Job discrimination is devastating for employees, especially when the discrimination results in termination, harassment, or retaliation for complaints. Employees want nothing more than to do their jobs without being treated horribly and taken advantage of. We have represented many employees and former employees who have been mistreated and know full well how they feel.
There are very strong laws in California that protect employees and former employees from job discrimination, retaliation, and unlawful harassment at both the state and federal levels.
All employees benefit from the protections of these laws and ensure a safe lawful working environment. When an employee suspects he or she is the victim of job discrimination, the Equal Employment Opportunity Commission (EEOC) is the government agency which must be notified in order to file a formal charge against an employer.
The EEOC is responsible for enforcing federal job discrimination laws and will conduct an investigation after the claim alleging discrimination. If the EEOC decides not to resolve an employee’s claim of job discrimination, it will issue a right to sue notice to the complaining employee. With this right to sue notice, the employee has the right to pursue litigation against his or her employer for violations of job discrimination laws. Filing a charge with the EEOC involves observing strict deadlines for filing and it is highly recommended that assistance of counsel help with the filing process.
Filing a Job Discrimination Claim
Federal job discrimination law can be found in Title VII of the Civil Rights Act of 1964. This act prohibits discrimination in all forms of employment, including hiring and discharge, when the discrimination falls in any one of the protected categories. These protected categories form the basis of employment discrimination law. In order to file a claim for discrimination, the facts of a particular case must fall into one of these protected categories.
Generally, federal employment law protects workers in companies with 15 or more employees who have been discriminated against on the job basis of race, color, ethnicity, gender, age, national origin, disability, religion, and pregnancy. These laws cover all areas of the employment process, including compensation, training, hiring, termination, promotions, and benefits.
Employees falling under these protected categories must prove an employer took adverse action against the employee based on membership in the protected category. Job discrimination laws cover many different factual scenarios. For example an older employee over 40 that is replaced by a younger employee at a lower salary may be suffering age discrimination. Someone required to abide by a company dress code that violates that person's religious beliefs may also be a form of discrimination. A pregnant woman who loses her job because of the pregnancy would have a strong discrimination case.
Job Discrimination and Retaliation
The Civil Rights act also protects workers from employer retaliation. This happens when an employee complains about discrimination to company authorities, files a charge with the EEOC or other government agencies or participates in court proceedings against the company. Retaliation provisions in the civil rights laws make it unlawful for employers to adversely react to an employee’s complaints, charges, filing, or testimony regarding job discrimination.
Help Is Available for Your Job Discrimination Case
If you feel you are being discriminated against on the job, it is important to seek out legal advice so you can properly protect yourself. We have extensive experience handling job discrimination and retaliation cases of all kinds from inception of the case to final resolution. It is important that you are protected by an attorney who may offer you the expertise and help you need to see your case successfully through to completion.
The attorneys at The Hamideh Firm, P.C. are available to assist with job discrimination claims ranging from the most straightforward to the most complex and intricate. If you think you’ve experienced discrimination on the job, give The Hamideh Firm, P.C. a call today at (310) 556-9687 or email us confidentially at firstname.lastname@example.org.