances on your behalf. Established in 2016, our attorneys focus on putting our clients first. Always! We are a family-oriented firm that offers personalized service to every client we work with.
Omega Law Group has recovered millions of dollars across our 10 years in service. With decades of experience between us, we understand the obstacles that employees like you encounter when attempting to confront workplace discrimination and retaliation.
Let our family take care of your family by reaching out today for your free, no-obligation consultation.
