Strong Advocacy for San Diego Employees When Employers Discriminate in the Workplace
Are you searching for a San Diego workplace discrimination attorney to defend your rights as an employee? Whether you are currently employed or have been fired and have legal questions, ask our San Diego employment attorneys. Workers in California have numerous rights. Some of these rights are due to federal laws, state laws, or San Diego laws. Employee rights may also be due to the contracts employees sign with their employees. Finding a good-paying job in San Diego can be difficult but it shouldn’t be impossible. You should be able to trust that you won’t be discriminated against when you apply for a job. If you’re hired, you should be able to continue that work or be promoted based on your job performance and not on personality factors.
It’s not easy finding a good-paying job. Many workers struggle even as California has passed legislation increasing the minimum wage. If you have trade skills, a college education, or work experience – it can still be hard to find employment. San Diego job applicants shouldn’t have the extra burden of being discriminated against because of how they look or what their background is. San Diego employees should be able to trust that if they perform their job well, that a manager or employer won’t fire them because of their identity.
San Diego employers are required to comply with federal and state workplace discrimination laws. There are numerous workplace discrimination laws. Some are broad in scope and apply to a range of misconduct. Other laws focus on specific characteristics such as age discrimination or discrimination against an employee or applicant who has a disability. Employers generally can’t discriminate regarding hiring, firing, advancement in the company, promotions, work benefits, and your work environment.
Employees who are discriminated against for any of the following factors should speak with an experienced San Diego employee rights lawyer:
- Country of origin
- Age – 40 years old or older
- Religious beliefs
- A disability (physical, mental, HIV, and AIDS)
- Certain medical conditions
- Marital status
- Genetic information
- Gender identity/expression
- Sexual orientation
- Military status
- Other identity qualities
What federal and state laws protect San Diego employees from discrimination?
Most of the laws that protect workers are federal laws. California also has a comprehensive workplace discrimination law. Employers can normally assert their rights before federal or state agencies. The agencies should investigate the claim. Employees can seek damages from employers who discriminate in federal and state courts. There are certain requirements for the laws to apply which our experienced San Diego workplace discrimination laws will explain. For example, some laws limit claims to large employers. California’s employment laws generally apply to all employers of all sizes – though some requirements apply to employers with five or more employees.
Workplace discrimination laws include:
- The Civil Rights Act of 1964, Titles VI and VII. This law applies to workplace discrimination based on your color, religion, country of national origin, or your race. This law applies to employers that are:
“engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include… the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service.”
The Civil Rights Act applies to different types of employers such as – individuals, governments, federal agencies, corporations, partnerships, labor unions, mutual companies, and other employers.
In addition to forbidding discrimination in hiring, firing, pay, and the privileges of employment, The Civil Rights Act of 1964 states that employers can’t discriminate by “limiting, segregating, or classifying employees or applicants” – in a way that would adversely affect the worker of any employment opportunities or his/status as an employee.
The Civil Rights Act of 1964 sets forth the:
- Evidence needed to prove a claim
- The employee’s remedies
- What exceptions may apply
- The enforcement powers of the Equal Employment Opportunity Commission (EOC). One commonly used power is the power to conduct investigations
The Civil Rights Act of 1964 does require that employers honor a worker’s religious practices.
- The Equal Pay Act of 1963. This law requires that workers of different sexes who have the same skills and work experience should be paid the same. The law also prohibits discrimination, based on gender or sex – regarding hiring an employee, firing, and other workplace benefits and opportunities.
- The Age Discrimination in Employment Act of 1967 (ADEA). This law protects workers 40 and older. It can be very rough, especially in a technical age, for workers over 40 to get and keep a job. Employers generally prefer younger workers because they can pay them less. Our respected skilled San Diego employment lawyers fight for workers who aren’t hired, are fired, or when doors are closed – due to their age.
- The Americans with Disabilities Act (ADA). This law provides rights and remedies for job applicants and workers who are disabled. The ADA applies to “employers, including state and local governments, with 15 or more employees.” The ADA also protects disabled workers and employees who support disabled workers from retaliation for asserting their employee rights. The ADA requires that San Diego employers and employers nationwide provide ““reasonable accommodations” for workers with disabilities.
- Section 503 of the Rehabilitation Act of 1973 (Section 503). This law also provides disability protection. The law also “requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors.”
- The California Fair Employment and Housing Act. (CFEHA). This state law provides numerous workplace protections against employee discrimination. California’s law also provides some remedies for independent contractors. The law also provides protection against sexual harassment and other types of harassment that are based on a person’s identity characteristics. The CFEHA also has “reasonable accommodation” requirements, leave of absence requirements, and other workplace protections.
What damages can employers who discriminate be ordered to pay?
Our San Diego workplace discrimination lawyers file complaints before federal and California agencies that have the authority to enforce employment discrimination laws. We also file employment lawsuits against employers who discriminate in federal and state courts. In addition to employment discrimination laws, we also assert many related employee rights including the right to be free from employer retaliation for asserting your discrimination rights.
Our San Diego employment lawyers seek all the damages that the law permits. Generally, workplace discrimination benefits include:
- Reinstatement of your job
- Being promoted – if you would have been promoted if the discrimination hadn’t occurred
- Lost wages and lost employment benefits – if you weren’t hired, if you were fired, or if you lost these forms of compensation for any other reason
- Payment of attorney’s fees
- Statutory damage
- Punitive damages
- Forcing the employer to take proactive steps to prevent future discrimination
Normally, San Diego employees need to file their claim with the Equal Employment Opportunity Commission or the California Department of Fair Employment and Housing. If the agency can’t resolve the dispute, the agency should give the employee a “right to sue” letter. The letter gives the employee the right to proceed in federal or state court.
Employees should contact their San Diego employment lawyer as soon as possible to assert their rights in a timely manner and to help ensure they understand what type of evidence is needed.
There’s no excuse for discrimination in the 21st century. Employees who file claims are protecting their rights and helping to protect other workers. To discuss your San Diego workplace discrimination claim, call the Miracle Mile Law Group today. You can phone us at (888) 244-0706 or contact us online for a FREE case evaluation.