No one should allow discrimination in the workplace. Los Angeles discrimination lawyers at Lluis Law know this well and fight this on a daily basis.
California federal and state laws prohibit discrimination in the workplace. In this article we will talk about the different types of discrimination and the measures you can take.
In addition to the information that you will find in the following article you can always contact our workers compensation lawyers in Los Angeles.
Best employment discrimination lawyers in Los Angeles
If you think your employer is treating you differently because of race, sex, religion, or any of the reasons we will see later, don’t allow it.
The law is on your side, so seek help from our professionals. David and Ramiro have been solving these cases for more than 40 years in Los Angeles and other cities.
What is illegal discrimination and when does it occur?
Discrimination is understood as unfair or unequal treatment based on certain personal characteristics.
This occurs when an employer unfairly dismisses you, fails to pay your worked wages, or refuses to hire someone because of their age, sex, race, medical condition, and other assumptions covered by law.
These victims can seek compensation for loss of wages and benefits, pain and suffering and other damages.
Laws that protect against discrimination in the workplace
As we have mentioned before, there are many federal and state laws that protect you. Below you can see a list with some of these:
- Age Discrimination in Employment Act (ADEA).
- Worker Adjustment and Retraining Notification Act (WARN).
- California Labor Law.
- Americans with Disabilities Act (ADA).
- Fair Labor Standards Act (FLSA).
- Family and Medical Leave Act (FMLA).
- National Labor Relations Act (NLRA).
- Occupational Safety and Health Act (OSHA).
- Unruh Civil Rights Act.
- Title VII on labor discrimination.
- Pregnancy Discrimination Act (PDA).
What qualifies as discrimination?
To file a labor discrimination lawsuit, the employee must show that the employer took a negative labor action against him.
Additionally, it must demonstrate that said action was motivated, in part, by discrimination. Below you can see some examples.
It is illegal to discriminate against an employee because of their mental or physical disability. Whether this disability is short-term or long-term, employers must provide adaptability to their employees. The appropriate thing is that the employer talks to his employee to know his needs and adapt them.
This is stated in the Americans with Disabilities Act (ADA).
At Lluis Law we are catastrophic injury lawyers. If you suffered a spinal injury check our section on spinal cord injury attorneys.
Unfair dismissal and other employer retaliation
Unfortunately when a person tries to prevent discrimination in the workplace they may face retaliation.
In these cases you should know that the law is on your side because you have the right to complain in cases of harassment and discrimination. In other words, retaliation is illegal and if someone has violated your rights, please contact us.
The so-called “whistleblowers” are those who report irregularities in the company. In our section whistleblowers attorneys in Los Angeles you have extensive information.
Nor is it legal to discriminate against employees based on their age. Especially those over 40 are protected from being treated differently or being forced to leave a job for this reason.
Racial and national origin discrimination
Here the law is very clear. It is illegal for an employer to discriminate a worker based on race, descent, national origin or color.
Federal and state regulations protect employees from discrimination based on race. The Title VII of the Civil Rights Act of 1964 and the Law of Fair Employment and Housing California are the two main in this regard. They protect workers from harassment and racial discrimination.
Although California is better than many states in protecting this group, there are still many cases that present discrimination. For these cases you will need to have the best discrimination lawyers in Los Angeles.
Discrimination in housing
State and federal law also protect you in these cases, but unfortunately many financial institutions, lenders, and homeowners discriminate on the basis of race and others.
If you have suffered a similar case, you are at your service.
Bane law claims
Lawsuits in California under the Bane Act are brought against whoever attempts or attempted to interfere with your civil rights. These rights are protected and guaranteed by the constitution, federal or state law.
Unruh law claims
Under this California law, companies are prohibited from discriminating against a person based on protected characteristics that include:
- Sex. The California Supreme Court ruled that this law also protects against discrimination based on gender identity, sexuality, or transgender status;
- National origin;
- Some medical conditions;
- Physical or mental disability.
There are many other causes of discrimination such as hate crimes or excluding people during recruitment. Here we only mention some of those that we have solved in more than 40 years since we opened the office.
Gender and pregnancy discrimination
Employers are not allowed to treat their employees differently because of their gender. Neither for a pregnancy or childbirth and the medical conditions related to it.
At the firm we have helped many workers in cases where they are denied pay increases or promotions or in other cases of sexual harassment. These abuses should never be allowed for either women or men.
Evidence in cases of discrimination
The reality is that the employee does not need to demonstrate discrimination as the only factor. A dismissal can be considered illegal if it is based on a combination of legal and illegal causes.
An employer is unlikely to admit to illegal motivations, so here you have 2 ways that can be used to prove discrimination:
- Demonstrate a pattern of discriminatory treatment at work and that other co-workers suffered from it.
- This may be a demonstration that the reason stated by the employer is false or meaningless.
- Direct: Usually consists of discriminatory statements from the supervisor or employer.
If you have suffered a workplace discrimination case feel free to contact our Los Angeles discrimination lawyers. We will review your case in our free consultation to give you the best legal option to follow.