Palmdale Workplace Discrimination Lawyer

Proving Workplace Discrimination

It can be a challenge to prove workplace discrimination, but it is a crucial part of building a strong case. You will need to have evidence that establishes a connection between a protected characteristic and the discriminatory act performed against you, such as harassment or termination.

You can begin by documenting the incident of discrimination, whether there was one incident or multiple. Be sure to make a note of the location, date, and time, and describe what occurred in as much detail as possible. Reporting the incident to your employer or HR can also be beneficial, depending on the circumstances. For each incident, you can request a written copy of the report for your own records.

Aside from your own documentation of the incident, the evidence you gather is vital to proving your case. In workplace discrimination cases, the burden of proof usually falls on the employee who brings the claim. There are two types of evidence you can use to prove your case: direct evidence or circumstantial evidence.

Direct evidence can be difficult to obtain. It’s any evidence that explicitly demonstrates that the adverse act against you was done based on a protected characteristic. This could be a statement or email telling a manager to fire an employee because they’re pregnant or because of their race. Witness statements would also be applicable if another coworker overheard or saw the discriminatory statements or conduct. Direct evidence is clear and convincing proof.

Circumstantial evidence, on the other hand, is far simpler to obtain because it doesn’t need to be explicit; it just needs to show there is a high probability of discriminatory intent. One might provide evidence showing a pattern of discrimination against others in their protected class or evidence that shows employees who do not share the same protected characteristic were given preferential treatment in similar situations. The more circumstantial evidence you can present, the higher your chances of establishing a culture of discrimination.

An experienced employment lawyer can assist you with gathering as much evidence as possible and give you advice on what to look for when it comes to circumstantial evidence.

FAQs

Q. What Is Considered Discrimination in the Workplace in California?

A. In California, it is considered discrimination in the workplace if an employer treats a job applicant or employee unfairly based on a protected class or characteristic. Here are a few examples:

• Hiring, firing, or promoting employees based on a protected characteristic.
• Wage differences for employees performing significantly similar duties based on a protected characteristic, like race or gender.
• Implementing practices or policies that disproportionately affect a protected class.
• Retaliation against employees for participating in a protected activity, such as a discrimination investigation.

Q. What Damages Can I Recover for Workplace Discrimination?

A. You can recover a variety of damages after proving workplace discrimination, but the specific damages available to you depend on the circumstances of your case and the applicable laws. Victims of workplace discrimination can be awarded back pay, front pay, compensation for non-economic loss, punitive damages for malicious conduct, and attorney’s costs and fees, amongst other damages. It is important to consult with a lawyer to determine what exact damages you can potentially recover.

Q. What Is the New Law on Discrimination in California?

A. There have recently been quite a few new laws addressing discrimination in California. One that took effect on January 1, 2024, is Assembly Bill 2188. It prohibits discrimination against applicants or employees based on (1) their use of cannabis when they are off duty and away from company grounds and (2) a drug test required by the employer that finds non-psychoactive cannabis metabolites in the person’s system. This law doesn’t apply to individuals working in building or construction or in positions requiring federal clearance and background checks.

Q. What Are the Protected Classes for Discrimination in California?

A. The protected classes for discrimination in California include the following:

• Race, Color, Nationality, Ethnicity
• Gender, Sex
• Religion
• Genetic Information
• Disability, Medical Conditions
• Age (40 and older)
• Sexual Orientation, Gender Identity, Gender Expression
• Military or Veteran Status
• Marital Status

This is not an exhaustive list, and other classes may be protected under local ordinances in different cities.

Trust the Legal Team at Nosrati Law, A Professional Law Corporation

When you are facing workplace discrimination, it can be a beneficial decision to put your trust in the legal professionals at Nosrati Law, A Professional Law Corporation. Our team is dedicated to fighting against all types of workplace discrimination and protecting the rights of employees.

Contact our office as soon as you can to consult with a skilled workplace discrimination lawyer