Discrimination happens any time an employer treats an individual employee poorly based on that employee’s belonging to a protected class.  This means treating anyone unjustly based on their disability, gender, religion, race, national origin, ethnicity, sexual orientation or age. 

What are examples of workplace discrimination in Irvine?

Workplace discrimination can take place in several different ways. Victims of discrimination all experience different types of discrimination at work. It includes, but is not limited to:

  • Physical violence: this includes assault and/or battery
  • Sexual assault: this includes pregnancy discrimination, requests for sexual favors, unwanted physical contact, and even making sexual jokes or commenting repeatedly on someone’s appearance
  • Threats
  • Reducing an employee’s hours
  • Reducing an employee’s pay
  • Wrongfully terminating an employee based on their identity
  • Failing to include the employee in work meetings
  • Denying the employee’s the right to go on family medical leave
  • Treating the employee differently than other employees based on their identity

How do you prove age discrimination?

Age discrimination include, for example, not hiring a person in their 50s for a social media-related position under the assumption that they would know less about the platforms than a younger person. Or, alternately, denying someone in their 20s a position under the assumption that they “don’t have the maturity of someone older.”

How do you prove racial discrimination?

Racial discrimination occurs when the employer makes jokes, harasses the employee, or uses racial slurs that create an uncomfortable work environment.  For example, if the employer fails to promote or hire an individual because that person belongs to a specific racial group, the employer could be held responsible for workplace discrimination.

How do you prove gender discrimination?

Gender discrimination has very specific scenarios. The most common scenario in the workplace occurs when an employer fails to provide promotion opportunities for a female because they are pregnant or caring for a young child, or are planning to be.

How do you prove disability discrimination?

The most common incident involving disability discrimination is when the disabled employee is denied adequate reasonable accommodations simply because of their disabled status. This includes both physical and mental disabilities.

How do you establish workplace discrimination in Irvine?

To demonstrate discrimination, having a documented paper trail illustrating the discriminatory intent of the employer, supervisor, or manager is beneficial. For instance, our attorneys typically examine various records, including:

  • Employee’s personnel files
  • Performance evaluations
  • Coworkers’ feedback
  • Salary records
  • Work hours logged
  • Correspondence, such as emails and texts
  • Meeting minutes and notes

What steps should I take if I’ve encountered workplace discrimination in Irvine?

Prompt action is crucial in holding your employer accountable for discriminatory practices. Failure to act swiftly may result in forfeiting your right to file a lawsuit or claim. Consider the following:

  • Report the discrimination internally to your human resources department. Often, discrimination issues are resolved internally, with employees potentially reaching settlements with their employers without resorting to litigation.
  • Maintain comprehensive records documenting the discriminatory incident and any witnesses who can corroborate your claims.
  • Seek medical assistance if you’ve suffered physical harm. Workplace-related sexual assault driven by discriminatory motives is unfortunately common, and medical expenses incurred are recoverable.
  • Reach out to a reputable Irvine workplace attorney for guidance. Employers may attempt to pressure unrepresented employees into signing settlement agreements without fully disclosing their rights.
  • Seek psychological support if you’ve endured traumatic experiences due to your employer’s discriminatory practices. Anxiety and post-traumatic stress disorder (PTSD) are frequent forms of emotional distress experienced by employees.

Do your attorneys offer case evaluations?

Our attorneys provide complimentary, risk-free one-on-one case consultations. Led by our legal team, these consultations thoroughly assess the circumstances surrounding potential discrimination incidents. We address any questions or concerns you may have and evaluate the situation to determine if we can represent you effectively.

Why should I file a discrimination complaint?

Regrettably, many employees refrain from reporting discrimination out of fear of potential employer retaliation. Consequently, numerous discrimination victims remain silent. However, filing a complaint or lawsuit for discrimination is a means of seeking the justice you deserve and holding accountable those responsible for their unlawful actions. Additionally, you may be experiencing financial hardships due to your employer’s misconduct, and you’re entitled to compensation. Contact us for a confidential one-on-one consultation.

Why should you hire our Irvine discrimination attorneys?

  • Our experienced legal team is dedicated to getting the help you need. 
  • Our top-rated attorneys have decades of experience representing clients who have been through traumatic experiences such as discrimination by their employers.
  • We have handled all types of mediations, settlements, and trials when it comes to many different problems or accidents in the workplace. 
  • We offer one-on-one consultations, which are completely risk-free.
  • Our award-winning Irvine attorneys will negotiate with insurance companies on your behalf to make sure that you get the help you need. 

What laws protect me from discrimination in the workplace?

Irvine, California follows several laws, both on the federal level and on the state level. Below are some examples:

  • Americans With Disabilities Act Of 1990
  • California Fair Employment And Housing Act
  • California Family And Medical Leave Act
  • California Family Rights Act
  • New Parents Leave Act
  • Age Discrimination And Employment Act Of 1967
  • Civil Rights Act Of 1964 

The above laws guarantee that employees should not be discriminated against, and in the event they are, get the justice they need. 

What Kind Of Compensation Can I Receive?

