San Diego Workplace Discrimination Lawyer

Workplace Discrimination Attorney in San Diego, CA

Workplace discrimination happens when an employer treats an employee or job applicant unfairly due to their racial category, religion, gender, national origin, age, disability, sexual orientation, or pregnancy. This can include actions such as harassment, hiring, firing, promoting, demoting, or assigning work based on these characteristics. It is illegal for an employer to discriminate against an employee or job applicant on the basis of race discrimination, or any of these other protected characteristics. Anyone who has been the victim of workplace discrimination can hire a San Diego workplace discrimination lawyer to defend their rights. 

Table of Contents:

• Workplace Discrimination Attorney in San Diego, CA
• Retaliation and Discrimination Against an Employee
• What Are the 8 Types of Discrimination in the Workplace in California?
• What Can I Do If I Experience Workplace Discrimination in San Diego, California?
• A California Employment Discrimination Claim
• What Are the 2 Ways to Prove Discrimination in California?
• How Hard Is It to Win a Discrimination Case in San Diego, CA?
• Contact A San Diego Employment Discrimination Attorney

Retaliation and Discrimination Against an Employee

Retaliation occurs when an employer takes adverse action against an employee because the employee has opposed unlawful treatment or supported a co-worker who has experienced discrimination. This can include actions such as demotion, wrongful termination, or other forms of punishment. It is also illegal for an employer to retaliate against an employee for exercising their rights or supporting the rights of others.

If you have experienced workplace discrimination or retaliation, it can be difficult to know how to fight back and get the justice and compensation you deserve. Our attorneys at The Law Office of Frank S. Clowney III are recognized experts in San Diego employment law, and we have a successful track record of gathering evidence and fighting for our clients’ rights.

What Are the 8 Types of Discrimination in the Workplace in California?

In California, an employee can’t be discriminated against on the basis of any of these eight protected characteristics:

1. Race Discrimination. An employer can’t discriminate against an employee based on their race or ethnicity.
2. Religion Discrimination. Religious beliefs or practices can’t be cause for employee discrimination.
3. Sex Discrimination. Employers can’t discriminate against an employee based on their sex, including discrimination based on gender identity or sexual orientation.
4. Age Discrimination. Employers can’t discriminate against an employees based on their age if they are at least 40 years old.
5. Disability Discrimination. An employer is not allowed to discriminate against an employee with a disability or fail to provide reasonable accommodations for their disability.
6. Pregnancy Discrimination. Employees can’t be discriminated against because they are pregnant or have a medical condition related to pregnancy.
7. National origin Discrimination. An employer cannot discriminate against an employee based on their national origin or ancestry.
8. Genetic information. Employers can’t discriminate against an employee based on genetic information, including information about their family medical history.

What Can I Do If I Experience Workplace Discrimination in San Diego, California?

If you have experienced workplace discrimination in California, it is crucial to protect your rights and seek the appropriate legal action. Here are some steps you may consider taking if you think you have been the victim of workplace discrimination:

1. Document the discrimination. Keep a record of the discriminatory actions or comments you have experienced, including the date, time, location, and any witnesses. This documentation can help to support your claim.
2. Report the discrimination to your employer. If the discrimination came from a coworker and you feel comfortable doing so, you may want to report the discrimination to your employer or a supervisor. Your employer may have policies in place for addressing discrimination and may be able to take steps to resolve the issue.
3. File a complaint with a government agency. If your employer does not take action to address the discrimination, or if you are uncomfortable reporting the discrimination to your employer, you may want to file a complaint with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). These agencies are responsible for enforcing anti-discrimination laws and can investigate your complaint.
4. Consider hiring an employment discrimination attorney. If you are considering taking legal action to address the discrimination, you may want to hire an experienced attorney to represent you. An attorney can advise you on your rights, and they can also help you navigate the legal process.

Documenting the discrimination, reporting it to your employer or a government agency, and seeking the assistance of a San Diego workplace discrimination lawyer can all help address workplace discrimination in California and seek justice.

A California Employment Discrimination Claim

In California, it is illegal for an employer to discriminate against an employee based on certain protected characteristics, such as race, religion, gender, national origin, age, disability, sexual orientation, or pregnancy. This means an employer cannot make employment decisions, such as hiring, firing, promoting, or demoting, based on these characteristics. If you believe you have been the victim of employment discrimination in California, you can file a claim with the California Civil Rights Department (CRD), formerly the Department of Fair Employment and Housing (DFEH).

To file a claim with the California CRD, you must first contact the California CRD to schedule an appointment for an intake interview. During the intake interview, you will be asked to provide information about the alleged discrimination, including the dates and circumstances of the incident, the names of any individuals involved, relevant documentation, and any other details that may be able to help build your case.

If the California CRD decides you have a valid claim, they will attempt to find a solution to the issue through mediation or other informal means. If a resolution cannot be reached, the California CRD may provide a “right-to-sue” letter, which allows you to file a claim against your employer in civil court.

It is important to note that there are strict deadlines for filing a claim with the California CRDH, so it is important to act quickly if you think you have been the victim of employment discrimination in California. A San Diego employment lawyer can help ensure you get everything you need for your case filed correctly and on time.

What Are the 2 Ways to Prove Discrimination in California?

