Written by: John Dalton
| Read Time: 4 minutes

Can I sue my employer for discrimination? This is a question many workers in California ask when they face unfair treatment at work. You are not alone. California’s Department of Fair Employment and Housing (DFEH) receives almost 5,000 workplace discrimination complaints each year from California workers. Under California’s Fair Employment and Housing Act, employees who experience discrimination have a right to sue their employers for the wrongful treatment they may have suffered. If you have been a victim of this kind of workplace abuse, do not hesitate to contact us. We can explain how to sue your employer for discrimination and collect the damages you may be entitled to.

John W. Dalton is an attorney who has been fighting for victims of sex and gender discrimination and harassment for over 25 years. John’s Southern California-based law practice has long been focused on helping employees answer the question, When can I sue my employer for discrimination? When John sues employers who discriminate, he zealously fights for the results his clients deserve..

In this blog post, our legal team will explain how to sue an employer for discrimination and what to look out for when pursuing an employment discrimination case against your employer.

What Is Workplace Discrimination?

Protected Classes of Employees

Employment discrimination happens when an employee, or potential employee, is treated differently than others within the firm because of certain protected characteristics. These protected characteristics may include:

  • Age;
  • Race;
  • Ethnicity;
  • Sexual Orientation;
  • Gender or gender identity;
  • Pregnancy,
  • Religious beliefs; and
  • Disability, including temporary conditions like pregnancy.

This is not an exhaustive list of protected characteristics (also called “protected classes”). Employers cannot use these factors to discriminate against you when setting compensation, employment terms, employment conditions, or any privileges of employment. Employers must also provide reasonable accommodations for religious needs and known mental or physical disabilities.

Suppose you believe that you are being denied benefits, privileges, or appropriate accommodations at work or are otherwise being treated differently because of a protected characteristic. In that case, you may be asking, How do I sue my employer for discrimination? Speak with us as soon as possible to learn more. 

Failure to Hire

Employment discrimination typically occurs when a person is already working for a company. However, it can also occur when a person is still seeking employment. One example of this is when a person is not hired because they are of a specific religion, like a Muslim woman who applies for a job but is rejected because she chooses to wear a hijab. It might also happen because a candidate for employment is rejected because they attend a historically Black college or university (HBCU). In these circumstances, the candidates were likely rejected because of their race or religion.

California and the federal government have laws prohibiting private and government employers from discriminating against people in hiring practices. Treating employees differently based on attributes unrelated to their job performance is also illegal. If you think you have been passed over for a job opportunity because of your race, age, ethnicity, gender presentation, or any other protected characteristic, contact an employment discrimination lawyer today. 

How Can You Prove Workplace Discrimination?

There are many ways to prove employment discrimination. Each case has unique circumstances that require its strategy. The level of proof you can obtain in your case may also determine how much you can sue your employer for discrimination. Evidence to support your employment discrimination case can come in documents, digital, testimony, and physical evidence. Types of documentation that your employment lawyer may collect to support your case can include:

  • Human resources files;
  • Employment evaluations and employee review;
  • Emails, texts, and other employment-related communications;
  • Schedules or calendars;
  • Employee manuals and job descriptions;
  • Internal memoranda;
  • Journals, diaries, and personal documentation; and
  • Documents outlining industry standards.

If you think you have suffered discrimination, consider whether you have any of the listed materials handy. Contact us, and we may ask for other information when discussing the facts and circumstances of your specific case. Having ample evidence to support your discrimination claim will make it much easier to maximize your recovery.

How Do I File a Workplace Discrimination Complaint?

Employees who believe they have been discriminated against at work should speak with us about pursuing legal action. The first step in filing a workplace discrimination lawsuit is to file a complaint with any manager or supervisor at your workplace or your company’s human resources department. If your company does not address your concern internally (or it is too difficult for you to do so), you may then want to file a complaint directly with a government agency. 

Filing a discrimination claim against your employer can be completed in several ways. The EEOC allows a “Charge of Discrimination” claim to be filed electronically at their online portal or in person at a local EEOC office. You can also file your complaint with the California DFEH. Remember, it is strongly recommended you contact attorney John Dalton so that he can help you with the process. We recommend you do not try to do this on your one.  With an experienced employment discrimination lawyer by your side, you can feel confident.

How the Law Office of John W. Dalton Can Help

Working with the right California employment lawyer can make a world of difference in the success of your employment discrimination claim. John Dalton has spent his entire career fighting for victims of employment discrimination. He can fight for you too. John does not tolerate bullies, and he has the strategic plans and legal acumen to put you on the same playing field as the largest corporations and employers. When you are vulnerable after being discriminated against, John is accessible and will listen when you have something to say.

Contact Us

Contact the Law Office of John W. Dalton today for a free case evaluation.

    “I highly respect John and his dedication and integrity. You will not be disappointed.” John Dalton went to work for me and delivered great results. I wasn’t sure what to do and when I found John, he explained everything nicely and he was able to get me the settlement I truly deserved. He was easy to work with and I always felt like I was kept in the loop - it was really fantastic service all around. - Steve K.
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