Employment Discrimination
California Employment Discrimination Lawyer
Ensuring Your Rights are Protected
At Grigorian Law, P.C. we are committed to ensuring justice for those who have been victims of employment discrimination in California. The following provides comprehensive information on the types of discrimination, protected classes, and what you can do if you believe you have experienced discrimination at work.
What is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or a job applicant unfairly based on their membership in a protected class. The Fair Employment and Housing Act (FEHA) prohibits such discriminatory behavior, and provides protections for individuals based on race, color, national origin, religion, physical or mental disability, age (40 and above), sex, gender identity and expression, sexual orientation, marital status, medical condition, genetic information, military or veteran status, or pregnancy.
Types of Discrimination and Protected Classes
Discrimination can manifest in various forms, including but not limited to:
- Race or Color Discrimination: Unfair treatment of an employee or applicant based on their race or skin color.
- Sexual Orientation Discrimination: Discrimination based on an individual’s sexual orientation.
- Age Discrimination: Unfair treatment of an individual, typically over 40, based on their age.
- Gender Identity Discrimination: Unfair treatment based on an individual’s gender identity or expression.
- Disability Discrimination: Unfair treatment of individuals with physical or mental disabilities.
- Religious Discrimination: Discrimination based on religious beliefs or practices.
- Pregnancy Discrimination: Discrimination against pregnant women or those who have recently given birth.
- National Origin Discrimination: Unfair treatment of individuals based on their country of origin or ethnic background.
Understanding Medical Leave and Discrimination Claims
Employees with serious health conditions or those with family members with serious health conditions have the right to take a medical leave without fear of losing their jobs. The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) both provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year. Discrimination or retaliation against employees who exercise these rights is unlawful and can be a basis for a discrimination claim.
Discrimination Scenarios
Here are a few scenarios that may constitute employment discrimination:
- A pregnant woman is denied a promotion because of her condition, despite being the most qualified candidate.
- An older employee is unjustly terminated to make way for younger, less experienced workers.
- An employee with a disability is refused reasonable accommodations, making it harder for them to perform their job.
- An employee is retaliated against for taking medical leave.
Remedies for Discrimination
If you have been a victim of employment discrimination, various remedies are available, including:
- Back pay for lost wages
- Front pay for future lost wages
- Compensation for emotional distress
- Reinstatement to a job
- Reasonable accommodation
- Punitive damages
Reasonable Accommodations
Employers are required to make reasonable accommodations for employees with disabilities. These adjustments may include changing work hours, modifying duties, or providing specialized equipment to enable the employee to perform their job. Denying such accommodations without a legitimate business reason is unlawful.
What to Do if You Experience Discrimination
If you believe you have been a victim of discrimination:
- Document the Discrimination: Maintain a detailed record of every incident, including dates, places, people involved, and the nature of the discrimination. If you have informed your supervisor or human resources department in writing (e.g., email or text message), then make sure to save a copy or screenshot of the writing.
- Consult a Lawyer: Seek legal advice to understand your rights and potential legal action.
Further Information
For more detailed information about FEHA and discrimination, you can visit the DFEH’s website at www.dfeh.ca.gov.
How We Can Help
At Grigorian Law, P.C., we specialize in representing plaintiffs in employment discrimination cases. Our experienced attorneys can provide guidance, navigate complex legal processes, and fight for your rights and the compensation you deserve. If you believe you have been discriminated against, you may contact us for a free consultation.
Your rights matter. We’re here to ensure they’re protected.
