Discrimination in the workplace can happen when current or potential employees are treated with prejudice based on specific protected groups. The U.S. Equal Employment Opportunity Commission released a report that 84,254 charges were filed in 2017 for workplace discrimination. According to the EEOC, the average cost of defense and settlement payment for discrimination cases is $160,000. Discrimination cases are complex and deserve to be handled with the utmost professionalism and care. If you have been discriminated against by your employer, seek counsel immediately. Contact JML Law in San Francisco at 415-692-3462 to speak with attorneys who have extensive legal knowledge and experience with workplace discrimination suits.
California Workplace Discrimination
In addition to Federal laws, California has its own workplace discrimination laws protecting employees from being discriminated against by their employers because of :
- Race, color
- Ancestry, national origin
- Religion, creed
- Age (over 40)
- Disability, mental and physical
- Sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions)
- Sexual orientation
- Gender identity, gender expression
- Medical condition
- Genetic information
- Marital status
- Military and veteran status
California’s Department of Fair Employment and Housing (DFEH) enforces all laws and regulations that prohibit workplace discrimination. These laws apply to all public and private employers, labor organizations, and employment agencies. The DFEH enforces the following summarized laws and employer requirements:
- It is illegal for employers to discriminate against their current employees or applicants.
- It is illegal for employers to retaliate against their employees or applicants because they have reported a violation of their rights.
- Prohibits prejudice and harassment against employees, applicants, unpaid interns, volunteers, or contractors.
- The California Family Rights Act (CFRA) requires employers of 50 or more employees to provide job-protected leave for the birth of a child, for placement of a child in the employee’s family for adoption or foster care, for the serious health condition of the employee’s child, parent, or spouse, and for the employee’s own serious health condition.
- The New Parent Leave Act (NPLA) requires employers of 20 or more employees to provide eligible employees job-protected leave for the birth of a child or the placement of a child for adoption or foster care.
- Employers of five or more employees must provide up to four months of disability leave for an employee who is disabled due to pregnancy, childbirth, or a related medical condition.
- Employers of 50 or more employees are required to provide sexual harassment training to supervisory employees.
Possible damages or remedies that could be given to an employee who has been discriminated against are:
- Back pay
- Future lost earnings
- Reinstatement
- Promotion
- Damages for emotional trauma or distress
- Punitive damages (fines the employer must pay as punishment)
- Attorney fees and costs
- Policy changes and training
It is hard to put a price tag on the combined emotional, financial, and personal harm workplace discrimination can place on an employee. The average time span for a workplace discrimination suit is about a year. The ramifications for an employee to be out of work for this length of time is formidable, to say the least, not to mention the potential for emotional and personal trauma. The process of filing, proving, and building a workplace discrimination suit can be lengthy and discouraging. Let our seasoned and qualified attorneys at JML Law represent you and fight to pursue your legal right to compensation for damages. Do not hesitate to contact our offices today in San Francisco at 415-692-3462 for a free consultation.
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