Any unfair or discriminatory treatment of employees based on specific protected categories, qualities, or characteristics is referred to under California law as “employment discrimination” or “harassment.” Discriminatory or harassing conduct at work can take many different forms, including but not limited to retribution, harassment, unlawful termination, and unequal compensation. Workers have a legal basis to launch a discrimination or harassment investigation and file a claim or complaint upon infringement of their rights to work in an environment free from discrimination and harassment. To tackle these pressing issues, employees who have been discriminated against or harassed can seek the counsel of an employment lawyer at UELG to effectively navigate California’s complex legal landscape.
Overview of California and federal civil rights laws that provide California employees protection from, and ways to redress, workplace discrimination and harassment.
California’s extensive anti-discrimination and harassment laws provide guidelines on what prohibited discrimination and harassment is in the workplace, as well as how to file legal employment discrimination and harassment claims against abusive employers or coworkers. Assistance from a knowledgeable and experienced employment lawyer can help you understand your rights, navigate the legal system, and file a claim or lawsuit.
Workplace “discrimination” and “harassment” are similar, yet subtly different, and both are prohibited by California and federal law.
Discrimination occurs when an employer or coworkers treat members of a protected class unfairly, either directly or indirectly, as a result of their membership in that class. Discrimination often involves being excluded from work opportunities and can include being paid less than persons not in the protected class, not getting a job, not being promoted, or being passed over for a raise.
Harassment is also a form of discrimination, but instead involves negative actions toward individuals due to their membership in a protected class, which in effect creates of hostile work environment. Examples of harassment include unwelcome advances, hurtful or offensive remarks, verbal abuse, or cyberbullying, to name a few.
Protected classes in California include religion, color, national origin, ancestry, physical or mental disability, medical condition or genetic information, marital status, sex, gender, gender identity or gender expression, age (for persons over 40), sexual orientation, or military/veteran status. Protected classes can also include status as a victim of domestic violence, assault or stalking, and political affiliation or activities.
California’s Fair Employment and Housing Act (FEHA) is the most widely known and comprehensive of the laws that combat workplace discrimination and harassment in California. The FEHA is designed to protect workers from discrimination and harassment in the workplace based on the protected classes listed above. The FEHA also provides guidance on how employees can file workplace discrimination or harassment claims against their employers or coworkers.
The federal Title VII of the Civil Rights Act of 1964 also specifically addresses discrimination and harassment in the workplace based on protected characteristics. Other federal laws that prohibit harassment include the Americans with Disabilities Act (ADA) and the Age Discrimination in Employment Act (ADEA).
A victim of workplace discrimination or harassment may decide to pursue legal action. To bring a claim for discrimination or harassment under California law, a complaint must be filed (online, by mail, or in person) with the California Civil Rights Department (“CRD”)(formerly the Department of Fair Employment and Housing (“DFEH”)) within three years of the discriminatory or harassing act. Or, a right-to-sue letter can be obtained from the CRD to allow a lawsuit to be filed in court against the employer. If you file a claim under federal law, then a complaint should be filed with the U.S. Equal Employment Opportunity Commission (“EEOC”). The CRD or the EEOC will conduct an administrative investigation and may decide to pursue an action on your behalf. If they take no action, you can pursue your claim by filing a lawsuit in court.
It is important to note that under California law, discrimination or harassment administrative complaints must be filed with California’s CRD within 3 years of the date of the incident; once you receive a right to sue letter from the CRD, you have 1 additional year to file a lawsuit with the California courts. Federal claims must be filed with the federal EEOC within 180 days of the incident (but may be extended to 300 days under certain circumstances). It is best to file a claim as soon as possible after the discrimination or harassment occurs in order to not miss these deadlines.
Employees who encounter discrimination or harassment at work can better utilize the available statutory protections and fight for justice by speaking with an experienced UELG employment lawyer. The dedicated lawyers at UELG have the necessary experience, knowledge, and skill to help workers facing workplace discrimination and harassment successfully navigate the legal system, and can help them gather evidence and navigate the legal process in order to hold abusive employers and coworkers accountable.
An employment lawyer can play an essential role in providing guidance and support to help secure employee rights against workplace discrimination and harassment.
To help protect an employee’s rights against discrimination and harassment at work, an employment lawyer can provide essential guidance and assistance. An employment lawyer can act as a labor advocate, and provide crucial legal knowledge to negotiate the complex terrain of anti-discrimination and harassment legislation. In an effort to resolve workplace conflicts as efficiently and successfully as possible, employment attorneys can assist victims in gathering information, submitting discrimination and harassment claims, and negotiating with employers. They vigorously litigate on behalf of their clients to make sure they do all they can to see that justice is served. These committed attorneys serve as part of an essential network of support, enabling employees to report instances of discrimination, pursue redress, and establish a work environment free from bias, harassment, and unjust treatment. Their dedication to protecting workers’ rights is a ray of hope for those who are subjected to employment discrimination and harassment. A skilled employment lawyer will staunchly stand by your side until the day you achieve justice and fair compensation.
Get solid legal advice and representation at UELG if you face workplace discrimination or harassment.
UELG attorneys are among those employment lawyers who play an essential role in providing guidance and support to employees who face workplace discrimination and harassment. At UELG, we are dedicated to providing solid legal advice and representation to employees who have experienced workplace discrimination or harassment. Our employment lawyers are proficient in California’s discrimination and harassment statutes and have a track record of winning justice. We are mindful of the psychological and monetary effects of workplace discrimination and harassment on victims and their families. To help workers affected by workplace discrimination or harassment, UELG lawyers provide experienced and skillful legal guidance to help affected workers stand up against discrimination and harassment and stand up for their civil liberties.
A UELG employment lawyer will provide you with guidance and skillful strategy at every stage of the court proceedings. We will assist in the process of obtaining evidence, bringing a discrimination or harassment claim or complaint, and will negotiate with employers and their legal representatives to achieve a just result.
Conclusion
The repercussions of experiencing employment discrimination and harassment in California can have severe effects on the livelihoods of workers and their families. Employees should not have to endure workplace discrimination or harassment in silence; instead, they should have the freedom to speak up and seek justice and compensation for all financial losses and emotional harm suffered. If you have been treated unfairly, or have been discriminated against or harassed at work, get in touch with an employment lawyer at UELG. We are here to provide you with skilled and experienced legal counsel and to support you in your pursuit of justice. get in touch with the lawyers at UELG at (888) 455-7434.