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Orange County Workplace Discrimination Attorney

Our dedicated team of Orange County discrimination lawyers at Aegis Law Firm is committed to fighting against all forms of discrimination in the workplace, ensuring that every individual is treated fairly and with respect.

If you have experienced discrimination in the workplace, we are here to provide you with the legal support and advocacy you need to seek justice. Call (949) 379-6250 or contact us online today to schedule a free consultation.

Orange County Discrimination Lawyer

Why Choose Us?

  • We have a proven track record of successfully handling a wide range of discrimination cases, but our true measure of success is client satisfaction.
  • We understand that every discrimination case is unique, and we take the time to listen to our clients and understand their specific needs and concerns.
  • We believe in open and transparent communication with our clients. Our Orange County discrimination lawyers keep clients informed about the progress of their cases and are always available to address any questions or concerns.

How an Orange County Discrimination Attorney Can Help

A discrimination lawyer can provide invaluable support and assistance to individuals who have experienced discrimination at work. Here is how an Orange County discrimination attorney can help:

Legal Knowledge

A discrimination lawyer is well-versed in discrimination laws and regulations. They have a deep understanding of the legal framework surrounding discrimination and can help you navigate the complex claims process.

Guidance on Rights

Based on the specifics of your case, an Orange County employment lawyer can advise you on your rights under the law and will outline the various legal options available to you. They will discuss potential courses of action, such as filing a complaint, initiating legal proceedings, or negotiating a settlement.

Building a Strong Case

Discrimination lawyers have the resources and are skilled at gathering evidence, interviewing witnesses, and building a compelling case. They know what evidence is relevant and how to present it effectively.

Filing Formal Complaints

In many cases, filing a complaint with the California Civil Rights Department (CRD) or federal Equal Employment Opportunity Commission (EEOC) is a necessary step. A discrimination lawyer will assist you in preparing and filing your complaint.

Negotiating Settlements

If appropriate, a discrimination lawyer can negotiate on your behalf with the opposing party or their legal representation. This may result in a settlement that provides you with compensation and/or other remedies without going to court, such as reinstatement or back pay.

Litigation Representation

If negotiations do not lead to a satisfactory resolution, a discrimination lawyer will represent you in court. They will present your case and argue on your behalf.

Protection Against Retaliation

An attorney will advise you on protecting yourself against potential retaliation from your employer or the party responsible for the discrimination.

Appeals

If a case does not have the desired outcome at trial, an Orange County discrimination attorney can guide you through the process of filing an appeal.

Emotional Support

Dealing with discrimination can be emotionally taxing. A discrimination lawyer provides support and reassurance, helping you navigate the legal process with confidence.

By enlisting the services of a discrimination lawyer, you will have a dedicated advocate who will work tirelessly to protect your rights and seek justice on your behalf. They bring a wealth of legal knowledge and experience to your case, significantly increasing the likelihood of a favorable outcome.

When Should I Contact a Discrimination Lawyer?

If you believe you are currently experiencing discrimination in your workplace, contact an Orange County discrimination lawyer as soon as possible. They can provide guidance on how to handle the situation and what steps to take next. If you have documented instances of discrimination, such as written or recorded evidence, emails, or witness statements, gather this documentation for the attorney.

Alternatively, if you wish to report the discrimination to your employer or human resources department first, then contact a lawyer if the issue is not adequately addressed or resolved. However, no matter what point you are at with your discrimination complaint, it is never too late to speak to a lawyer. They can evaluate your circumstances and provide tailored advice.

What Compensation is Available for Victims of Discrimination?

Victims of discrimination may be entitled to various forms of compensation, depending on the specific circumstances of their case. Here are some common types of compensation recovered:

  • Back Pay and Front Pay: This includes compensation for lost wages, including past (back pay) and future (front pay) earnings that the victim would have received if not for the discriminatory actions.
  • Compensatory Damages: These cover out-of-pocket expenses incurred as a result of the discrimination, such as medical bills, therapy costs, or other expenses related to emotional distress.
  • Punitive Damages: In cases of intentional or egregious discrimination, the court may award punitive damages. This type of compensation is meant to punish the offender and deter future misconduct by other employers.
  • Attorney’s Fees and Legal Costs: In successful discrimination cases, you may be entitled to have your attorney’s fees and legal costs paid by the defendant (wrongful party).

Non-Monetary Remedies

  • Reinstatement: If you were wrongfully terminated, you may be reinstated to your previous position or provided with front pay if reinstatement is not feasible.
  • Reasonable Accommodations: In cases involving disability discrimination, employers may be required to provide reasonable accommodations, which can include modifications to the work environment or changes to job duties.
  • Injunctive Relief: The court may issue an injunction, which is a court order requiring the employer to take specific actions to stop the discriminatory behavior or prevent it from happening in the future, such as implementing policies or programs to promote equal opportunities.
  • Training and Education: Employers may be required to provide training and education to employees and supervisors to prevent future discrimination.

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How Long Do I Have to File a Discrimination Complaint?

With an employment discrimination complaint, you have three years from the alleged act to report it to the California Civil Rights Department (CRD). In other cases, you only have one year. However, if you file a discrimination complaint with the Equal Employment Opportunity Commission (EEOC), you only have up to 300 days.

If you decide to pursue a lawsuit and have received a “right-to-sue” notice from the CRD, you have one year to file. In contrast, you have 90 days to file a lawsuit if your notice comes from the EEOC.

What is Discrimination?