There are generally two ways to prove discrimination in California:

1. Direct evidence. Direct evidence is evidence that directly proves the existence of discrimination. This may include statements made by the employer or other individuals that demonstrate discriminatory intent or bias.
2. Circumstantial evidence. Circumstantial evidence is evidence that allows a court to infer that discrimination occurred. This may include evidence of a pattern or practice of discrimination or evidence that the employer treated similarly situated employees differently based on a protected characteristic.

To succeed in a discrimination case in California as an employee, you must prove you were the victim of discrimination based on one or more of the protected characteristics, such as race, gender, age, or religion. To do this, you may use direct evidence, circumstantial evidence, or a combination of both.

Proving discrimination in California can be challenging, as it requires you to provide strong evidence to support your claim. That’s why working with a San Diego workplace discrimination attorney can help.

How Hard Is It to Win a Discrimination Case in San Diego, CA?

Winning a discrimination case in San Diego or any other location can be challenging, as it requires you to prove that you were the victim of discrimination, based on a protected characteristic, such as race, gender, age, or religion. To succeed in a discrimination case, you must typically prove the following:

1. You were subjected to adverse treatment. You must show that you were treated differently or unfairly compared to other employees who were not in the same protected group.
2. The adverse treatment was because of a protected characteristic. You must also show that the adverse treatment was due to protected characteristics, rather than for some other legitimate reason.
3. The employer’s actions were motivated by bias. Another element you must prove is that the employer’s actions were motivated by bias or prejudice against the protected characteristic.

Proving these elements can be difficult, as it often requires you to provide evidence, such as documentation or witness testimony, to support your claim.

While winning a discrimination case is not necessarily easy, it is not impossible, either. With strong evidence and the assistance of an experienced attorney, it is likely for an employee to succeed in a discrimination claim in San Diego.

What Are the Potential Outcomes of a San Diego Workplace Discrimination Complaint?

Compensatory damages are a common remedy for a workplace discrimination claim or complaint. Money is often at the core of harm when it comes to discrimination because loss of promotions and discriminatory termination leads to direct financial loss for victims. For example, if the worker or former worker had to attend therapy as the result of emotional harm, the employer or supervisor found at fault may have to reimburse the victim for those out-of-pocket expenses.

Emotional harm resulting from workplace discrimination can also be subject to punitive damages. If malice or recklessness is found to be behind the discriminator’s actions, those monetary damages can be expensive.

In cases when a worker was fired due to discrimination, a settlement or trial may require the former employer to reinstate the discrimination victim. In cases when a victim was passed over for a promotion due to discriminatory practices, legal action may allow the worker to gain the denied position.

Lost wages and emotional harm, along with other factors, will be considered as part of a settlement offer. The victim has the final say in whether to accept any offer. If a sufficient offer is not made, victims have the option of taking the case to trial, whether by judge or jury. The maximum limits for compensatory or punitive damages vary depending on the size of the business being sued.

FAQs

Q: How Do I Sue a Company for Discrimination in California?

A: Civil claims are complicated. The defendants must be properly notified of the suit, and relevant motions must be filed correctly and promptly. For these reasons, the first step when filing a claim against a company is often hiring an experienced workplace discrimination lawyer. The Law Office of Frank S. Clowney III has many years of experience bringing workplace discrimination lawsuits to favorable conclusions.

Q: How Do I Prove Discrimination at Work in California?

A: It is safe to assume that your current or former employer will not admit to wrongdoing. Proving discrimination in the workplace in California requires research and thorough investigations. Every bit of evidence and testimony has to be tied to existing laws. As The Law Office of Frank S. Clowney III collects substantial amounts of evidence, such as worker performance reviews, opposing counsel may be more likely to offer a favorable settlement rather than go to trial.

Q: Who Might Testify at the Trial?

A: If your case goes to trial, witnesses and experts may be asked or subpoenaed to testify. Both parties in a civil case have the opportunity to bring people to testify as long as they have a relevant reason for testifying under oath. Our office can determine if there are benefits to bringing in an expert witness if your case goes to trial. The testimony of the victim is one of the most compelling and important factors in a successful workplace discrimination claim.

Q: How Long Will My Case Take to Resolve?

A: Claims must be filed within a specific timeframe (often one year) from the date of the last instance of discrimination. It often takes a significant amount of time, but our firm can work to ensure that your case is favorably resolved within a reasonable timeframe.

Gathering evidence and witness testimony is one the most time-consuming parts of a discrimination claim. At any point, opposing counsel may offer a settlement that could resolve the case. Scheduling a trial depends on which openings are available and if opposing counsel agrees to those dates.

Contact A San Diego Employment Discrimination Attorney

Employment discrimination or retaliation is never acceptable.  If you have experienced discrimination or have been retaliated against for opposing unlawful treatment or supporting a coworker who has experienced discrimination, you may be entitled to compensation. At The Law Office of Frank S. Clowney III, we understand the toll that discrimination and retaliation can take on your career and personal life. That’s why we work tirelessly to secure resolutions that compensate you for the harm you have suffered and help you move forward.

To find out more about your options, reach out to our attorneys at The Law Office of Frank S. Clowney III. Our experienced San Diego workplace discrimination attorneys are available to work with you directly and discuss your case and specific concerns in depth. They can help you understand your rights and options and help lead you on the best path going forward.

If you decide to pursue a legal claim, we can assist you in gathering and presenting evidence to support your case and represent you in negotiations or court proceedings. Don’t hesitate to contact us at The Law Office of Frank S. Clowney III, if you have questions or concerns about discrimination or retaliation in the workplace.