In the diverse workforce of Orange County, California, employees should feel safe, respected, and valued regardless of their characteristics. Unfortunately, workplace discrimination remains a pervasive issue, affecting countless individuals and undermining the principles of equality and fairness.
At Elite Employment Law, our dedicated Orange County employment law attorney is committed to fighting for your rights and ensuring justice prevails in cases of workplace discrimination. Contact us today to schedule your free initial consultation.
How Our Orange County Discrimination Attorneys Can Help You
At Elite Employment Law, our Orange County discrimination attorney is dedicated to protecting employees’ rights and fighting against workplace injustice. When you choose us to represent you, we will listen to your story so we can fully understand your unique case.
We will carefully review your situation, assess the strength of your claim, and advise you of your best course of action. Then, our skilled attorneys will craft a tailored legal strategy to help protect your rights and get you the justice you deserve.
With over a decade of employment law experience, our attorneys are skillful negotiators and often reach fair settlements of our client’s cases without the need for lengthy litigation. If we can not reach a fair settlement for you, be assured that we will aggressively advocate for you in court. We have over a 97 percent success rate in settling and litigating for our clients. We understand the toll discrimination can take on your well-being and career. Our firm provides compassionate support throughout the legal process.
Elite Employment Law will fight to secure the full compensation and justice you deserve. Some of the damages you may be entitled to include lost wages and benefits, emotional distress, attorney’s fees and legal costs, and in rare cases, punitive damages.
Let our skilled discrimination lawyer help you. Contact Elite Employment Law today for a free consultation.
Understanding Workplace Discrimination in Orange County
Workplace discrimination occurs when an employee or job applicant is treated unfavorably because of their protected characteristics. Both California state laws and federal statutes prohibit discrimination based on specific factors. All employees need to know what constitutes discrimination so they can recognize when their rights are being violated.
Protected Characteristics Under Anti-Discrimination Laws
In California, employers are prohibited from discriminating against employees or job applicants based on:
- Race or Color
- National Origin or Ancestry
- Sex (including pregnancy, childbirth, and related medical conditions)
- Gender Identity or Expression
- Sexual Orientation
- Age (40 and older)
- Religion
- Disability (physical or mental)
- Medical Condition
- Genetic Information
- Marital Status
- Military or Veteran Status
Forms of Workplace Discrimination
Discrimination can occur in numerous ways throughout the employment process. Some common forms include:
- Hiring Discrimination. Refusing to hire qualified candidates based on protected characteristics.
- Wrongful Termination. Firing an employee due to their membership in a protected class.
- Promotion Denial. Overlooking qualified employees for promotions based on discriminatory reasons.
- Unequal Pay. Paying employees differently for substantially similar work based on protected characteristics.
- Harassment. Creating a hostile work environment through unwelcome conduct based on an employee’s protected status.
- Retaliation. Taking adverse action against an employee for reporting discrimination or participating in related investigations.
What Does Discrimination in the Workplace Look Like?
You may know that state and federal law protects against workplace discrimination, but you may not have a full understanding of what discrimination actually looks like. There are multiple types of discrimination, including:
- Harassment – Harassment can also take multiple forms. Any type of behavior that could be considered offensive could be considered harassment. In some cases, harassment is obvious but subtle. Use of demeaning language, creating a hostile work environment, or sexual harassment are all considered harassing behaviors.
- Lack of reasonable accommodations – Employers are required to provide reasonable accommodations to individuals dealing with disabilities, pregnancy, or for those with personal religious beliefs.
- Retaliation – If you complain about discriminatory practices at work, report unlawful conduct, or blow the whistle on illegal or unethical activity, your employer may retaliate against you by denying you a promotion or benefits, creating a hostile work environment, threatening or intimidating you, or even terminating your employment.
- Unfair treatment – This can include a wide variety of actions, such as leaving someone out of email chains or social events, forcing someone to work the most undesirable shifts, passing someone over for well-deserved promotions, or refusing to offer training opportunities that are provided to others.
Legal Protections Against Workplace Discrimination
Both state and federal laws provide strong protections against workplace discrimination. At Elite Employment Law, our Orange County discrimination attorneys have a deep understanding of these laws and use them to advocate for our clients effectively.
California Fair Employment and Housing Act (FEHA)
The FEHA is California’s primary anti-discrimination law, offering broader protections than federal statutes. It applies to employers with five or more employees and covers all the protected characteristics listed above.
Title VII of the Civil Rights Act of 1964
This federal law prohibits employment discrimination based on race, color, religion, sex, and national origin. It applies to employers with 15 or more employees.
Age Discrimination in Employment Act (ADEA)
The ADEA protects workers aged 40 and older from age-based discrimination in all aspects of employment.
