Discrimination
Discriminated Against at Work? We’ll Fight For Your Rights
Discrimination, the prejudicial treatment of an individual based on characteristics about an individual, is unfortunately prevalent in many workplaces. However, not all discrimination is illegal. Discrimination is unlawful if it is about a characteristic that is protected by law.
As a worker in California, you are protected by the most extensive employment laws in the country. Some of the protected characteristics under California law include race, disability, gender, and age.
Think you have been a victim of unlawful workplace discrimination, harassment, or retaliation?
- Disparate impact is excluding members of a specific race or class from a particular job or promotion.
Disparate treatment is the intentional discrimination of an individual because of their race. This includes “jokes,” slurs, and other offensive behavior that creates a racially hostile work environment.
Protected Characteristics in California
In California, it is illegal to discriminate, harass, demote,based on:
- Race
- National origin/ancestry
- Religion
- Age
- Gender, gender identity, sex, and sexual orientation
- Physical Disability
- Mental Disability
- Medical Condition
- Pregnancy
- Genetic information
- Marital status/parental status
- Military or Veteran Status
- Criminal Conviction History
Your “national origin” generally refers to the country where someone was born. However, it can also include an individual’s ancestry, physical or linguistic characteristics, or cultural background. National origin discrimination is when an individual’s nationality or perceived nationality is the basis of discrimination of an employer putting their employee or group of employees at a disadvantage.
Common situations that constitute national origin discrimination include:
- Discrimination in recruitment, promotion, or payment based on a person’s national origin or cultural heritage
- Discriminating an individual because of their accent or physical characteristics associated with a specific nationality
- Taking action against an employee who solely identifies with a particular national group, regardless if they are a member of that group
- Adopting English-only rules when it is not essential to the employee’s job or safety.
What happens if your employer discriminates against you?
As an employee who is illegally discriminated against, employers are subject to civil damages and punishments under the protections of California’s anti-discrimination laws. If you are a victim of discrimination, you may receive:
- Compensation for emotional pain or suffering,
- Reinstatement in your job, or projected earnings if reinstatement isn’t feasible;
- Disciplinary damages to punish the employer for their wrongful conduct;
- Litigation expenses;
- Attorney fees;
- Quota lost from unfair firing, refusal to promote, or unequal pay;
- Compensation for the distress caused by the discrimination; and
- Backpay.
Are you a victim of discrimination at work?
If you believe you are a victim of discrimination within your workplace, you do not have to go through it alone. At W Employment Law, we specialize and are passionate about employment law. We are devoted to productively advocating for the rights of all employees across California. We believe that no one should face unlawful discrimination and harassment as everyone has the right to earn a living. W Employment Law firm has claimed millions of dollars litigating cases for employees all over California, only taking these cases on a contingency basis. Ultimately, you don’t pay anything out of pocket as our fees come out of the court verdict or final settlement after winning your cases. If you would like help evaluating your case and exploring your options, W Employment Law is here to help.
