California is what is known as an “at-will” employment state, meaning that employees can accept and leave positions as they please and that employers are able to hire or terminate employees as they please. Between at-will labor laws and the specificity and complexity of many employment contracts, it may seem that there is not much that an employee can do in the face of discrimination, either by being terminated from a position or held back from promotion or advancement because of certain characteristics that they have.
Although employers in California are able to hire and fire, promote, and advance employees at their own will, there are things known as “protected classes” that provide legal protection to certain individuals for a variety of things. Any sort of discrimination related to these classes is illegal, and can, therefore, qualify for a civil lawsuit where the discriminated employee (or ex-employee) is legally able to seek financial compensation from their employer.
If you believe that you have been the victim of discrimination, whether or not you see an example below that resembles your own situation, contact the team at Timothy J. Ryan & Associates as soon as possible to schedule an initial consultation. Our experience with the California Labor Code, as well as with representing individuals who have been the victims of employment discrimination in California, will be a significant benefit to your own situation. We will be happy to speak with you during our consultation about the circumstances of your discrimination, the steps that you have already taken, and the steps that we can take moving forward as a team. You have rights, and it is important that they are upheld. If they aren't, then it is important that the company responsible for this discrimination is penalized accordingly.
Read more below about employee discrimination, and contact us as soon as possible.
What Is Employee Discrimination?
According to the California Department of Fair Employment and Housing, “it is illegal for employers of five or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law.” What this means is that employers are not able to make decisions about hiring, firing, promotions, or any other job-related arrangement as a result of an employee being a member of a protected class (linked above).
If you feel that you have been looked over for a promotion, separated from a position, or your career has otherwise been impacted because of discrimination on behalf of an employer or someone in a position of power over you, then you may be able to build a strong case to get compensation and justice for this uncomfortable experience.
Examples of Employee Discrimination
The following are just a few limited examples of possible discrimination, but the reality is that it is impossible to address every single possible discrimination situation. In order to understand whether or not your situation counts as discrimination and how to proceed, contact us now.
If you believe that you were passed over for a promotion, benefits, or any other advancement, and you believe that you were a more-qualified candidate and that the decision was based on your race, then this is a clear example of racial discrimination against en employee.
Sexual Orientation Discrimination
Discrimination against employees due to their sexual orientation is another unfortunately common case that an Orange County employee discrimination lawyer may need to cover. As with racial discrimination, if you feel that you have been looked over for benefits or advancement in a company and believe it is because of your sexual orientation, contact us now.
Filing an Employee Discrimination Suit in California
In order to file a lawsuit against your employer (or former employer) for employee discrimination, it is very important that you are able to present a significant body of evidence in order to make your case clear and straightforward. When you are working with Timothy J. Ryan & Associates, you can be confident that we are working to build a comprehensive argument on your behalf before we approach the courts to initiate this process, and will continue to gather facts throughout the process in order to get you the compensation that you deserve.
When you are working with us, we will review all of your available information and details in order to make sure that your claim is completely understandable and complete, and will then determine if we file it with the DFEH (California Department of Fair Employment and Housing), or the EOCC (U.S. Equal Employment Opportunity Commission) to initiate the process of getting you the justice that you deserve.