California Workplace Discrimination Lawyers
California Workplace Discrimination Lawyers
•Fighting For Those Who Have Experienced Discrimination in the Workplace in California
If you have faced any kind of workplace discrimination, McDonald Trial Lawyers is here to fight for you. Our attorneys have a wealth of experience representing workers in California. We are dedicated to helping everyday people get the justice they deserve. Let us know how we can serve you. We offer free consultations, which we can conduct in person, over the phone, or online.
Call (415) 531-0421 today to get started with our San Francisco, East Bay or Los Angeles workplace discrimination attorneys. We proudly represent clients throughout the state of California.
California Protected Classes
California law prohibits discrimination that targets those in “protected classes.” These classes include:
•Race
•National origin
•Sex
•Gender identity and expression
•Sexuality
•Faith
•Age
•Disability status
•Veteran or military status
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WHAT DOES WORKPLACE DISCRIMINATION LOOK LIKE?
At McDonald Trial Lawyers, we know workplace discrimination looks different from case to case. The acts and their outcomes are as unique as the individuals and organizations involved.
However, discriminatory actions fall under a few general categories:
Unequal treatment: Discrimination may look like failing to hire, promote, assign jobs to, properly train, or give benefits to someone because of a protected characteristic. It may also look like disciplining someone for the same reasons.
Harassment: Workplace harassment involves unwelcome conduct based on protected characteristics, such as telling offensive jokes, saying derogatory comments, or making unwanted advances.
Failure to make reasonable accommodations: In most circumstances, employers must make reasonable accommodations for employees with disabilities or religious beliefs. Not doing so can be discrimination.
Implicit bias: Workplace discrimination is sometimes subtle. Unconscious or implicit biases can lead employers to make decisions or judgments based on stereotypes or prejudices linked to protected characteristics.
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What Should You Do If You Face Discrimination?
Facing discrimination can be emotionally difficult, evoking feelings of sadness, anger, and uncertainty, among many others. It is important to remember that you can take action and hold people and organizations accountable for their unfair treatment.
If you have faced discrimination at your job, taking these steps could be beneficial:
Document the incident(s): Keep a record of what happened to you. Be sure this record includes the date and time of the incident(s), as well as who witnessed it.
Report the discrimination internally: Follow your company’s protocol for reporting discrimination. If you are unsure what this entails, contact your human resources department or manager for assistance. Once you make a formal report, obtain a copy for your records.
Consult an attorney: Our discrimination attorneys are always prepared to assist workers who have experienced discrimination. We can assess your situation, explain the applicable laws, and take steps toward seeking justice.
File a discrimination complaint: If your employer does an inadequate job at remedying the situation, you may file a complaint with California’s Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Explore alternative dispute resolution (ADR): You may be able to settle your case through negotiations or mediation. These will happen outside court and can expedite your case’s resolution. During ADR, it is still advantageous to have an attorney.
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What Proof Do I Need in a Workplace Discrimination Case?
To successfully pursue a workplace discrimination case, you must present compelling evidence. This typically includes:
Direct Evidence
Direct evidence is the most straightforward type of proof and includes explicit statements or actions that demonstrate discriminatory intent. This could be derogatory remarks, emails, or texts that clearly show bias based on race, gender, age, disability, religion, or other protected characteristics.
Circumstantial Evidence
Circumstantial evidence requires showing a pattern or practice of discrimination. This might include:
- Disparities in treatment between you and other employees in similar positions.
- Statistical evidence indicating a pattern of discrimination within the company.
- Witness testimonies from colleagues who have observed discriminatory practices.
Documentation
Keep detailed records of any incidents that suggest discrimination. This includes:
- Performance reviews, particularly if they show a sudden and unjustified decline.
- Copies of complaints filed with your employer's HR department and any responses received.
- Journals or logs documenting instances of discriminatory behavior and your responses.
Comparator Evidence
Showing that similarly situated employees who do not share your protected characteristics were treated more favorably can be powerful evidence. This requires detailed information about the comparators' job performance, duties, and treatment by supervisors.
Company Policies and Training
Evidence that your employer failed to follow their own policies or provide adequate training on discrimination can support your claim. This might include:
- Employee handbooks.
- Training materials.
- Internal communications about discrimination policies.
•Understanding Workplace Discrimination in California
Living and working in California, you may be familiar with the diverse and vibrant community that makes this area unique. However, with diversity can come challenges, including workplace discrimination. At McDonald Trial Lawyers, we understand the specific issues faced by employees in our local area. Discrimination can occur in any workplace.
Local government entities such as the City of Los Angeles and the California Department of Fair Employment and Housing (DFEH) are resources that provide guidelines and support for those facing discrimination. While we are not affiliated with these entities, we can help you navigate the complexities of filing a complaint and seeking justice.
Common pain points for employees in California include unfair treatment based on race, gender, or age, especially in industries with a high turnover rate or those that rely heavily on part-time workers. Our team is well-versed in the local job market and the specific challenges you might face. We are committed to providing personalized legal support to help you overcome these obstacles and achieve a fair outcome.
By choosing McDonald Trial Lawyers, you select a team that truly understands the Bay Area and Los Angeles communities and the unique issues that arise there. We are dedicated to fighting for your rights and ensuring you receive the justice you deserve.
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