Employment Discrimination
Lawyer

Employment Discrimination Lawyer

Workplace discrimination is a serious problem in the United States. According to a study by the National Bureau of Economic Research, applicants who have white-sounding names are 50% more likely to get called back for a job interview compared to those who do not have a white-sounding last name.

There are state, federal, and local city laws that address workplace discrimination. Despite all these different laws and statutes in place, many employers still choose not to follow these rules and discriminate against their employees. 

Our California and Nevada employment lawyers work to make sure that no one’s rights are being taken away or discriminated against. If you or a loved one feel as though you have been discriminated against at work, contact our attorneys immediately for a free case consultation. There are several different types of compensation you could receive, including lost wages.

What is Workplace Discrimination?

It is important to note that an employee’s discrimination rights are attached as soon as the employee is hired. The common misconception is that workplace discrimination occurs once the employee is on the job and hired. But workplace discrimination could occur even during the interview process prior to accepting the employee. For example, an employer cannot offer a job to someone based on their specific characteristics. Further, an employer cannot retaliate against an employee who files a discrimination or harassment claim against them.

What Are Examples of Workplace Discrimination?

Workplace discrimination can present itself in many ways. Below is a list of examples that could constitute a claim for workplace discrimination:

• Being demoted, having pay reduced, or job benefits lessened
• Being assigned to an unfavorable job assignment
• Being denied a promotion, career advancement, or pay increase
• Not being hired
• Being terminated or forced to quit

Workplace Discrimination Laws in California

California has been very liberal in granting rights to employees. There are several different statutes that protect employees from being discriminated against. The most common ones include:

• Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination based on race, color, religion, sex, gender identity, sexual orientation, marital status, national origin, ancestry, age, disability, medical condition, or genetic information. 
• California Family Rights Act (CFRA): CFRA requires employers who have 50 or more employees to provide employees with up to 12 weeks of unpaid leave per year for family or medical reasons. 
• Pregnancy Disability Leave (PDL): This leave requires employers with 5 or more employees to provide employees with up to four months of unpaid leave per pregnancy for any disability related to pregnancy. 
• California Equal Pay Act: The California Equal Pay Act requires employers to pay employees of different genders the same wages. 
• Whistleblower Protection: Whistleblowers are protected from retaliation in California.

Workplace Discrimination Laws in Nevada

The most common workplace discrimination laws include:

• Nevada Fair Employment Practices Act prohibits discrimination at the workplace based on race, religion, color, sex, sexual orientation, gender identity, age, national origin, and disability.
• Nevada Minimum Wage Law: The Nevada Minimum Wage Law sets a minimum wage that applies to all employers in Nevada and requires all employees to get paid a minimum amount.
• Nevada Domestic Violence Leave Act (NDVLA): The NDVLA requires employers with 50 or more employees to provide employees with up to 160 hours of leave if they or their family members have been a victim of domestic violence.

Federal Workplace Discrimination Laws

There are also several federal workplace statutes in place that protect employees from getting discriminated against at the workplace. Some examples include: 

• Title VII of the Civil Rights Act of 1964 prohibits discrimination based on color, age, religion, sex, disability, national origin, and race. 

• The federal Age Discrimination in Employment Act protects those from being discriminated against based on their age. 
• The Americans with Disabilities Act, as amended, protects those employees from being discriminated against based on their disability.

What are the differences between discrimination and harassment?

Workplace harassment and discrimination are similar in many ways, but the key difference is that discrimination is targeted at someone who is a member of a protected class, whereas harassment can happen to any employee regardless of membership in a protected class.

What are the Different Types of Workplace Discrimination?

There are many different types of characteristics that are protected under state, federal, and local laws. One of the most common types of workplace discrimination our attorneys have handled include, but are not limited to:

• Disability Discrimination: it is illegal to discriminate against a worker because of their disability, this includes both mental and physical disabilities. This is one of the most common types of discrimination in the workplace. When an employer treats a disabled employee worse or unfairly compared to non-disabled employees, this is a strong sign that workplace discrimination may be occurring and it would be a good idea to seek legal counsel on the matter.
• Age Discrimination:  it is illegal to discriminate against the employee based on their age. Under the Age Discrimination in Employment Act (ADEA), all employees over the age of 40 are offered this type of protection.
• Gender or Sexual Orientation Discrimination: an employer is prohibited from discriminating against an employee because of their gender.
• Pregnancy Discrimination: an employer cannot discriminate against an employee was pregnant, has given birth, or is going on medical leave. This is also outlined under the Pregnancy Discrimination Act.
• Religion Discrimination: an employer is prohibited from discriminating against those who hold religious beliefs that may be different from others, or do not hold any religious beliefs at all.
• Marital Status Discrimination: An employer cannot treat an employee unfairly simply because they are or are not married.
• Race and National Origin Discrimination: It’s unlawful for an employer to treat an employee unfairly because of their perceived skin color, ancestry, or race.

If you have suffered discrimination of any one of the categories above, contact our attorneys immediately to discuss your claims. If you have suffered another type of discrimination, reach out to us to determine what type of discrimination you may have suffered.

How Do Our Attorneys Prove Workplace Discrimination?

There are certain elements that must be met in order to prove workplace discrimination. Employers will most likely fail to admit that there was any discriminatory motive in their actions. There are two different types of evidence we use to prove workplace discrimination. This includes:

• Indirect evidence: this type of evidence is used to show that the employer’s reason for treating the employee negatively is not true. For example, if the employee claims that they do not discriminate against the employee based on age, but there’s evidence that all the other employees working in the company are young and under the age of 35, you may have a claim for workplace age discrimination. Our experienced workplace discrimination attorneys work to show that there has been a pattern of discrimination with the employer.
• Direct evidence: this type of evidence are words or statements that have specifically come from the employer’s mouth. For example, this includes discriminatory emails that have been sent specifically to the employee or other employees.