Los Angeles Discrimination Lawyer

Los Angeles Workplace Discrimination Attorney

Protecting the Civil Rights of California Workers

Unfortunately, discrimination in the workplace is all too common. Companies and employers should be held accountable for their actions. At Hennig Kramer, our Los Angeles discrimination attorneys protect the legal rights and employment opportunities of workers throughout California. If you feel you are being discriminated against at work, reach out to a Los Angeles discrimination lawyer soon. They can help you figure out your next steps.

Federal and state laws protecting employment rights and prohibiting discrimination in California include:

• California’s Fair Employment and Housing Act (FEHA)
• Title VII of the Civil Rights Act of 1964
• Americans with Disability Act (ADA)
• Equal Pay Act

If you feel like you have been discriminated against, you are probably correct. Workplace discrimination is particularly insidious, as there are many subtle forms of discrimination. That doesn’t mean you are not experiencing discrimination.

You deserve to have someone on your side, protecting your rights and fighting back. Since 1995, our law firm has been working hard to protect workers throughout the Los Angeles and Southern California areas.

What to Do if You Have Faced Discrimination at Work in Los Angeles, CA

Do you believe your employer’s policies or actions are discriminatory? Have you been the victim of workplace harassment or wrongful termination based upon a protected characteristic? You may be entitled to compensation based on state or federal laws.

If you feel that your current employer is actively engaging in discrimination or harassment, document everything. You should also discuss your concerns with your human resources department. Then, contact our experienced discrimination attorneys in Los Angeles.

We can work with you to help you file your claim with the Equal Employment Opportunity Commission (EEOC). We can also help you file a lawsuit to pursue justice.

Types of Workplace Discrimination in Los Angeles, CA

California’s discrimination laws were written to provide better protection for employees than federal law. Discrimination can be as bold as firing someone for speaking Spanish. It can also be subtle as refusing to promote an older worker who may be nearing retirement.

Discrimination at work can come in the form of harassment. While we often think of harassment as being sexual in nature, it can take on many forms. Harassment can be described as insults and gestures that communicate hostility towards someone based on their membership in a protected class.

What Is a Protected Class?

California anti-discrimination laws are in place to ensure that employers cannot terminate or demote certain groups of people based on shared characteristics. Those characteristics help those people fall under the category of “protected class.” Here are some of the many different types of protected classes that are illegal to target discriminately under California law:

• Race/Color
• Religion/Creed
• National origin/Ancestry
• Physical or Mental Disability or Medical Condition
• Genetic Information
• Marital status
• Sex/Gender (including pregnancy, childbirth, breastfeeding, or related medical conditions)
• Gender Identity or Expression
• Age (over 40)
• Military or Veteran Status
• Sexual orientation

Hennig Kramer LLP can handle any discrimination case, including employers discriminating based on:

• Age: The law protects people over the age of 40 and makes many types of negative treatment of that person because of their age unlawful. Employers cannot subject an employee to negative treatment due to their age. They also cannot pass over employees for promotions and other benefits purely due to an employee’s age.
• Race, ethnicity or national origin: A person’s race or ethnicity is a characteristic that they can neither choose nor change. Our firm’s attorneys have worked extensively to defend the rights of racial and ethnic minorities. A person’s national origin deals primarily with a person’s country of origin or that of their ancestors.
• Sexual orientation: A person’s sexual orientation (heterosexual, bisexual, homosexual, asexual, etc.) is protected under California law. Our firm is particularly committed to protecting the rights of LGBT employees. We want to ensure they are able to work in an environment where their sexual orientation is a nonissue.
• Gender identity: A person’s sex or gender is simply a person’s gender identity or orientation (man, woman or transgender) or biological sex (male, female, transgender or intersex). The attorneys in our firm have handled dozens of cases involving sex and gender harassment and discrimination, including sexual orientation.
• Pregnancy or family leave: Federal laws along with similar state laws of California prohibit both private and government employers from engaging in pregnancy discrimination in regards to the hiring, compensation, promotion or termination of employees. California laws are among the most generous in the entire nation. Pregnant employees can “take leave for a reasonable period of time, not to exceed four months” after the birth of the child.
• Disability or medical conditions: Disability in California encompasses a broader spectrum of medical conditions than we traditionally think of when we think of disabilities. Under California law, a disability includes any medical condition that impairs a major life activity. This includes the ability of an employee to work.
• Religion or profession of no faith: A person’s religion is one of the most fundamental aspects of their identity. The law protects a person’s religious beliefs and practices from undue or unwarranted interference by their employer.
• Retaliation against whistleblowers: When an employer penalizes an employee for engaging in a legally protected activity, the employer can be held liable for retaliation.

