When an employer treats an employee differently based on protected qualities such as race, gender, or religion, it is considered discrimination in San Diego, CA. According to United States law, all employees must receive equal treatment. However, current laws do not always prevent discrimination, and some California employees find themselves facing this treatment every day.
Despite advances in our society, many workers face discrimination or harassment based on their sex, gender, or gender expression. It is important to know all the options available if you face this type of treatment in the workplace.
A San Diego gender discrimination attorney can help you through the process of filing your claim. This legal process gives you a chance to right the injustice that has been done to you and recover any losses resulting from the discrimination. The attorneys of The Law Office of Frank S. Clowney III are here to help.
For over forty years, the attorneys at The Law Office of Frank S. Clowney III have been helping California employees recover from discrimination. We have seen discrimination cases of all kinds, and we have no patience for any acts of exclusion or demeaning that occur in the workplace.
We strongly believe that every employee deserves respect, equal pay, and equal treatment regardless of their gender. Our team will go to great lengths to right the wrongs committed against you and fight to ensure that similar behavior does not occur again. When you work with us, you can trust that we will not rest until we have created a strong case in your favor.
We also understand that these cases are sensitive and can leave our clients feeling vulnerable, belittled, or scared. Because of this, we take extra care and consideration when we work with our clients. You can trust us with your story.
When you are looking for employment attorneys in the San Diego area, our team at The Law Office of Frank S. Clowney III has the qualifications you are looking for.
Discrimination is an individual or group’s unfair or prejudiced treatment based on a protected classification or trait. Some examples of protected classifications include:
Gender discrimination occurs when an individual is treated differently because of their gender or gender expression. While there are protections from discrimination based on being a man or a woman, there are also protections for individuals who are transgender or gender nonconforming. The law also protects how a person expresses their gender; in other words, how they dress and conduct themselves.
You have the right to file a gender discrimination case against your employer or the individual who is committing the discrimination if you are being treated differently in the workplace because of your gender or gender expression.
Discrimination can occur in many ways but is ultimately unfair treatment or treatment that is different from the way that your coworkers and superiors are treated. Common examples of workplace discrimination include:
This is not an exhaustive list of the types of discrimination that may occur in the workplace. If any of these actions happen to you simply because of your gender, you have a claim for discrimination.
For example, suppose your boss does not consider you for a promotion because you identify as a woman, even though you are as qualified as other applicants. In that case, you may have a claim for gender discrimination.
Gender discrimination and employment law claims can be difficult. Though the situation seems obvious to you, the law requires that your claim undergo a particular legal process before the court can officially charge someone with discrimination and grant compensation to the victim.
To win your claim, you need to be able to definitively prove that the discrimination occurred on the basis of gender and that the actions were intentional. Collecting evidence and arguing a claim is much more complicated than many people realize, which is why an employment lawyer is a significant asset to your case.
It is also important to note that these claims put victims in a vulnerable position. You will have to relive what happened to you and answer countless questions about the details. This can be emotionally grueling and can bring up many negative emotions. Though having an attorney cannot necessarily prevent these feelings from occurring, we can protect you from some aspects of the case and advocate for your needs throughout the process.
Workplace discrimination is a serious charge. If an employer is accused of such an action, they will almost certainly have legal representation to protect their livelihood and reputation. Refuting their claims could be difficult, and facing them without an attorney of your own could significantly reduce your chances of winning a settlement and achieving justice.
Many people hesitate to file a gender discrimination claim because they believe that their employer may take further action against them if they do. It is essential to understand that retaliatory behavior of any kind is illegal and will cause further issues for your employer.
Retaliation describes any punitive action or further discrimination your employer commits after you report their actions. It applies even if you lost your claim or the court determined no gender discrimination had occurred. The laws against retaliation mean an employer cannot fire, demote, or treat you poorly because you reported gender discrimination. Your employer could not act against you if you brought the claim forward because of genuine concern rather than spite or malice.
In many cases, gender discrimination occurs in a series of behaviors. In others, it is a single distinct action, such as hiring or firing. In all situations, it is important to do your part to preserve your legal claim.
Retain all correspondence with the offending party. If an offense occurred in person, write notes about what happened immediately afterward. Note the name and contact information of anyone else who saw the event happen or was privy to the conversation, so your attorney can contact them.
As many employers know that discrimination is illegal and make efforts to remain covert with these kinds of actions, it is important to preserve as much evidence as possible to prove your case.
Your first step to creating a gender discrimination claim should be to contact an employment attorney. We will discuss your experiences with you and determine if you have enough to build a claim or if more evidence is necessary. Though more information may be needed, speaking with an attorney can help begin the process and focus on the steps you need to take. Do not alert your employer to the fact that you are obtaining legal representation.
Yes. With the help of a qualified employment attorney, you can sue for discrimination in the state of California. You will need to go through a proper court process to determine if the offending party is officially guilty of the offense. However, with the help of an employment attorney, it is possible to sue for discrimination successfully. Our firm has experience with discrimination cases in several areas, including race, gender, sexual orientation, age, etc.
The most important qualification for a discrimination lawyer is experience. You want to find representation that has a significant amount of experience in discrimination cases such as yours. Find someone who has represented clients in very similar situations, and be as specific as possible when you discuss your experience. You also need to choose an attorney with whom you feel comfortable. You will need to discuss sensitive issues with your lawyer, so it is important to feel that you can speak openly.
Costs for a discrimination lawyer can vary depending on the case. In many cases, attorneys take between 30 and 40% of your settlement. However, other attorneys charge hourly or have other unique pricing. It is important to speak with any potential attorneys about how and what they charge so that you can take the information into consideration when deciding on your legal representation.
Our team has many years of experience in the complicated discrimination and employment law world. If you believe you are being discriminated against, contact The Law Office of Frank S. Clowney III immediately. We can begin to build your case as soon as possible.