Victim of Workplace Discrimination? We Can Help.

Harassment and discrimination in your place of work can come in many different forms. It can be displayed in an obvious manner through the use of discriminatory phrases or gestures. Workplace discrimination can also be demonstrated in less than obvious ways. It can be, for example, represented by the lack of a deserved workplace recognition or promotion and advancement opportunity. While workplace discrimination can be concealed, it nonetheless should never be tolerated and legal recourse is available in California.

Protections against Unlawful Discrimination

There are various forms of legal protections an employee has against workplace discrimination practices. These laws and regulations are used to avoid exploitation and to preserve fairness in all work environments. In the state of California, the Fair Employment and Housing Act (FEHA) is utilized in the prevention of workplace discrimination. The California Fair Employment and Housing Act is a powerful civil rights protection law that protects workers from discrimination and other forms of harassment. The California Fair Employment and Housing Act offers a broad range of protections. Its unique broad sense of vocabulary serves as a wide reaching umbrella that can offer more protection, for more people. To further emphasize, the California Fair Employment and Housing Act serves to protect an individual’s sexual orientation rights and marital rights, which is not necessarily protected under federal laws.

Individuals who work in the state of California are not only protected by the California Fair Employment and Housing Act, federal anti-discrimination laws also protect them. Title VII of the Civil Rights Act of 1964 is an act placed by the United States federal government to protect certain individual rights. The Act prohibits workplace discrimination or harassment due to personal characteristics. Examples of such characteristics can be an individual’s gender, race, or religion.

Another impactful federal protection against workplace harassment is the Americans with Disabilities Act (ADA). The American with Disabilities Act serves to protect employees who have physical or mental disabilities. This act safeguards an individual’s right to be employed despite having lost bodily functions or has suffered from a medical condition.

Justin King – Protection Rights of Employees in the Event of Workplace Discrimination

Filing a claim for workplace discrimination has important time limits that must be considered. It is important to note that an individual does not have an unlimited amount of time to file his or her claim. Further, each claim can potentially need different processing methods, depending on the event. The filing of each claim may also vary. For example, federal claims are to be filed with the United States Equal Employment Opportunity Commission while California claims are to be filed with the California Department of Fair Employment and Housing. Filing a claim can be a complicated process. Finding a qualified and experienced attorney can be beneficial to any workplace discrimination claims and can ease the stress of filing such claims.

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If you or someone you know was the victim of workplace discrimination, there could be an opportunity to recover a loss of wages and potentially receive reparation for emotional distress damages. It is unlawful to discriminate in the workplace, at all levels of employment. This includes during the time of hiring, discharging, laying-off, training, or at any other term of employment. It is important to consider that even established workplace policies that apply to all workers, regardless of their race or ethnicity can be unlawful. This, in particular, is if the policy tends to have a negative effect on workers of a specific characteristic, which is neither job related nor crucial to the operation of the workplace.

Discriminatory Actions Based on Sexual Orientation or Preference

Workplace discrimination based on an individual’s sexual preference or sexual orientation happens when an individual is exposed to unnecessary, negative harassment or denial of work-related benefits. These negative employment actions are resulting from an employee’s sexual orientation or perceived thereof. This type of discrimination can also pertain to the sexual orientation of someone dear to that particular worker. While the collective efforts of social awareness, federal, state and local laws have enriched the protections and rights of individuals, many workers who are not heterosexual or are perceived to be, continue to face difficulties in the workplace. While the law in this area of civil rights is constantly changing and adapting, individuals who identify as gay, bisexual, asexual, or pansexual continue to be treated differently. If you or someone you love is a victim of workplace discrimination due to sexual orientation, it is important to contact an experienced and compassionate employment discrimination attorney who can help your case.

Discrimination Based on Ethnicity or Race

Workplace discrimination involving an individual’s ethnicity or race is treating an employee poorly or differently due to the fact that he or she is of a particular skin color or is from a particular descent. Discriminatory actions can also be made toward individuals who have specific characteristics, which are associated with their race or ethnicity. These types of destructive workplace discriminatory practices allow for further legal violations. An employer can also treat a worker differently based on his or her citizenship status. Whether a worker is a United States citizen, is a recent permanent resident, or is a refugee, he or she is protected from immigration status discrimination. Often, this type of workplace discrimination can call for extreme requests of paperwork relating to an individual’s personal immigration status.

In the United States, every individual is entitled to equal access to employment and labor opportunities; thus, it is unlawful to discriminate on the basis of a person’s ethnicity or race. There are protective laws that safeguard individuals against discriminatory practices in the workplace that can be based upon a person’s birthplace, culture, or linguistic accent. If you or someone you know has been the victim of workplace discrimination based on national origin, immigration status or citizenship, an experienced employment discrimination attorney can help you recover the loss of wages.

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