Discrimination Types Continued

We have also represented clients in all types of harassment cases, including those based on:

• Sexual harassment, including sexual comments, offensive gestures, physical contact, or requests for sexual favors in exchange for benefits
• Racial slurs, epithets, and stereotypes
• Negative remarks and insults based on protected characteristics
• Offensive comments made about people with disabilities

How Can I Prove Workplace Discrimination?

To pursue a case for workplace discrimination, you must first prove that you are being discriminated against. Like any investigation, you must first gather evidence. You will have to prove, through documentation, that discrimination is happening. Here are some of the various parts of your claim you may need to prove to pursue your case:

• You have been discriminated against unfairly due to your protected class – Protected characteristics such as age, skin color, race, sexual orientation, and religion are attributes that employers cannot discriminate against without expecting legal retaliation. For example, if you were terminated solely based on the fact that you are African American, you are being discriminated against because of your race or skin color.
• You are good at your job – If you were terminated due to discrimination, the most likely argument your employers will make to justify their actions is that you were bad at your job. It is not always easy to prove your job performance. Try to document your track record at your job. Obtain witness statements on your performance. A consistently good performance can win over a judge and prove you were fired for illegal reasons.
• Your job has been negatively affected by discrimination – If you can prove that you were passed over for a promotion or a raise despite your obvious qualifications, you may have a discrimination case. Showing that your job was lessened by the lack of a raise, the lack of a bonus, a bad performance review, a sudden discharge, or a demotion can show a pattern of discriminatory action towards you by your employer.
• Decisions made against you were not made objectively – Using the company rules regarding job performance and praise, you can prove that any negativity aimed at you specifically was not objective. Try to uncover contradictions your superiors have made in the past about your performance. If you were praised at one point for something and were later faulted for the same thing, this can help prove your discrimination case.
• There is a pattern of discriminatory behavior – Compare your job performance to other employees who are outside of your protected class. Obtain proof that employees of similar qualifications are being treated better than you are.
• Go on record claiming discrimination – Write a letter to your superior listing your accomplishments at your company and describe why you believe you are being discriminated against. Lodge an official complaint for discrimination with your company’s HR department and/or report your company to the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD), which can investigate your workplace to uncover discriminatory practices.

Legal Steps to File a Workplace Discrimination Claim

If you are going to pursue a workplace discrimination suit in California, here are some additional steps you can take to ensure things work out wholly in your favor:

1. Consult with a discrimination lawyer: Getting the opinion of an experienced workplace discrimination attorney is a good first step, as they can go through everything you have compiled and determine whether or not you have a case worth pursuing.
2. File your complaint officially: If you have not done so already, lodge your formal complaint with your company’s HR department. Then, you should file the complaint with the California Civil Rights Department (CRD), which is a state agency that handles discrimination, and the Equal Employment Opportunity Commission (EEOC), which is federal. You have three years from the date of the last discrimination incident to file an inquiry with the CRD.
3. File your suit: Once the CRD and EEOC have signed off on their investigations, your attorney can go ahead and file your case in a California court. Your employer will provide a formal response, and the suit will proceed from there.

Los Angeles Workplace Discrimination FAQs

Q: What Qualifies as Discrimination?

A: Discrimination in the workplace occurs whenever someone is mistreated, passed over, terminated, or treated less favorably due to a person’s protected class in ways that materially affect their workplace.

This can mean not getting a raise or a bonus, receiving a poor performance review, being demoted, or being harassed, among other inappropriate workplace behaviors. If you believe you are being discriminated against in the workplace, you should speak to a discrimination lawyer to start building a valid case.

Q: What Constitutes Discrimination in California?

A: Discrimination can mean many different things in California. Some actions that are considered discrimination based on protected characteristics include:

• A hostile work environment
• Failure to promote someone
• Denial of raises, commissions, or bonuses
• Denial of requested transfers
• Unequal pay or opportunities
• Refusing to allow reasonable modifications for someone’s job to accommodate a disability
• Sexual harassment.

Q: What Are Some Things That an Employer Cannot Discriminate Against?

A: California’s anti-discrimination laws are very strict and serve to protect employees from any sort of workplace discrimination based upon protected characteristics, or subsequent retaliation.

In California, it is illegal to discriminate against any employee based on their age, race/color, religion/creed, disability/medical condition, genetic information, national origin/ancestry, sex or gender, gender identity or expression, sexual orientation, pregnancy status, marital status, or military status, among other protected classes.

Contact Our Workplace Discrimination Law Firm Today

There are many types of discrimination in the workplace. It is important to speak with an attorney well-versed in all aspects of California discrimination law.

The attorneys at Hennig Kramer LLP, are prepared to guide you through the process and give you the help you need to fight against workplace discrimination. Contact us today to schedule a consultation.