Culver City Employment Discrimination Lawyer

Culver City Employment Discrimination Attorney

A majority of Californians are employed, making a significant portion of the populous exposed to potential workplace discrimination. Every Culver City, CA employee deserves a workplace that does not discriminate against them. Both the federal and state governments recognized this and have implemented laws that protect employees, especially employees that fall into protected classes. Fortunately for Californians, the state has some of the most expansive legal protections available, most often offering more protection than federal laws. Any person can be a victim of discrimination, but understanding how to proceed once you have been impacted can be difficult.

Working with a skilled Culver City employment attorney is the most effective way to proceed with a discrimination case. They can help you determine if you have been discriminated against, the potential outcomes of filing a case, and what damages you may be entitled to receive. The Law Offices of Miguel S. Ramirez focuses on employment law, resulting in a team that is deeply familiar with discrimination laws and methods for building a successful case.

Defining Workplace Discrimination

Discrimination typically means unfair or unequal treatment based on certain personal characteristics. Although it may cause an unpleasant workplace, discrimination is not always unlawful. For example, a manager promoting a friend instead of a more qualified individual is not illegal. Instead, unlawful discrimination occurs when an employer refuses to hire, demotes, fires, or otherwise treats an employee unfairly because of a characteristic protected by law. Under California law, the protected classes under California’s Department of Fair Employment and Housing (DFEH) are:

• Race or color
• National origin
• Ancestry
• Sex/gender
• Sexual orientation
• Gender expression or identity
• Marital status
• Religion
• Military or veteran status
• Genetic information
• Disability, both mental and physical
• Age, if over 40
• Request for family care leave, leave for an employee’s own serious health condition, or pregnancy disability leave
• Retaliation for reporting patient abuse within tax-supported institutions

In Culver City, CA, any signs of discrimination throughout the entirety of the employment process, including the hiring phase, based on any of the above characteristics is illegal and may give you grounds to bring a workplace discrimination claim. A workplace discrimination attorney can help you determine if you have a case and what evidence should be included to most effectively support your claim.

Proving a Discrimination Claim

If an employee was discriminated against based on both legal and illegal reasons, the behavior may still be considered wrongful under the law. Since employers are unlikely to admit to any illegal reasons behind the negative employment action, employees must collect evidence to support their discrimination claim. There are two types of evidence that can be gathered:

• Direct Evidence
  Any discriminatory statements that were made by the supervisor or employer are considered direct evidence. This can include spoken statements as well as written statements, such as in an email or text message. Witness statements of discriminatory actions are also direct evidence.
• Indirect
  There are many forms of indirect evidence, but this type of evidence can be used to infer discriminatory intent. Showing a pattern of negative treatment that other workers sharing the same protected characteristics also experience is one type of indirect evidence. Another involves statements that do not make sense at face value, such as an employer claiming that an employee was fired due to too little work, but hiring other employees shortly before or after the termination.

Although you may not be sure if you have enough evidence for a discrimination claim, it is typically beneficial to have an employment lawyer look over your case. They may believe that you have a case with your existing evidence and may also be able to find more evidence once they examine the case more deeply.

FAQs About Culver City, CA Employment Discrimination Laws

How Do I File a Workplace Discrimination Claim?

The process for filing a workplace discrimination claim depends on whether you file on a federal or state level. You will file with the Equal Employment Opportunity Act (EEOC) on a federal level and the DFEH on a state level. Most Californians choose to file with the DFEH because it offers more protection. Once the complaint has been filed, the DFEH will conduct an investigation and issue a right-to-sue letter if it does not pursue litigation itself.

Should I Speak With HR or a Supervisor Before Filing a Workplace Discrimination Claim?

Your employer has a responsibility to prevent discrimination in the workplace once they are aware of the issue. To prove workplace discrimination, you must be able to show that your employer knew of the discrimination and took no or insufficient action to prevent it. The most efficient way to accomplish this is to speak with HR or your employer, then follow that conversation with an email outlining everything that was discussed.

What Is Considered Retaliation in the Workplace?

An employer engages in retaliatory behavior when they punish an employee for taking action that is protected by law, such as filing a workplace discrimination claim with the DFEH. To prove retaliation, the employee must be able to show that they engaged in protected conduct and then suffered an adverse reaction, such as suspension or termination, from their employer that was due to the protected behavior.

What Behavior Can Be Considered Workplace Discrimination?

Many different types of actions can be considered discrimination, as long as the conduct is negative and is based on one of the protected classifications. Examples include:

• Demotion
• Termination
• Decrease in pay or benefits
• Unfavorable job assignment or transfer
• Denial of advancement
• Refusal to hire

Because many types of actions can be considered discriminatory, having an attorney evaluate your case can help you determine if it fits the legal definition and your options moving forward.