In cases of workplace discrimination in Irvine, California, the compensation you may receive can vary widely based on the specifics of your case, including the severity of the discrimination and its impact on your professional and personal life. Here are several types of compensation that might be available to you if your workplace discrimination claim is successful:

  1. Back Pay: This includes wages, salary, and other benefits you would have earned from the date of the discriminatory act to the resolution of your claim.
  2. Front Pay: Compensation for the loss of future earnings resulting from the discrimination, particularly if reinstatement isn’t feasible or if the discriminatory acts have severely impacted your career prospects.
  3. Emotional Distress Damages: These are awarded to compensate for psychological impact such as stress, anxiety, and humiliation stemming from discrimination at the workplace.
  4. Punitive Damages: In cases where the employer’s conduct is found to be especially malicious or reckless, punitive damages may be awarded as a way to punish the employer and deter future misconduct.
  5. Attorney’s Fees and Legal Costs: Often, the court may order the employer to pay for the legal expenses incurred by the victim in pursuing the discrimination claim.
  6. Job Reinstatement: If desired by the victim, the court can also order that the employee be reinstated to their former position or an equivalent position.
  7. Changes in Workplace Policies: In addition to financial compensation, a claim may result in orders for the employer to implement or revise anti-discrimination policies and training to prevent future incidents.

Each case is unique, so it’s important to consult with a knowledgeable employment law attorney at a firm like Heidari Law to understand what specific compensation might be applicable in your situation. They can provide a more detailed and personalized assessment based on the facts of your case.

Common Asked Irvine Workplace Discrimination Questions

What qualifies as workplace discrimination in Irvine, California?

Workplace discrimination occurs when an employee is treated unfavorably due to their race, color, national origin, gender, disability, religion, or age. At Heidari Law, our attorneys can help determine if your experience qualifies under state or federal laws, including the Fair Employment and Housing Act (FEHA) and the Equal Employment Opportunity Commission (EEOC) guidelines.

How do I know if I have a valid discrimination claim?

A valid discrimination claim must show that you were treated differently from others in similar situations based on a protected characteristic. The team at Heidari Law can review the specifics of your case, including any communications and the actions of your employer, to assess the strength of your claim.

What should I do if I experience discrimination at work?

If you believe you are being discriminated against at work, it is important to document all relevant interactions and decisions that you believe are discriminatory. You should also report the behavior to your HR department if possible. Contacting a specialized attorney at Heidari Law can provide guidance on how to proceed legally while protecting your rights.

Can Heidari Law help with discrimination against independent contractors?

Yes, while independent contractors are not covered by all the same laws as employees, there are still legal protections against discrimination. Heidari Law can help determine whether you have been discriminated against and what legal options are available based on the specifics of your contract and the circumstances.

What are the possible outcomes of a discrimination lawsuit?

Outcomes of a discrimination lawsuit can include compensation for lost wages, job reinstatement, damages for pain and suffering, and changes in workplace policies. At Heidari Law, our goal is to ensure that any resolution addresses both the compensation for damages and corrective actions to prevent future discrimination.

How long do I have to file a discrimination claim in California?

In California, you generally have up to three years to file a discrimination claim under the FEHA. However, specific time limits can vary depending on the details of your case, so consulting with an attorney at Heidari Law promptly can ensure you meet all critical deadlines.

Does it matter how big my company is when filing a discrimination claim?

The size of your company can affect certain legal strategies and the applicability of some laws. For instance, some state and federal laws apply only to employers with a minimum number of employees. Heidari Law can advise you on the best approach based on your workplace’s size and structure.

What can I expect during the legal process of a discrimination claim?

The legal process for a discrimination claim typically involves filing a formal complaint, possibly negotiating a settlement, and potentially going to trial. Throughout this process, Heidari Law will work to gather evidence, represent your interests in court or in negotiations, and keep you informed every step of the way.

Can I be fired for filing a discrimination complaint?

It is illegal for employers to retaliate against you for filing a discrimination complaint or participating in an investigation. If you experience retaliation, Heidari Law can help you take additional legal action to protect your rights and your career.

How much will it cost to hire Heidari Law for a workplace discrimination case?

Heidari Law typically handles workplace discrimination cases on a contingency fee basis, meaning you do not pay unless we win your case. During your initial consultation, we will discuss all fees and costs associated with your specific situation, ensuring transparency throughout our partnership.

    Irvine Discrimination Lawyer

    Hold your employer responsible today. Make sure that you, and your coworkers, are treated with the respect you deserve.

    Discrimination is illegal in the workplace. Making wo

    When an employee falls under certain characteristics, they are protected and have the right to hold the employer responsible for damages. Damages include monetary compensation. 

    Call our top-rated Irvine employment attorneys today to see how you could hold your employer responsible.

    Our team has many decades of experience dealing with employment claims and lawsuits to make sure that our clients get the help they need. Discriminatory incidents could be very traumatic, not only for the employee but could also take a toll on the employee’s family from the loss of income.

    Our attorneys will fight for you to make sure that you get the justice you need. Give us a call today to set up your one-on-one consultation.