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Discrimination definition in a book owned by a lawyer in Solana Beach, CA.

California workplace discrimination laws prohibit discrimination in the workplace. The Fair Employment and Housing Act (FEHA), in particular, prohibits discriminatory practices on the job and protects your right to work in an environment free from harassment.

In California, your employer cannot fire, fail to hire, or unlawfully discriminate against you because of your sexual orientation, age, disability, religion, marital status, and any number of other factors. Despite this fact, employers don’t always follow laws. In fact, institutional discrimination affects millions of Americans in the workplace, creating a toxic environment for all involved.

If you’ve faced discrimination in the workplace, the John W. Dalton Law Offices can help. John is an experienced, compassionate Solana Beach workplace discrimination lawyer who, for several decades, has secured large settlements and verdicts for clients. John prides himself on the trust he forges with clients and is here to help you receive the employment justice you deserve. Contact us today.

What Is Workplace Discrimination?

The FEHA makes it illegal for an employer to discriminate or harass an employee or prospective employee based on protected traits—such as gender—in the workplace. This is true from the hiring process throughout employment until termination. 

Several federal laws also ban workplace discrimination based on protected traits as well. Title VII of the Civil Right Act of 1964 prohibits discrimination based on race, color, age, religion, sex, sexual orientation, gender expression, disability, or national origin. The Age Discrimination in Employment Act (ADEA) prohibits age discrimination in the workplace. And the Americans with Disabilities Act as Amended (ADAAA) prohibits discrimination based on an individual’s disability.

Basically, an employer is allowed to take actions like choosing the best person for the specific job they are hiring for or giving a raise to whomever they consider the most qualified. But an employer cannot base their decisions on traits protected under the law.

Similarly, California and federal laws prohibit employers from retaliating against an employee who makes discrimination or harassment claims or who complains about prohibited treatment in the workplace.

Types of Unlawful Discrimination

Recognizing workplace discrimination isn’t always easy. However, specific red-flag actions, situations, behaviors, and conduct are important for all employees to be aware of. Treating an individual differently based on race, color, age, religion, sex, sexual orientation, gender expression, disability, or national origin is prohibited as discrimination based on a “protected class.” If any employment action is taken on the basis of a person’s protected class status, it is unlawful discrimination. Common examples of workplace discrimination based on protected class include

  • Choosing one job applicant over another qualified applicant;
  • Denying employees raises, promotions, or other benefits;
  • Excluding people during recruitment;
  • Paying two employees with equal qualifications different salaries;
  • Denying employees raises, promotions, or other benefits;
  • Discriminating in assigning promotions or laying employees off;
  • Refusing to furnish disabled employees with reasonable accommodations;
  • Discriminating when assigning medical leave, disability leave, or retirement plans; 
  • Refusing to hire or promote a person;
  • Imposing stricter rules on an employee;
  • Excluding someone from workplace meetings and opportunities;
  • Terminating an employee;
  • Discrimination of a pregnant employee; and
  • Any other adverse decisions that significantly affect an employee’s employment terms.

If any employment action is taken based on a person’s protected class status, there’s a very good chance that unlawful discrimination has occurred.  If you even suspect you have been discriminated against, please give the John W. Dalton Law Offices a call and tell what is happening.

How Do I File a Workplace Discrimination Complaint in California?

Before filing a job discrimination lawsuit in California, you must file a workplace discrimination claim with the California Department of Fair Employment and Housing (DFEH) or the EEOC.

California’s anti-discrimination laws apply to smaller employers who are not subject to federal law. If you work for a company that employs between 5 and 14 employees, file your claim with the DFEH.  If your organization has more than 14 employees, you can choose to file with either the DFEH or EEOC.  But before filing any complaint with the DFEH or EEOC, we strongly urge you to give the John W. Dalton Law Offices a call.  It is important a complaint to the DFEH or the EEOC is done correctly.  

Contact a Solana Beach Workplace Discrimination Lawyer

If you or a loved one are a victim of workplace discrimination, contact attorney John Dalton today. John is a Solana Beach workplace discrimination attorney who can walk you through the filing process and help you determine how to proceed. He will listen to your story and give you his honest opinion of your case. Your rights are important and deserve solid representation. We’re here to fight for you and help you attain the justice you deserve.

Our experienced lawyer also handles clients with other types of employment cases including wrongful discharge, unsettled overtime, and unsettled wages.

Contact our Solana Beach workplace discrimination attorney today for a free consultation.