People should never feel uncomfortable or unsafe at work, especially because of discriminatory practices. Unfortunately, workplace discrimination still exists despite state and federal laws in place to prevent it from happening.
Often, people who suffer workplace discrimination face a choice – leave their jobs or stay and continue to be subjected to discrimination.
At JML Law, we want you to know you have other choices. You do not have to suffer under discriminatory practices. When you need a Woodland Hills discrimination attorney, you can count on our knowledgeable and experienced team to get you the compensation you deserve.
What Does It Look Like
Workplace discrimination goes beyond the two main types people think about – racial and gender discrimination. Take a look at the types of discrimination that are prohibited under state and federal law:
- Marital status.
- Race and color.
- Nationality.
- Sexual orientation.
- Gender identity.
- Disability.
- Religion or creed.
- Age.
Age Discrimination
In general, employers are not permitted to discriminate against anyone aged 40 and older, discriminate based on age in advertisements for available positions, the application process or interviews, discriminate against older workers when reducing the size of staff, force employees to take early retirement or retaliate against workers who file, testify or participate in an ADEA case.
Granted, each one of these cases is difficult to prove. An employee can display direct evidence of age-based bias, but then the employer has a chance to explain that it would have made the same employment decision regardless of the employee’s age.
Most of the time, discrimination cases are based on circumstantial evidence, which oppies direct evidence. Direct evidence can look like an employer’s email stating an employee is too old. This is what makes the cases difficult to prove. The employer will likely argue that the decision was not based on age but rather another factor. Regardless, the employee still has the chance to demonstrate the employer’s explanation is not credible.
Disability Discrimination
Under the Americans with Disabilities Act, ADA, disabled employees are protected from discrimination in any form of communication, public accommodations, transportation, government activities, and employment. More often than not, employers are prohibited from discriminating against any or all qualified individuals with disabilities. The status doesn’t matter, whether it be hiring, firing, benefits, compensation, promotion, training, or other aspects of employment.
By definition, a disabled individual has a mental or physical impairment that limits life activities- breathing, walking, talking, etc. They also have a record or type of impairment or is viewed as having the impairment.
Racial Discrimination
The Civil Rights Act implemented Title VII which bans employers from discriminating against employees or applicants based on race. Employers who base decisions on stereotypes or make assumptions regarding race, color, ancestry, etc., are prohibited.
The concept of subtle discrimination, which is workplace policies that negatively impact members of a certain racial group, is also against the law. A few inappropriate yet common interview questions to be on the lookout for are:
- What is the origin of your last name?
- You look exotic. Are you mixed race?
- Where do your people come from?
Sex Discrimination
Employers are not allowed to discriminate in hiring, transferring, paying, or other employment-related conditions based on an applicant’s or employee’s sex. Men and women alike are protected from gender-based discrimination.
You can see that federal and state protections cover a wide range of types of discrimination. Historically, people have faced discrimination in the workplace for all of the items listed above. Unfortunately, that same discrimination still exists today. People often have trouble getting hired if they are in those groups. If they do get hired, they are often given lower-paying jobs or forced to work in unsafe conditions.
Workplace discrimination also limits a person’s ability to get promoted or receive pay raises.
Women who are pregnant or have recently given birth are further protected under the California Family Rights Act, which includes extended leave for a complicated pregnancy.
Your Options
Many people suffering from workplace discrimination cannot simply quit and find another job. Many are working paycheck to paycheck and cannot jeopardize their financial livelihood. People hold on to their jobs, hoping that the discrimination will stop. Sometimes, they are even terminated when they complain to management.
We want you to know that if you are still employed in an environment that is discriminating against you, we will work to make sure that discrimination is stopped. Then, we will work to secure compensation for the following:
- Back pay.
- Reinstatement (if you have been terminated).
- Promotion if it is due.
- Legal fees and court costs.
- Pain and suffering damages.
- Punitive damages.
If you experience discrimination in the workplace, it is ideal to keep a running log with as many details as possible. You also want to determine your employer’s policy for reporting such behavior. Consulting with a JML attorney is important to preserve your rights.
Title VII implements time limits for bringing forth a discrimination case. A claim must be filed within 180 days of the alleged act. However, each state sets out different time limits. JML can advise you on specific time limits. Call JML now if you have a potential case on your hands.
What You Can Do
If you have suffered from or continue to endure workplace discrimination, we want you to know that state and federal law is on your side. Our discrimination attorneys in Woodland Hills will fight for your rights. At JML Law, we believe everyone has the right to be treated fairly in the workplace, despite their race, color, age, sexuality, or anything else that makes them an individual. We will stop at nothing to get to the bottom of your case and secure the compensation you deserve. You can contact us by clicking here or calling 818-610-8800 for a free consultation. Coming forward is the best way to stop workplace discriminatory behavior.
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Every case is unique and needs to be evaluated by our experienced lawyers. If you have experienced discrimination in the workplace,
