What are the protected classes under California discrimination laws?
In California, employees are protected against discrimination by both state and federal law. These laws include the Fair Employment Housing Act (FEHA), the California Family Rights Act (CFRA), and the New Parent Leave Act (NPLA).
California’s protected classes include:
- Age (over 40)
- Ancestry/national origin
- Citizenship
- Color
- Disability (physical or mental)
- Gender identity/expression
- Genetic information
- Marital status
- Medical condition
- Military or veteran status
- Pregnancy
- Race
- Religion/creed
- Sex/gender
- Sexual orientation
Discrimination can take many forms in the workplace, and it can also occur subtly or over a period of time. For example, an employee over the age of 40 may be passed over for a promotion in favor of a colleague who is younger and less experienced solely due to age-based assumptions or preferences. In another case, a qualified employee who wears a religious crucifix necklace or a hijab may face harassment or be excluded from team collaboration because of their open expression of faith. Both of these examples demonstrate unlawful actions that were based on protected characteristics (age and religion, respectively).
Have you been discriminated against in your workplace? Do you not feel safe or have you been caused a great deal of stress? The attorneys at LNN can help. Whether your employer, supervisor, or coworker discriminates against you, our Los Angeles discrimination attorneys can help.
Building a Case for Workplace Discrimination
It requires more than simply stating that a person was treated unfairly to successfully prove workplace discrimination. To build a strong case, it is important to collect and organize evidence that supports an individual’s claims, such as:
- Written documentation, like emails, performance reviews, memos, text messages, or any written communication that might demonstrate discriminatory behavior
- Copies of employment records with documentation of disciplinary actions, promotions, demotions, and changes in job duties.
- Statements from coworkers who witnessed the discrimination
- Copies of formal complaints an individual made to HR or management, along with any response
People who have experienced workplace discrimination have three years to file a formal complaint with California’s Civil Rights Department (CRD) from the date of the discriminatory act. This is one reason why it is so critical to document everything well and act quickly, as it can make a difference in how your case turns out.
If you are not sure whether your experience qualifies as discrimination, our knowledgeable attorneys in Los Angeles could help offer clarity and guidance on next steps.
Retaliation for Reporting Discrimination
Employees who speak up about workplace discrimination are protected from retaliation under Government Code Section 12940, which makes it unlawful for an employer to punish a worker for opposing discriminatory practices or participating in a discrimination investigation. Retaliation can take many forms, and it is not always as obvious as a termination. A sudden drop in performance reviews, an unexplained demotion, a schedule change to less desirable hours, or exclusion from meetings and projects following a complaint may all signal that an employer is punishing you for asserting your rights.
Retaliation claims often accompany the underlying discrimination claim, and California law allows workers to pursue both at the same time. If you reported discrimination to human resources, a supervisor, or a government agency and your treatment at work changed for the worse afterward, our Los Angeles workplace discrimination attorney could evaluate the timing and circumstances of your case to determine whether retaliation occurred and what remedies may be available to you.
How an Attorney Can Help
Facing discrimination at work can be stressful and frustrating. When a victim’s livelihood is at stake, it is essential to hire an experienced workplace discrimination attorney in Los Angeles who is committed to protecting their rights.
Our team at LNN could assist in various ways. First, we will evaluate your case by listening to your story and reviewing the facts. We could determine whether you have a viable legal claim under either California or federal law. An attorney could also help you prepare and file a formal complaint with the proper government agency. Complaints may be filed with the federal Equal Employment Opportunity Commission (EEOC) or California’s Civil Rights Department (CRD).
Discrimination claims are often resolved through mediation or negotiation. Our lawyers will fight for just compensation. We could help you work toward reinstatement, back pay, and other remedies. If the case proceeds to court, our team will be ready to advocate for your rights. We are seasoned trial attorneys who are not afraid to take your case to trial if that is what it takes to hold your employer accountable.
Compensation Available in a Los Angeles Discrimination Case
The amount and type of compensation available in a workplace discrimination case depends on the facts of each situation. Employees who succeed in a discrimination claim may recover lost wages and benefits dating back to the discriminatory act, along with front pay when returning to the same position or employer is no longer realistic. Emotional distress damages could also be available to compensate for the anxiety, humiliation, or loss of enjoyment of life that often follows mistreatment on the job.
In cases where an employer’s conduct was especially harmful or intentional, punitive damages may be available under California law to punish the employer and discourage similar conduct going forward. Employees who prevail may also recover attorney’s fees and litigation costs, which allows workers to pursue a claim without carrying the financial burden alone. A Los Angeles workplace discrimination attorney at LNN could review your losses and pursue every form of compensation available to you under FEHA and applicable federal law, including remedies tied to lost seniority or benefits.
Contact a Discrimination Attorney in Los Angeles for Assistance
All California workers deserve a workplace that is free from discrimination. Our legal team at LNN believes in standing up for employees who have been treated poorly. We could walk you through each step in the legal process, from the beginning of building a case through pursuing a trial if necessary.
Contact our Los Angeles workplace discrimination lawyer today to schedule an initial consultation. Let us do all we can to help you recover the maximum amount of compensation for your expenses and for pain and suffering.
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