Employee Rights
Employment Discrimination
Southern California Lawyers Fighting for Workers
When facing off with your employer in a discrimination lawsuit, you will not be on an even playing field. It is crucial that you retain an attorney to protect your interests. An unscrupulous employer and its legal team may try to exploit your unfamiliarity with state and federal laws to avoid paying you damages to which you are entitled. The Nourmand Law Firm has more than two decades of experience building compelling cases and gaining positive results in employment discrimination lawsuits. Our California employment discrimination lawyers are ready to fight for your rights.
Employment Discrimination
Employment discrimination occurs when an employee is confronted with an adverse employment action due to his or her membership in a protected class. Adverse employment actions can include termination, disparate pay, failure to hire, failure to promote, demotion, or denial of bonuses. Harassment is a form of employment discrimination.
Both federal and state laws prohibit employment discrimination. Federal anti-discrimination laws are largely enforced by the Equal Employment Opportunity Commission (EEOC). They include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). These laws cover mid-size and large employers with at least 15 employees. The primary California anti-discrimination law is the Fair Employment and Housing Act (FEHA), which applies to employers with at least five employees.
There are differences between these laws, and it is important to talk to an experienced employment discrimination attorney in California about your specific situation and which law is most likely to provide you with the most favorable results. In most cases, however, California law is more protective of workers.
The Fair Employment and Housing Act
FEHA prohibits job discrimination not only in hiring and firing but also with regard to job applications, advertisements, screening, interviews, compensation, participation in a union, and participation in training or apprenticeship programs. It applies to both public and private employers. Characteristics protected under FEHA include color, race, sex, gender, gender identity, pregnancy, sexual orientation, national origin, ancestry, creed, religion, mental or physical disability, medical condition, genetic information, military or veteran status, marital status, and age over 40.
If your employer took action against you because of a protected characteristic, you may be able to recover damages in a lawsuit brought under FEHA. For example, if your boss refused to promote you to management because you are Black, and he believes that you would not properly represent the company’s image, you may have a claim for employment discrimination. For another example, if your employer holds certain stereotypes about workers with cancer and does not provide you with a reasonable accommodation, such as a schedule shift, even though it would not pose an undue hardship for the employer, a California employment discrimination attorney can help you bring a claim under FEHA.
Damages
Federal law caps damages based on the size of the employer, but state law does not. If we can establish liability for employment discrimination under FEHA, we can recover back pay, front pay, out-of-pocket expenses, emotional distress, punitive damages, and attorneys’ fees and costs. Additionally, we may be able to ask the court to reinstate, rehire, or promote you. This would not be appropriate under certain circumstances, such as when the relationship with the employer has degraded such that working together would be unduly difficult. In addition to monetary damages, we may be able to get injunctive relief that prohibits the employer’s unlawful practice and requires training and policy changes. If you were denied reasonable accommodations for a disability or a religious practice due to employment discrimination, we may be able to require your employer to provide you with the reasonable accommodations.
Consult a Discrimination Attorney
Employment discrimination can have severe economic and emotional consequences. You should hold an employer that discriminated against you accountable. If you were harmed by discrimination in a California workplace, the employment discrimination lawyers at The Nourmand Law Firm may be able to help you. We provide personalized legal representation to workers in Los Angeles, San Bernardino, and Riverside Counties, as well as Oakland and Sacramento, among other areas. Complete our online form or call us at 310-553-3600.