Oceanside Workplace Discrimination Lawyer

Oceanside Workplace Discrimination Attorney

Workplace discrimination occurs whenever employees are treated differently in either a negative or a positive light because of certain characteristics. Workplace discrimination is an immoral activity that reflects the poor business practices of the employers who allow or encourage it in the workplace. If you have been the victim of workplace discrimination in Oceanside, reach out to an Oceanside workplace discrimination lawyer as soon as you can to start building a case.

Proving Workplace Discrimination

Proving employment discrimination in Oceanside is not always easy. It requires evidence of discriminatory behavior at the hands of your employer, as well as witness testimony if necessary. You have to prove not just that the discriminatory action happened but also how it affected your job performance and well-being. Employment lawyers can improve your chances of success, as they are well-versed in the steps you must take to prove workplace discrimination. Your evidence must prove the following statements:

• You have been mistreated because of one or more of your protected classes.
  • Your protected class can include race, age, gender, sexual orientation, religion, disability, pregnancy, national origin, or ancestry. Regardless of what class you may fall under, it is illegal to treat employees differently because of those classes. For example, if you are discriminated against because you are Jewish, you are legally protected from discrimination based on your religion.
• You can do your job well and have done so consistently.
  • When your employer is accused of workplace discrimination, their ideal defense is usually criticizing your job performance. They know that if they can prove that you are not good at your job, that will justify their mistreatment of you. Keeping a consistent record of your job performance and past performance reviews will likely help your case.
• The discriminatory behavior has affected your job.
  • You must prove that, as a result of discriminatory action, you were denied advancement despite your qualifications. This can include a promotion, a bonus, or training. Inversely, you can claim the opposite happened. You may have been demoted, discharged, or transferred to another department based on your protected class.
• The decision regarding your job was not made objectively.
  • This can be harder to prove sometimes. You should go through your workplace manual and demonstrate that everything that has happened to you as a result of your employer’s discriminatory behavior is not in line with company policy. Company decisions must be made objectively and without bias in mind for any protected class. Pointing out any contradictions from your employer can help your case.
• There is a definite pattern of discriminatory behavior in your workplace.
  • Compare your work and your treatment to that of your coworkers, particularly those outside of your protected class. Talk to them and ask if they have also witnessed any discriminatory action. More so, document how your employer has treated them in past situations similar to yours. For instance, if female employees are consistently berated for arriving late, but male employees are not despite also being late, that is a pattern of discriminatory behavior.

Retaliation in the Workplace

Challenging discrimination in the workplace can be a daunting task, and it’s difficult to have the courage to do so. You may not want to file a claim out of fear of losing your job or being retaliated against in some way. Retaliatory behavior is also illegal under California labor law, but it does still happen.

Retaliation is when your employer takes action against you when you report illegal activity, file a wage claim, or report them for discrimination, among other things. Under California law, employers cannot legally retaliate against their employees for exposing their illegal actions.

FAQs

Q: Should I Reach Out to HR Before Pursuing a Discrimination Case?

A: Yes, you should reach out to your company’s HR department before you start pursuing a discrimination case. Your employer may be unaware of the discrimination happening in their workplace, and they have a responsibility to prevent it once they are made aware. A crucial part of resolving your case is proving that your employer knew about the discrimination but did nothing about it. If you submit a complaint to HR and it results in no response from your employer, you can use that as evidence.

Q: What Are the Chances of Winning a Discrimination Case?

A: The chances of winning your discrimination case in Oceanside depend entirely on how you approach it, how you document it, and how well you fight it. Every discrimination case is different. As long as you take the proper steps to gather evidence and have an experienced workplace discrimination attorney on your side, you stand a good chance of succeeding in your case. The more evidence you have, the stronger your case will be.

Q: What Evidence Do I Need to Prove Workplace Discrimination?

A: In order to prove workplace discrimination has taken place, you can use both direct and circumstantial evidence that backs up your claim. Direct evidence includes witness statements, emails, and text chains. It is anything that directly proves discrimination did occur.

Circumstantial evidence implies that discrimination happened but does not prove its occurrence. This includes workplace statistics, work comparisons, and your employer’s lack of response from an HR complaint. All of this works in your favor.

Q: What Are Three Things That an Employer Cannot Discriminate Against?

A: Three things that an employer cannot discriminate against include race, religion, and sexual orientation, among many others. Under California labor laws, it is illegal for an employer to discriminate against any employee based on their protective class.

There are many protected classes, and all of them provide employees with protection from discrimination in the workplace. These laws are enforced by the Equal Employment Opportunity Commission (EEOC) and open up employers to legal action if they are openly discriminatory.

Find the Employment Discrimination CA Lawyer You Need Today

Proving workplace discrimination is difficult work that you may find nearly impossible to do on your own. An experienced workplace discrimination lawyer can help you build your case, guide you through the process, and represent your interests if your claim goes to court.

An experienced attorney from The Law Office of Frank S. Clowney III is available to help you through this difficult, stressful, and somewhat painful course of action that your employer has driven you to. Contact us to schedule a consultation and to learn about your options for a workplace discrimination claim.