Americans with Disabilities Act (ADA)
The ADA prohibits discrimination against qualified individuals with disabilities and requires employers to provide reasonable accommodations.
Recognizing Signs of Workplace Discrimination
Identifying workplace discrimination can sometimes be challenging, as it is not always obvious. Here are some signs that may indicate discriminatory practices:
- Inconsistent application of company policies
- Sudden negative performance reviews without justification
- Exclusion from meetings, projects, or social events
- Disparaging comments or jokes related to protected characteristics
- Unequal distribution of work or opportunities
- Denial of reasonable accommodations for disabilities or religious practices
- Patterns of hiring, firing, or promoting that favor certain groups over others
If you have experienced any of these signs or believe you are facing discrimination, you should consult with our experienced Orange County discrimination attorneys.
Steps to Take If You Are Facing Workplace Discrimination
If you believe you are experiencing discrimination at work, taking the following steps can help protect your rights and strengthen your potential legal case:
- Document Everything. Keep a detailed record of discriminatory incidents, including dates, times, locations, and witnesses.
- Report the Discrimination. Follow your company’s procedures for reporting discrimination, typically through HR or a designated complaint process. Make your complaint in writing and keep a copy.
- Preserve Evidence. Save any emails, text messages, or other communications that support your claim.
- Know Your Rights. Familiarize yourself with your company’s anti-discrimination policies and relevant laws.
- Seek Support. Confide in trusted colleagues who may have witnessed the discrimination or experienced similar treatment.
- Consult with an Attorney. Contact the skilled Orange County discrimination attorneys at Elite Employment Law for a free confidential consultation.
The Importance of Timely Action
If you believe you’ve been a victim of workplace discrimination, it is essential to act promptly. In California, you generally have three years from the date of the discriminatory act to file a complaint with the Department of Fair Employment and Housing (DFEH). However, waiting too long can result in lost evidence and faded memories, potentially weakening your case.
However, it is not only the statute of limitations you need to be aware of. Per the Equal Employment Opportunity Commission (EEOC) guidelines, discrimination complaints pursued at the federal level must be filed within 180 days of the alleged discrimination violation. In some cases, the deadline can be extended to as much as 300 days if there is a local or state anti-discrimination law and effect as described in the EEOC’s guidelines.
You may also have the right to demand justice through the California Department of Fair Employment and Housing (DFEH). If officials do not complete the investigation, you will be issued a right to sue letter. From there, you are required to file your discrimination lawsuit against your employer within 90 days, according to Health and Safety Code Section 1596.881. Your discrimination attorney in Orange County can help you ensure all deadlines are met in a timely manner so you are not prevented from recovering the compensation you deserve.
Demand Full Compensation for Your Losses
When you pursue compensation through a civil lawsuit, there are a wide variety of compensatory damages you may be entitled to. These types of losses can be further categorized as economic or non-economic damages based on whether the loss is tangible or intangible. Some examples of economic damages that may be available in discrimination lawsuits include:
- Attorney’s fees – Your Orange County harassment attorney may be able to work with you on contingency per Rule 1.5 Fees for Legal Services of the State Bar of California. This means we will only get paid if we recover compensation for your damages.
- Loss of employee benefits – If you lost your employer-provided health insurance, paid time off, sick leave, 401(k) or retirement savings contributions, or other employee benefits as a result of your discrimination or wrongful termination, these damages can be recouped through your lawsuit.
- Lost income – Your employer could be ordered to compensate you for the total value of your lost wages from the date you were wrongfully terminated or demoted.
You may also have the right to recover non-economic damages which do not have a financial value. You are entitled to compensation for these damages due to the extreme impact that they may have on your life. For instance, if your professional reputation was destroyed after your employer launched a smear campaign against you, you may have the right to compensation for this loss. You may also be entitled to reimbursement for your emotional distress, pain and suffering, and intense feelings of embarrassment or shame.
Contact Our Orange County Discrimination Lawyers Today
Workplace discrimination can have devastating effects on your career, financial stability, and personal well-being. Do not face this challenging situation alone. Let the experienced Orange County discrimination attorney at Elite Employment Law guide you through the legal process and fight for your rights. We offer free, confidential consultations to discuss your case and explore your legal options. Our firm is dedicated to achieving the best possible outcome for each client, whether through negotiation or litigation.
If you have experienced workplace discrimination in Orange County or the surrounding area, contact Elite Employment Law today. Let us put our experience and passion for justice to work for you, ensuring that your rights are protected and that you receive the compensation you deserve. Remember, you have the right to a workplace free from discrimination. Together, we can hold employers accountable and promote fairness and equality in the workplace. Reach out to Elite Employment Law today for a free consultation and take the first step towards justice.