California Employment Discrimination Attorney
Employment discrimination in California is illegal under both state and federal laws, if the discrimination is against a class of individuals that is protected by law. Under federal law, there are a variety of statutes that prohibit discrimination, and those laws are enforced by the U.S. Equal Employment Opportunity Commission. Some of those laws include the Age Discrimination in Employment Act, Title VII, Section 1981, the Americans with Disabilities Act, and the Equal Pay Act.
In California, employment discrimination is illegal under the Fair Employment and Housing Act, which is enforced by the California Department of Fair Employment and Housing. If you are a member of a protected class, and you’ve been discriminated against in your job as a result, you have legal options. You may be entitled to get your job back, lost compensation, compensatory or punitive damages or other civil remedies.
Types of Employment Discrimination
Under federal law and California, the types of employment discrimination that are illegal are those based on age, disability, genetic information, national origin, pregnancy, race or color, religion, sex, or veteran status. California law also makes it illegal to discriminate in employment based on sexual orientation, gender, gender identity, and gender expression. Depending on the fact situation of your case, it may be advisable to pursue your claim under federal statutes, state statutes, or both.
Employment discrimination occurs when an employer singles out job applicants or employees on the basis of one of those special protected categories. If discrimination seems unfair but is not based on a special category (for example, if the boss only promotes thin employees or refuses to hire someone with bad credit), that is not illegal. The term “discrimination” can refer to a variety of discriminatory practices. Discrimination can include a bias in firing or hiring, job promotion, compensation or benefits, job assignment, or retaliation. Discrimination can also include harassment or a hostile work environment based on age, race, color, disability, nation origin, or gender.
Employment discrimination can take a variety of forms. Some common examples of employment discrimination include:
- Paying men and women different amounts for the same work
- Refusing to hire a pregnant woman because of her pregnancy
- Stating in a job advertisement that no Muslims should apply
- Laying off only older employees
- Refusing to promote gay employees because of their sexual orientation
If you believe you were illegally discriminated against, you should take action quickly. In some cases, you may only have six months from the time in which the discrimination occurs in which to file a claim with the Equal Employment Opportunity. In order to protect those rights, you should seek advice from a skilled employment law attorney. You may want to sue your employer, file a claim with the EEOC or the California Department of Fair Employment and Housing.
Contact Employment Discrimination Attorneys at Liberty Law
If you are in the San Francisco-Oakland area, including Fairfield, Tracy, Berkeley, Hayward, Richmond or Concord, contact the Liberty Law at 415-896-1000 or 510-645-1000. She has extensive experience in dealing with California employment discrimination cases, and she will work hard to get you compensation for your case.