Discrimination in the workplace is something California lawmakers don’t tolerate. Any form of discrimination based on a protected class is against the law, and punishable by fines, citations, and other penalties. As an employee in Los Angeles, you have the right to take action against discrimination at work. When it’s time to go up against your employer for discriminating against you because of disability, national origin, age, race, religion, sex, or other class, come to The Law Office of Omid Nosrati for legal assistance.
In our years of providing employment law services to people in Southern California, we’ve received numerous positive reviews from past clients. In fact, our firm has a perfect five out of five client rating on national lawyer rating sites such as Avvo and Lawyers.com. Let our reputation for excellence work in your favor. Retain our firm for any type of workplace discrimination claim, as well as retaliation for reporting discrimination and harassment. We can connect you with the resources, tools, and legal actions suitable for recovering your damages. Talk to our Los Angeles employment lawyers at (310) 553-5630 or through our online portal.
Our law firm has more than 20 years of combined experience handling employment law cases throughout Southern California. We exclusively represent employees, not employers – committing all of our attention and resources to workers in need of our legal expertise. Our team is compassionate about the hardships workers face, including unlawful discrimination and harassment. Get to know our dedicated attorneys. We are here to help you understand the legal actions available to you in Los Angeles after an incident of workplace discrimination.
Federal and state laws protect employees from discrimination. Many of these laws involve the Civil Rights Act of 1964 and the California Fair Employment and Housing Act. These laws prohibit employers from making decisions on the basis of religious creed, race, national origin, color, ancestry, mental or physical disability, marital status, sex, gender or gender identity, expression, age, sexual orientation, or military or veteran status. In California, it’s also illegal to discriminate against people who have a genetic disposition to disease. Testing employees for genetic markers is against state law.
State law also has a special provision for “English only” policies. Under California law, an employer cannot prohibit nor limit employees from using any language within their workplace, unless the nature of the business necessitates a restriction. If this is the case, employees must receive notifications of when and where language use is restricted, as well as any consequences.
California laws are generally broader than federal statutes regarding civil rights, especially as they pertain to sexual harassment and discrimination against those with disabilities. Unlike federal laws, a victim of sexual harassment can hold a co-worker personally liable for workplace harassment
With regard to disability, state laws differ from the federal Americans with Disabilities Act. California law has a broader interpretation of physical disabilities, mental disabilities, and medical conditions, and it does not have a requirement for substantial limitation on life activities.
Workplace harassment charges fall under the jurisdiction of the Equal Employment Opportunity Commission (EEOC). This federal governing body investigates all complaints of harassment or discrimination in the workplace and makes recommendations to employers who they determine are in violation of state and federal employment law. In many cases, you must file a complaint with the EEOC and receive a “go ahead” to file a claim against an employer for workplace harassment.
In California, you may file a workplace discrimination claim with one of two agencies: The California Department of Fair Employment and Housing, or the EEOC. These two agencies have a “work sharing agreement,” which means they work together to investigate and process claims. As long as you indicate you want to “cross file” with both agencies, you don’t need to file a claim with both.
California anti-discrimination laws cover smaller employers who do not fall under the umbrella of federal law. If you work for a smaller company (between 5 and 14 employees), you should file your claim with the DFEH instead of the EEOC. The federal organization only covers employers with 15 or more employees. If your organization has at least this many employees, you may choose to file with either.
In order to file a claim with the DFEH, contact the headquarters using their toll-free hotline for employee discrimination. Once you speak to a representative, you will set up an appointment at a district office and talk about your harassment or discrimination in person. Visit http://www.dfeh.ca.gov for more details.
Once you file a report with the EEOC or the DFEH, they will conduct an investigation into your claims and determine if your workplace was in violation of federal or state civil law. If they find evidence of harassment or discrimination, they will inform you and your workplace of any violation, as well as recommended actions. At this point, you will be able to file a private claim with the help of a California civil rights attorney. These claims seek to compensate for any economic and general damages you suffered resulting from the workplace harassment.
The first step in taking action against workplace discrimination is recognizing it. There are certain actions, situations, behaviors, and conduct that should be red flags for discrimination. Learning how to identify discrimination and take swift action is an important skill for any employee to possess. By definition, “discrimination” refers to any form of different treatment of one person than his/her peers because of a protected class. Common examples of workplace discrimination include:
If you have experienced any adverse employment action at work that appears to arise out of discrimination but are not sure what to do, talking to an employment lawyer can help. The sooner you speak to a legal representative about possible discrimination at work, the better. Prompt action can help limit your damages, such as the amount of money you lose because of a demotion or job termination. It also ensures you meet all the deadlines for filing a discrimination claim against your employer if it becomes necessary. The Los Angeles employment attorneys at The Law Office of Omid Nosrati are always available to discuss a potential claim with you in Los Angeles.