Best Employment Discrimination Lawyers in California
Discrimination at work can adversely affect our lives in many ways from mental health issues to financial issues if we are no longer able to go to work due to discrimination.
If you have been a victim of discrimination at work and believe you may be entitled to compensation then the employment discrimination lawyers at Stalwart Law can help.
How is employment discrimination defined under California law?
Under California law, employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of certain protected characteristics. The California Fair Employment and Housing Act (FEHA) prohibits discrimination in the workplace on the basis of race, color, national origin, religion, sex (including pregnancy, childbirth, and related medical conditions), disability, age (for those 40 and older), genetic information, marital status, sexual orientation, gender identity, gender expression, or military and veteran status.
Discrimination can manifest in various aspects of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.
Employment discrimination can manifest in many different ways, depending on the protected characteristic that is being discriminated against and the aspect of employment that is affected such as:
- Hiring Discrimination: An employer decides not to hire an applicant because the applicant is pregnant or may become pregnant, or because the applicant is of a certain race, religion, or sexual orientation.
- Wage Discrimination: An employer pays a female employee less than a male employee for doing the same job with the same level of experience and skill.
- Promotion Discrimination: An employer passes over a qualified employee for promotion because of the employee’s age, deciding to promote a younger employee instead.
- Harassment: An employee faces frequent derogatory comments or jokes about their national origin, leading to a hostile work environment.
- Retaliation: An employer demotes, fires, or reduces the wages of an employee who filed a discrimination complaint or supported a coworker’s complaint.
- Failure to Accommodate: An employer refuses to make reasonable adjustments to the work environment or schedule to accommodate an employee’s disability or religious practices.
- Discrimination in Job Assignments: An employer consistently assigns less desirable or lower-profile tasks to employees of a certain race or ethnicity.
How to file a discrimination case against your employer in California
If you believe you have been discriminated against by your employer in California, the general process to file a case is as follows:
Document the Discrimination: Record any instances of discrimination, including times, dates, places, people involved, and what was said or done. This evidence will be crucial to support your claim.
Consult with an Attorney: An experienced employment discrimination lawyer can help you understand your rights, evaluate the strength of your case, and guide you through the process.
File a Complaint with the Department of Fair Employment and Housing (DFEH): Before you can file a lawsuit in court, you generally need to file a complaint with the DFEH, which is responsible for enforcing California’s laws against workplace discrimination. You can file a complaint online through the DFEH’s website. When filing a complaint, you should provide as much detail as possible about the discriminatory practices you have experienced. The employment legal team at Stalwart Law can help you with this process.
After receiving your complaint, the DFEH will conduct an investigation. It may interview witnesses, review documents, and engage in other fact-finding activities.
If the DFEH finds evidence of discrimination, it can file a lawsuit against your employer on your behalf. If it decides not to file a lawsuit, it will issue you a right-to-sue notice, which allows you to file a lawsuit on your own.
How to prove employment discrimination in California
Proving employment discrimination in California can be complex, as it often requires demonstrating that an employer made an employment decision based on a protected characteristic, rather than a legitimate business reason. You will need to provide strong evidence to build a case and your employment discriminiation attorney can help you to collate what is required including:
Emails, text messages, memos, performance reviews, disciplinary actions, and any other relevant documents. Direct evidence of discrimination, such as a statement by a manager that they are not promoting you because of your age, is very strong but rare. More often, discrimination is proven through indirect evidence.
To prove discrimination, you generally need to show that you were treated less favorably than similarly situated employees who are not in your protected class. This might involve showing that employees of a different race, age, sex, etc., received better treatment in terms of assignments, promotions, discipline, or other employment conditions.
In some cases, statistical evidence can be used to demonstrate a pattern of discrimination within a company. This might involve showing, for example, that a significant percentage of older workers were laid off compared to younger workers.
Statements from you and from witnesses, such as coworkers, can provide important evidence of discrimination. This can include testimony about specific instances of discriminatory treatment, as well as comments or actions that suggest a bias against a certain group.
How we can help
The experienced workplace discrimination lawyers at Stalwart Law can help you to determine if you have a case against your employer or former employer. If you have a case, we can help you prepare the necessary documents to win the compensation you deserve.
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To get to our office from downtown Los Angeles we recommend the following methods.
Subway -The journey time between downtown Los Angeles and Hollywood is roughly 18 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood subway service departs from Civic Center / Grand Park Station and arrives in Hollywood / Vine Station. Normally 524 subways run weekly.
Taxi -The journey time between downtown Los Angeles and Hollywood is roughly 8 min, depending on traffic, and depending on pickup location, is roughly 6.5 miles. Some of the taxi companies in the area are United Taxi, LA City Cab and Rosie Taxi Cab.
Bus -The journey time between downtown Los Angeles and Hollywood is roughly 30 min. It’s operated by Metro Los Angeles, the Los Angeles to Hollywood service departs from Broadway / 1st and arrives in Santa Monica / Bronson. Normally the bus runs run daily.
Car – Driving time from downtown Los Angeles to Hollywood is roughly 10 minutes depending on traffic. On average, parking lots and garages charge $1.00 per hour and $6.00 per day. On street parking costs $1.00 per hour.