Employees are protected from workplace discrimination based on their membership in a protected class or the presence of certain protected characteristics under both federal and state laws. This means employers are forbidden from making adverse decisions based on protected characteristics. You should not be fired, not promoted, paid disparately, not hired, or otherwise face negative treatment on the job based on a protected trait.
Discrimination can result in both economic and noneconomic losses, but fortunately, when certain requirements are met, redress can be obtained through a lawsuit. If you have been the victim of discrimination at work, speak to an experienced employment attorneys at Walton Law, APC to determine whether you are entitled to compensation for adverse actions that injured you or other remedies.
Legal Representation to Fight Prohibited Discriminatory Conduct
Employers are prohibited from negative employment actions based on protected traits. Adverse actions could include:
- Failure to hire,
- Failure to promote or provide a pay raise,
- Reduction in pay or benefits,
- Demotion,
- Termination from a job or being forced to quit a job,
- Unfavorable job assignment, duties, or transfer to an unfavorable location, job, or shift
- All other negative decisions which significantly affect the victim’s employment terms and conditions.
Do You Have a Trait Protected By Law?
In order to show you were discriminated against, we must be able to show you have a protected trait. Federal and state laws protect different traits, but in some cases there is overlap. Generally, employers cannot discriminate against you based on your race, national origin, sex, pregnancy, disability, and religion, among other traits. If you were fired based on your race, for example, this is actionable.
Similarly, if your employer refused to provide you with a reasonable accommodation for your disability or terminated you because you asked for an accommodation in good faith, you may have grounds to sue for compensation. You can recover compensatory, and in some cases, punitive, damages for workplace discrimination.
Your Employers Cannot Retaliate
You may be concerned about bringing a lawsuit or complaining about discrimination you have faced. However, both federal and state antidiscrimination laws prohibit retaliation, or punitive steps taken by employers to stop employees from exercising their rights and engaging in protected activities such as seeking redress for discrimination.
In some cases, our attorneys may not be able to establish that an underlying act taken against an employee was illegal discrimination based on a protected characteristic but can prove that there was retaliation against an employee who complained in good faith of discrimination for purposes of recovering damages.
Attorneys to Prove Discrimination
Even if an employer took negative employment action for both legal and prohibited reasons, if discrimination is shown to be a factor at all – no matter how small – the action may still be wrongful. Our lawyers can use both direct and indirect evidence to substantiate your discrimination claim Sometimes there is direct evidence, which involves admissions or discriminatory statements made by a supervisor or an employer.
More often, we must investigate to uncover indirect evidence, such as pretextual comments about why an employee was let go, a pattern of unfair or unequal treatment on the job, or suspicious circumstances.
Contact a Trustworthy Lawyer
If you were discriminated against on the job, or faced retaliation for speaking out about discriminatory behavior, you should know there is help.
By speaking with our experienced employment lawyers, you can ensure you don’t miss critical deadlines when filing administrative complaints or legal claims and dealing with government agencies like the DFEH and the EEOC.
Call us at (866) 338-7079 or complete our contact form to schedule your free, confidential initial case review.