Discrimination laws prevent employers from disfavoring or mistreating an employee based on a protected classification. This means an employer cannot discriminate against an employee based on the employee’s age, disability, race, national origin, religion, pregnancy status, gender, sexual orientation, or any other protected characteristic. When discrimination does occur, the burden of proof is on the plaintiff to show that the employer’s actions were discriminatory. Upon a successful action, the plaintiff may be entitled to several types of damages, including back pay, front pay, reinstatement to their job, promotion, and even punitive damages.
If you’ve been a victim of discrimination, contact a Los Angeles employment lawyer at Sparrow Law Group today to learn more about your options.
Different Forms Of Unlawful Discrimination
- Age Discrimination – In certain circumstances, it is illegal for an employer to discriminate against an employee or job applicant based on age.
- Disability Discrimination – An employer may not discriminate against a qualified employee or applicant based on their disability. Employers are required to help identify reasonable accommodations for the disability, and then provide those accommodations.
- Race and National Origin Discrimination – An employer cannot disfavor or mistreat an employee based on their race or their country of origin, or based on characteristics related to race/country of origin (such as skin color or hair).
- Religious Discrimination – The law provides that individuals have the right to choose and practice their religion. As a result, employers are prohibited from discriminating against employees and applicants due to their religion, and must provide reasonable accommodations for employees to observe their religion.
- Pregnancy Discrimination – An employer cannot discriminate against or mistreat an employee because of the employee’s pregnancy, perceived pregnancy, breastfeeding, or any other related medical condition, and must provide reasonable accommodations for a pregnant employee.
- Gender Discrimination – Employers are prohibited from disfavoring or mistreating employees and job applicants due to their gender. Sexual harassment, pregnancy status, and sexual orientation discrimination are often intertwined with gender discrimination under the law.
- LGBTQ Discrimination – California prohibits discrimination by an employer based not only on sexual orientation, but also gender expression, gender identity, and transgender status.
Actions That Result In Unlawful Discrimination
If an employer takes negative actions against an employee for discriminatory reasons, the employee may have a right to recover. Firing an employee is not the only negative action an employer can take that could result in unlawful discrimination. Common actions that an employer may take for discriminatory reasons include:
- Firing. Your skills, performance, and competence should be the main factors considered by your employer in making a decision to fire you. If you were instead fired because of your age, disability, sexual orientation, or other protected class, you may have a right to recover. In such cases, consulting an experienced wrongful termination attorney can help you understand your rights and navigate the legal process effectively.
- Demotion or reassignment. If you were demoted, given reduced hours, or assigned to a different job for a discriminatory reason, such as your disability, your gender, or your sexual orientation, you may have a legal right to recover from your employer.
- Forcing resignation. If you were placed in intolerable working conditions that made you unable to do your job, leaving you with no choice but to resign, and those conditions were placed on you because of, for example, your disability, your race, or your gender, your employer may have unlawfully discriminated against you.
- Denying a promotion or raise. Promotions and raises should be based on factors such as your performance and dedication to your work. If, instead, you did not receive a promotion or raise because of, for example, your age, pregnancy status, or gender, your employer may have unlawfully discriminated against you.
- Deciding not to hire. If you are passed over for a job based on your age, race, religion, gender, disability, or other protected class, you may have legal rights.
Proving Your Discrimination Case
If you believe you may be the victim of employment discrimination, proving your case can sometimes be difficult. There are a few different methods that victims can use to prove discrimination cases, and those methods are discussed below.
Direct Evidence
Direct evidence can be a slam dunk for your case, but this type of evidence is rarely present in discrimination cases. Direct evidence could be emails, letters, recorded conversations, or other evidence that directly proves discrimination. For example, an email from a supervisor stating that someone was fired because of their religious affiliation would be direct evidence of discrimination. While this type of record would easily prove your case, these types of records are hard to come by.
Circumstantial Evidence
Circumstantial evidence is the most common type of evidence presented in discrimination cases, and this type of evidence is used to prove facts through inference. For example, imagine needing to prove that rain occurred overnight, although you do not have any direct photos or videos of the rain falling. You may present circumstantial evidence, such as puddles on the roadway in the morning, water still sitting on vehicles, or a soaking wet lawn as evidence that rain occurred overnight. Proving a discrimination case is similar.
The McDonnell-Douglas framework is used to analyze circumstantial evidence in an employment discrimination matter. If the plaintiff meets the requirements under this framework, then the burden of proof shifts to the employer. The employer must then show that there was some legitimate reason for the employer’s actions.
Pattern And Practice
This type of evidence is usually presented in class-action lawsuits related to employment discrimination. The plaintiffs may attempt to prove that the employer has a pattern of discriminating against certain protected classes of employees, and these patterns may be proved through either direct or circumstantial evidence.
What To Do If You Are The Victim Of Discrimination
If you believe you have been the victim of employment discrimination, there are a few things you should do to protect yourself. First, make sure that you document all discriminatory interactions with the employer to help preserve evidence. Make notes of dates, times, and details of conversations. Keep records of emails, documents, and other forms of evidence that might eventually help prove your case. If possible, obtain the contact information of peers who may be able to support your claims.
Next, you should reach out to an employment law attorney who can help walk you through the steps of a discrimination claim. Discrimination claims typically require a complaint to be filed with the EEOC prior to filing any action in court, and an experienced attorney can help you through the process. Many discrimination claims are settled out of court, but you should be prepared to go through the full discovery and trial process if necessary.
Schedule A Free Consultation
The lawyers at Sparrow Law Group advocate tirelessly for victims of discrimination in the workplace. Your skills and performance are the only factors that should affect your job. If you have been fired or mistreated at work for a discriminatory reason, contact us online or call us at (310) 708-6439 for a free confidential case evaluation.