San Diego Workplace Discrimination Lawyer

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CALIFORNIASAN DIEGO WORKPLACE DISCRIMINATION LAWYER

Are you facing unfair treatment at work due to your race, gender, age, disability, or any other protected characteristic? At Mara Law, we take workplace discrimination very seriously and understand the devastation one goes through. Our San Diego workplace discrimination lawyer will protect your rights as an employee and hold employers accountable for such illegal practices. Let us take you through the process and fight on your behalf for justice.

Understanding Workplace Discrimination in California

Workplace discrimination is illegal under both California and federal law. It is unlawful for employers to treat employees poorly based on one or more protected characteristics including, but not limited to, race, sex, and disability status. The California Fair Employment and Housing Act gives employees considerable protection against discrimination in hiring, promotions, pay, and all other terms and privileges of employment. To learn more about California’s anti-discrimination protections, please visit the California Civil Rights Department at:. Discrimination is not always obvious, and many employees do not realize their treatment is illegal.

The Role of an Attorney in Your Case

The attorney guides you throughout, develops evidence for your case, handles your employer’s negotiations, and when the need arises, prosecution for or against your claim is indispensable. They are dedicated and proud to obtain justice through just compensation while keeping one at ease through it all.

Common Signs of Workplace Discrimination

Workplace discrimination can take a long chain of forms, which needn’t be overt. Consider some common signs that take:

  • Unwarranted disciplinary actions: when one is being written up or reprimanded for things that other colleagues are not being penalized for. 
  • Denied promotions or opportunities: being passed over for advancement opportunities in which one is qualified. 
  • Unfavorable working conditions: receiving less favorable shifts, undesirable tasks, or being excluded from projects without explanation.

Examples of Discriminatory Practices in the Workplace

Employers may adopt practices that are considered unlawful under California law. The following are some of these practices:

  • Not hiring a qualified applicant due to age or disability.
  • Discharging employees based on their complaints about discrimination or harassment.
  • Applying different standards of performance because of race or gender.

These have a significant impact on the professional and emotional well-being of an employee, but are illegal under state and federal law.

Protected Employee Classes Under California Law

FEHA prohibits employers from discriminating in employment on the basis of the following protected classes: race, color, and ethnicity; gender and gender identity; sexual orientation; age (40 and above); Disability (physical or mental); religion; and marital status. The protections ensure equal employment opportunities for all employees in the state.

Filing a Workplace Discrimination Lawsuit in San Diego

This includes filing a complaint to the DFEH or with a private lawsuit against the employer by taking required steps through the legal process. An effective attorney will ensure that every requirement is legally satisfied in making your claim and meets important deadlines for constructing the most favorable case for yourself.

How to Begin the DFEH Complaint Process

Filing your claim with the DFEH may be completed online or via U.S. mail. The process is designed to investigate the allegation and, if appropriate, issue a “right-to-sue” notice to allow the filing of a lawsuit. A filing with the DFEH is a prerequisite for certain legal claims.

Deadlines for Filing a Workplace Discrimination Claim

Timing for filing workplace discrimination claims in California is very strict. Generally, under FEHA, you have three years to file a complaint with the DFEH. If you fail to file within this time, you may forfeit your right to take legal action. You should consult with an attorney promptly to protect your rights.

Compensation and Remedies for Workplace Discrimination

If you’ve experienced workplace discrimination, there are various ways in which the law can recover your losses.

Monetary Damages You Can Recover

If you are a victim, you might be entitled to compensatory damages such as :

  • Back pay and other lost benefits: Money awards equal to what you earned and benefited before the discrimination happened
  • Emotional Distress Damages.

Equitable Remedies and Punitive Damages

Besides monetary awards, the courts may impose other measures against the employers to their employees, including:

  • Reinstate wrongfully terminated employees.
  • Adopt new policies that prevent discrimination
  • Pay punitive damages for egregious misconduct.

Retaliation for Filing a Workplace Discrimination Claim

It is illegal to retaliate against employees for reporting discrimination. You have added legal protection if you are being demoted, terminated, or otherwise treated unfairly because of a filed claim. The retaliation itself is often treated as a separate violation, increasing the amount of damages you can recover.

Workplace Discrimination Class Actions

Where multiple employees experience the same kind of discriminatory practice, a class-action lawsuit will help workers combine efforts against the employer. Since this often involves large numbers or a pattern of issues regarding systemic workplace practices, settlement can be high.

Get Legal Help from a San Diego Workplace Discrimination Lawyer Today

California Employment Law Attorney David Mara

 

Workplace discrimination is never tolerable. For a free consultation, contact Mara Law with a call to (619) 923-0405 or visit our office located at 2650 Camino Del Rio N, Suite 302, San Diego, CA 92108. Let us fight for your rights, so you get the justice you deserve.

 

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney David Mara who has more than 20 years of legal experience in employment law.

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