With its distinction as the most populous state, California has its fair share of workers. In fact, data from the Employment Development Department (EDD) estimates that there are currently over 19 million employees in California alone. Such numbers underlie ample opportunity for workplace discrimination. Recognizing and understanding workplace discrimination is extremely important for employees, and knowing what their rights are is vital to their ability to gain compensation if they do suffer it in the workplace.
Attorney Martin Gasparian and his firm, Maison Law, has spent years developing and honing its approach to workplace discrimination cases, with a proven track record of success. No employee should have to suffer through a hostile work environment or discrimination in the workplace. But it does happen, and when an employee faces it, they need to know what their rights are.
How Common is Workplace Discrimination in California?
Under both California and federal law, employees are protected from workplace discrimniation. The specific statute governing this in California is the California Fair Housing and Employment (FEHA) Act, which was passed in 1972. The federal statute governing workplace discrimination is the Civil Rights Act of 1974. To better understand workplace discrimination, the California Department of Fair Housing and Employment (DFEH) compiles data on any complaints involving employment discrimination in the state. According to the 2020 Annual Report, there were 15,265 reported instances of employment discrimination in California for the year. Such data shows that workplace discrimination is alarmingly common, so knowing how to identify it when it happens is very important.
Identifying and Fighting Workplace Discrimination
Simply knowing that workplace discrimination takes place is only the first step for the employee that is facing it. While the vast majority of these cases involve discriminating against a person in a protected class, every California employee can enjoy protections under the law against workplace discrimination-in certain circumstances. In general, employers that discriminate against workers based on the following characteristics is illegal under the law:
- Gender
- Race
- Age
- Sex
- Disability
There are several other categories of protected classes, but discrimination against employees usually takes place in the following ways:
- Terminating their employment
- Demoting the employee
- Cutting the employee’s pay or reducing their work hours
- Excluding the employee from meetings or training
- Subjecting the employee to a hostile work environment
Once the employee recognizes the discrimination in the workplace, they can begin to formulate a plan for how to make it stop. Oftentimes, this means filing a complaint with the California Civil Rights Department (CRD), then eventually filing a lawsuit.
Standard Phases of a Workplace Discrimination Case
It’s important to understand that fighting for what is right is not easy. Employees are individuals who depend on their jobs for their livelihood, while employers are often corporations or other businesses with ample resources at their disposal. That said, there are generally three phases to a workplace discrimination case:
Pre-Suit
The first step, which could be taken even before consulting with our firm, will be to file a formal complaint with the DFEH. The DFEH is an administrative body, so there are different rules of procedure and enforcement in these types of complaints. Generally, though, the DFEH will begin an investigation by gathering statements, obtaining evidence and requiring the employer to respond to the complaint. After that, the DFEH will likely request mediation and make a ruling. With a ruling in place, the DFEH will close the case and issue a Closing Order and Right to Sue Letter that will allow you to proceed to file a civil lawsuit.
Litigation
After the DFEH closes your case, you will then be able to consult with our team and begin the process of filing a lawsuit. Once your Complaint is filed in civil court, your case will officially be initiated, otherwise known as “litigation”. At this point, patience is extremely important. No two cases are alike, and the litigation process can last for years. By and large, though, most cases resolve much quicker. Once in the litigation phase of your case, the discovery, or the actual gathering of evidence in the form of interrogatories, depositions, and producing documents, process begins. This is the longest part of any case, but as it develops and winds down, mediation and resolution will enter into the picture.
Resolution
Lawsuits typically resolve in two ways: settlement or trial. No matter how open and shut a case seems to be, there is no guarantee of a favorable outcome. However, the team at Maison Law is dedicated to making sure that every client receives full and fair compensation. While cases can settle at any time, even during trial, it is most likely that the case will resolve during pre-trial mediation. Once the evidence is assessed and presented, settlement amounts will determine the amount of:
- Lost wages
- Emotional distress or mental anguish
- Punitive damages
Skilled California Workplace Discrimination Lawyers
Maison Law’s California Employment Lawyers take a great deal of pride in our approach to employment law cases and believe that our results speak for themselves. Every California employee deserves a workplace free of discrimination and harassment, and our main goal is to achieve this by forcing employers to be held accountable for their unlawful treatment of employees. If you are a California employee and believe you have suffered workplace discrimination, reach out to our team today to set up a free consultation.
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