Discrimination refers to the unjust or prejudicial treatment of individuals or groups based on the following protected characteristics or attributes:

  • Race
  • Color
  • Religion (includes religious dress and grooming practices)
  • Sex/gender
  • Gender identity, gender expression
  • Sexual orientation
  • Marital status
  • Medical condition (genetic characteristics, cancer, or a history of cancer)
  • Pregnancy, childbirth, breastfeeding and/or related medical conditions
  • Military or veteran status
  • National origin
  • Ancestry
  • Disability (mental and physical, including HIV/AIDS, cancer, and genetic characteristics)
  • Genetic information
  • Age (over 40)

Discrimination is not only unjust, but it is also illegal. Various federal and state laws provide protections to ensure that all individuals are treated fairly and have equal access to opportunities and resources regardless of their background or characteristics.

Types of Discrimination

Here are some common types of workplace discrimination:

Race Discrimination

Race discrimination in the workplace occurs when individuals are treated unfairly or unfavorably based on their race, ethnicity, nationality, or skin color. This form of discrimination can take various forms, such as:

  • Passing over qualified candidates for job opportunities based on their race or ethnicity.
  • Subjecting employees to racial slurs, offensive comments, or jokes.
  • Unequal pay or benefits based on race.

Race discrimination creates a hostile work environment, perpetuates inequality, and denies individuals the opportunity to thrive based on their skills and qualifications. It not only harms the targeted individuals, but it also undermines the principles of diversity, equity, and inclusion that are essential for a healthy and productive work environment.

Age Discrimination

Age discrimination occurs when employees or potential employees are unfairly treated or disadvantaged based on their age. Older employees or potential employees may face hiring, promotions, or retention challenges due to stereotypes or assumptions about their abilities or productivity.

Ageism can manifest in subtle ways, such as exclusion from opportunities, or more overtly through derogatory remarks or unequal treatment.

Gender Discrimination

Gender discrimination can manifest in a variety of ways, including disparities in pay, promotions, or opportunities for advancement based on gender. For instance, a qualified female employee might be passed over for a promotion in favor of a less qualified male colleague. Additionally, gender discrimination can also take the form of unequal pay for the same job or expectations or treatment due to societal stereotypes. This might involve assuming that certain roles or tasks are better suited for individuals of a particular gender.

Pregnancy Discrimination

When an employee or potential employee is treated unfairly or disadvantaged due to their pregnancy, childbirth, or related medical conditions, it is considered pregnancy discrimination. For example, being denied a job, promotions, facing adverse employment actions, or experiencing a hostile work environment. Additionally, employers may fail to provide reasonable accommodations for pregnancy-related needs, such as modified duties or time off for medical appointments.

Disability Discrimination

Disability discrimination is unfair treatment or denial of equal opportunities due to a person’s disability. This can take many forms, from failing to provide reasonable accommodations for employees with disabilities to making assumptions about their capabilities based on their condition. For instance, not offering accessible facilities or technologies or assigning tasks that may be challenging without necessary accommodations constitutes discrimination.

Religious Discrimination

When employees or potential employees are treated unfairly or disadvantaged because of their religious beliefs or practices, it is religious discrimination. From overt acts like refusing to accommodate religious practices to more subtle biases in hiring, promotions, or assignments, these discriminatory acts are not only ethically wrong but against the law. For example, an employee might be being discriminated against if they are denied time off for religious holidays or if they are subjected to derogatory comments about their faith.

Employers have a responsibility to provide reasonable accommodations for religious practices and to foster an inclusive environment where employees of all faiths can work free from prejudice.

LGBTQ+ Discrimination

Unjust treatment of individuals based on their sexual orientation, gender identity, or gender expression is against the law. This form of discrimination can manifest in various ways, from derogatory comments and jokes to more severe instances like denial of promotions, unequal pay, or even termination. LGBTQ+ individuals may face barriers to professional growth and inclusion due to prejudices or stereotypes.

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State and Federal Laws that Protect Against Discrimination

California Fair Employment and Housing Act (FEHA)

This state law prohibits discrimination based on race, color, religion, sex, sexual orientation, gender identity, national origin, ancestry, disability, genetic information, marital status, and age (40 and above). It applies to employers with five or more employees.

California Labor Code

This code addresses various aspects of employment, including provisions against discrimination, harassment, and retaliation. It also covers topics like equal pay, family and medical leave, and occupational safety.

California Family Rights Act (CFRA)

This act provides eligible employees with job-protected leave for specific family and medical reasons, similar to the federal Family and Medical Leave Act (FMLA).

Title VII of the Civil Rights Act of 1964

This is a federal law that prohibits discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees.

The Pregnancy Discrimination Act

An amendment to the Civil Rights Act to prohibit discrimination based on pregnancy and/or childbirth.

Age Discrimination in Employment Act (ADEA)

This federal law protects individuals who are 40 years of age or older from employment discrimination based on age.

Americans with Disabilities Act (ADA)

The ADA prohibits discrimination against individuals with disabilities and requires employers to provide reasonable accommodations to qualified employees with disabilities.

Equal Pay Act (EPA)

This federal law mandates that employers provide equal pay for equal work, regardless of gender.

Genetic Information Nondiscrimination Act (GINA)

GINA prohibits the use of genetic information in making employment decisions.

Contact an Orange County Discrimination Attorney Today

We are here to listen, understand your situation, and provide you with the guidance you need. To arrange a free consultation today, call (949) 379-6250 or fill out our online contact form.