Los Angeles Employment Discrimination Lawyer

Many employees face discrimination based on race, gender, age, religion, disability, or other protected characteristics. When these injustices occur, it is crucial to have an experienced and dedicated Los Angeles Employment Discrimination Lawyer on your side. Call (949) 379-6250 or message us online to arrange a free consultation today. 

What is Employment Discrimination?

Employment discrimination refers to unfair or unequal treatment of employees or job applicants based on certain characteristics protected by law. In California, these characteristics include race, color, ancestry, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, sexual orientation, age (40 and older), disability (mental and physical), medical condition, genetic information, marital status, and military or veteran status. 

Do I Have a Discrimination Claim?

Any job applicant or employee has the right to file a claim if they believe they have been discriminated against based on a protected characteristic. Whether a claim is successful hinges on proving the following key elements: 

1. Membership in a Protected Class

You must show that you belong to a protected class under the law.

2. Adverse Employment Action

You need to demonstrate that you suffered an adverse employment action. This can include termination, demotion, denial of promotion, unequal pay, unfavorable job assignments, reduced benefits, harassment, or any other action that negatively affects the terms and conditions of your employment.

3. Qualified for the Job

You must prove that you were qualified for the position you held or sought. This means showing that you had the necessary skills, experience, education, and performance to meet the job requirements or perform your job duties satisfactorily.

4. Connection Between Protected Characteristic and Adverse Action

Evidence must show that the adverse employment action was taken because of your protected characteristic. This can be the most challenging element to prove, as it involves demonstrating a causal link between the discrimination and the adverse action. Evidence may include:

• Direct Evidence: Explicit statements or actions by the employer indicating discriminatory intent.
• Circumstantial Evidence: Patterns of behavior, inconsistencies in the employer’s explanations, or treatment of similarly situated employees outside your protected class who were treated more favorably.
• Comparative Evidence: Showing that other employees who are not in your protected class received better treatment under similar circumstances.

5. Pretext for Discrimination

If the employer provides a legitimate, non-discriminatory reason for the adverse action, you must demonstrate that this reason is a pretext, meaning it is not the true reason for the action. Evidence that can help show pretext includes:

• Inconsistencies: Discrepancies in the employer’s stated reasons for the adverse action.
• Shifting Explanations: Changes in the employer’s explanation over time.
• Disparate Treatment: Evidence that similarly situated employees outside your protected class were treated more favorably.
• Timing: The proximity in time between your protected activity (such as reporting discrimination) and the adverse action can suggest a retaliatory motive.

Examples of Different Discrimination Claim Types

Discrimination in the workplace can manifest in various ways, impacting hiring, treatment, and opportunities for employees. Here are several common examples:

Hiring and Recruitment

• Example: A qualified candidate is not hired because of their race, gender, age, or other protected characteristic. For instance, an employer might reject applicants with foreign-sounding names or refuse to hire older candidates despite their experience.

Compensation and Benefits

• Example: Employees of different genders, races, or ethnicities performing the same job receive unequal pay or benefits. A female employee might be paid less than her male counterparts for the same role and responsibilities.

Promotions and Job Assignments

• Example: Employees from certain groups are consistently passed over for promotions in favor of less qualified individuals from other groups. For example, a company might only promote men to senior positions, despite having qualified female candidates.

Harassment

• Example: Employees face unwelcome conduct or comments related to their protected characteristics, creating a hostile work environment. This can include racial slurs, sexual harassment, or derogatory jokes about someone’s religion or disability.

Retaliation

• Example: An employee who reports discrimination or participates in an investigation faces adverse actions, such as demotion, reduced hours, or termination. For instance, an employee who files a complaint about gender discrimination might be given undesirable assignments or unfairly criticized.

Workplace Policies and Practices

• Example: Company policies that disproportionately affect employees of certain groups. For instance, a dress code that bans certain cultural or religious attire, like hijabs or turbans, can be discriminatory.

Training and Development Opportunities

• Example: Employees from certain groups are excluded from professional development opportunities, training programs, or mentorships. For example, women might be overlooked for leadership training that is predominantly offered to men.

Performance Evaluations

• Example: Employees receive biased performance reviews based on stereotypes or personal prejudices. A supervisor might rate employees of a particular race lower than others, despite comparable performance.

Disciplinary Actions

• Example: Employees from certain groups are disciplined more harshly than others for similar infractions. For instance, a minority employee might receive a severe penalty for a minor mistake, while a non-minority employee receives only a warning for the same issue.

Access to Facilities and Resources

• Example: Employees are denied access to facilities, resources, or opportunities based on their protected characteristics. For example, disabled employees might not be provided with necessary accommodations or access to wheelchair-friendly facilities.

How Can an Attorney Help?

An employment discrimination lawyer can provide essential support and guidance if you believe you have been subjected to unfair treatment at work. They can help you in several key areas:

Case Evaluation

First, they will listen to your situation, review any evidence you have, and determine whether you have a valid discrimination claim. They will also explain your rights under relevant laws, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA).

Building Your Case

A lawyer can assist in gathering and organizing essential documents, such as emails, performance reviews, and witness statements. They may conduct a thorough investigation to uncover additional evidence and build a strong case. 

Filing Complaints

An attorney will handle filing complaints with the appropriate agencies, such as the Equal Employment Opportunity Commission (EEOC) or the California’s Civil Rights Department (CRD). These filings are prerequisites to pursuing a lawsuit. 

Skilled Legal Representation 

A lawyer will negotiate with your employer to seek a fair settlement that addresses your grievances and compensates you for any losses. If a fair settlement cannot be reached, the lawyer will represent you in court, presenting your case, examining witnesses, and making legal arguments on your behalf.

Protecting Your Rights

A lawyer will help ensure that you are protected from retaliation for filing a complaint or participating in an investigation. If your case involves disability or religious discrimination, they can advocate for reasonable accommodations in your workplace. They will seek appropriate compensation for your losses, including back pay, front pay, emotional distress damages, and punitive damages. In some cases, they may seek reinstatement to your job if you were unjustly terminated.

Contact Us Today

If you have experienced workplace discrimination, Aegis Law Firm will ensure your voice is heard. Call (949) 379-6250 or message us online to arrange a free consultation with our Los Angeles Employment Discrimination Lawyer today. We also offer employment discrimination legal help in Orange County.