Workplace discrimination can happen anywhere, and it often creates a hostile work environment that can stifle productivity and cause emotional and financial harm to workers. When disability discrimination, or other forms of discrimination happen at work, the victims can rely on a Stockton workplace discrimination lawyer to hold the at-fault parties accountable for their actions.
Workplace discrimination occurs when a business treats an employee or job applicant unfairly due to their protected characteristic. Multiple state and federal agencies are tasked with enforcing civil rights laws. One of the more prominent governmental groups that enforce civil rights in the workplace is the Equal Employment Opportunity Commission (EEOC). The EEOC enforces laws that make it illegal to discriminate against an employee on the basis of:
One example of workplace discrimination would be a job candidate in their 60s who was turned down from a job application due to their age. While proving age discrimination can be difficult, there are often signs that it occurred. For example, if the prospective worker learns that they weren’t a good fit for the team’s “youthful” team culture, it could be used as proof of age discrimination.
Discrimination due to pregnancy is another common form of prohibited conduct. Say a woman is told she is a promising candidate, yet when she shows up for the final interview, she senses that her pregnancy surprises the interviewer. If she is told directly or indirectly that the company has concerns about her ability to commit fully to the demanding role given her family responsibilities, she could have grounds for employment discrimination and should hire a discrimination lawyer.
The first step discrimination lawyers may take is to review the details of the case. Even if your employer made inappropriate statements, it could be your word against theirs. Gathering the right kind of evidence can take time.
It’s a good idea to try to resolve the issue internally. Having an attorney representing you during direct talks with your employer can position you for a favorable outcome. Once contacted by a plaintiff’s attorney, many employers will work to quickly resolve the matter. Your Stockton employment lawyer may recommend filing a complaint with the California Civil Rights Department (CRD) or the Equal Employment Opportunity Commission.
Suing the at-fault employer is an option as well, although filing a claim may not always be the first or ideal option. The goal of a workplace lawyer is often to help the victim receive compensation sooner rather than later, and direct talks with the employer can often yield results sooner than filing a claim.
If the matter cannot be resolved internally, your lawyer can pursue the option of litigating in court. An experienced labor law attorney should have experience exploring multiple avenues when seeking compensation for their clients. The majority of workplace discrimination cases, whether individual or class action, are resolved through a settlement.
In some cases, the defendant may be required to undergo additional training as a means of preventing future incidents of discrimination. If the business’s policies are insufficient to prevent future violations of state and federal law, a judge or government agency like the EEOC may require the company to adopt new language and policies that make clear that discrimination in any form is not acceptable.
A: If you feel you are being discriminated against at work, the first step should be to bring the issue up with your employer. Your company may have procedures for handling employment issues internally. If your employer refuses to take steps to resolve the issue, you can consult with an attorney who can take steps to protect your rights.
A: To resolve discrimination in the workplace, begin documenting the discrimination. Take notes, collect emails, and notify your employer about the problem. Workplace discrimination is a serious matter. Consult with an attorney in Stockton, California, to see what other avenues can be taken. Your lawyer can speak to your employer on your behalf. Employers who do not take workplace discrimination seriously can face consequences in court.
A: No employer can lawfully retaliate against someone for taking protected actions. Employees in California have the right to protect themselves from discrimination. State and federal laws provide avenues for using the courts to hold an employer accountable for their actions. Once you have an attorney, your lawyer can put your employer on notice that you have legal representation.
A: One potential outcome of legal action for workplace discrimination is being awarded compensation from the at-fault party. This usually takes the form of financial compensation. Depending on the facts of your case, it may be appropriate for your employer to adopt new policies that can prevent future incidents of discrimination. The at-fault party may be ordered to undergo sensitivity training as well.
A: Common examples of workplace discrimination are based on a worker’s race, disability, pregnancy status, and sexual harassment. Some employers discriminate against workers due to their sexual orientation or gender identity. Proving discrimination can be challenging, but a workplace attorney can gather evidence to build a case against the at-fault employer. Circumstantial evidence is inferred from a pattern of behavior, while direct evidence includes emails, memos, and other records.
Workplace discrimination is illegal and inappropriate in any setting. Acts of discrimination are degrading and humiliating to employees. While state and federal laws are clear on what qualifies as discrimination, it often takes hiring an employment law attorney to protect the rights of workers in Stockton.
At Asbill Law Group, we understand the intricacies of federal laws, the California Labor Code, and other applicable laws. We can help you as we have helped many California employees who faced workplace discrimination. To learn how, contact our office today to set up a consultation.