Workplace discrimination is an issue that no employee should have to go through, whether before the hiring process or after it. Employers have a duty to all of their workers: they are required to treat them properly, fairly, and equally, and to discriminate against them on certain grounds is not only outlawed, but immoral and base. There have been numerous Federal laws passed that prevent discrimination in the workplace from occurring, but unfortunately, the existence and enforcement of those laws is not enough to stop employers from committing the actions. Our Fresno attorneys that have experience in employee job discrimination lawsuits are committed to helping workers who have been discriminated against. There is no excuse for employers who actively and knowingly participate in discriminatory acts, and affected workers deserve fair compensation for their suffering. We can help you file a lawsuit against your boss if need be.
What is Workplace Discrimination?
Workplace discrimination can encompass many actions. It can be a refusal to hire someone based on certain traits, like skin color or race; it can be harassment due to specific qualities, such as sexual orientation or political affiliation; and it can even be different treatment because of a natural occurrence, such as age or pregnancy. Some common examples of workplace discrimination include being targeted for your:
- Nation of Origin
- Political Affiliation
- Sexual Orientation
- Disability or Handicap
These traits can be abused by hiring managers, bosses, supervisors, and other coworkers. For example, there is a spot on job applications where you can mark your ethnicity; it would be an example of discrimination if a hiring manager refused to hire you based on your selected choice (although it is expressly stated that the answer would not be used in the hiring process). Many times, our law firm gets clients who have coworkers who have gone out of their way to harass those who are culturally different or who hold different beliefs. There have been instances of homophobia and misogyny at various companies and businesses over the years, and sadly, not every employer has taken necessary action to prevent these things from occurring.
What Laws Prevent Workplace Discrimination?
There are numerous laws in place, but the most well-known encompass the main areas of discrimination. These Acts include:
The Civil Rights Act of 1964: This Act was signed to prevent discrimination based on race, religion, color, gender, sexual orientation, and more. It is one of the fundamental laws that protects workers from being harassed or treated differently because of their traits.
The Age Discrimination in Employment Act of 1967: This Act tackled the issue of discrimination due to age; specifically, of those adults over the age of 40. Some employers will look at these individuals as liabilities in some way; it is easier to hire a worker who will not have as many requirements, who will not need to leave early to take care of family duties, and who will not need as many benefits – all qualities that younger workers exhibit. Even as people get older, companies cannot force them to retire or begin to faze them out because of their ages.
The Americans with Disabilities Act of 1990: There are certain jobs that the physically disabled cannot adequately or reliably perform, but if their disabilities do not impede with their work abilities, employers cannot discriminate against them. Additionally, they must be able to provide reasonable accommodations for those who are disabled in some way, such as by allowing ease of access to facilities. Employers also must adhere to certain rules if an employee becomes disabled while working at the company; you cannot be fired unless there would be a financial hardship on the business or if the accommodations would be completely unreasonable.
Of course, employers routinely do everything they can to circumvent these laws. You will very likely not be aware that you were refused hire because of your race, for instance; hiring managers will not inform you of that fact because of the legal repercussions. However, if you feel that you are being passed over because of certain qualities and other individuals are being unfairly rewarded, you may need to pay closer attention and surmise if there is discrimination occurring. Observing and acknowledging workplace discrimination can be very difficult.
For more information, you can reach out to an experienced Fresno attorney for workplace discrimination cases.
How Can I Prove Workplace Discrimination?
The most damning evidence you could have to prove workplace discrimination is an admittance of fault or prejudice by a manager, supervisor, boss, or coworker. However, that will seldom, if ever, happen. You will likely not be told that you are being discriminated against, and the person committing the action will not leave evidence lying around that would incriminate him.
Instead, you should document the occurrences as they happen. Keep a journal that can be verified and shown to be true; along with this journal you should include photographs of anything harassing (such as obscene photos, offensive objects, and more) and audio or video evidence of the discrimination occurring.
Of course, in addition to your own evidence, you should approach authority figures to try and tackle the issue. Some bosses and supervisors will want to handle the problems, while others will be more hands-off and expect you to do nothing about it. You should document these attempts as best you can. You also must go to your Human Resources Department to file a complaint; you can do this via email as well as in person, but regardless, you need to hold on to the document showing that you approached the department with an issue.
If your Human Resources Department does not take action, you should reach out to a discrimination attorney in Fresno for more assistance.
What Can I Receive in a Lawsuit?
When you attempt to file a lawsuit, you should have all of the evidence mentioned above prepared and ready to be sent out. An attorney will be able to file a claim on your behalf and request compensation and a change. If you were fired because of discriminatory practices, you may be able to be reinstated into your old position. Regardless, with help of an attorney, you can receive:
- Lost Wages: Sometimes, the discrimination or prejudice is so prominent that you are required to take leave; you may even be fired over the issue. If this occurs, you can collect the earnings that you would have accrued if you successfully win your lawsuit.
- Pain and Suffering: The mental and emotional troubles that accompany workplace discrimination can take a heavy toll on you. Moving past these traumas can be very draining and require months or years of assistance and therapy. Emotional damages like PTSD, fear, anxiety, psychological trauma, and more can be compensated.
- Punitive Damages: Punitive damages are additional forms of monetary compensation that are handed out to punish the defendant from committing the actions again. These damages are sometimes viewed as excessive, and as a result, only qualified attorneys will be able to win them. These damages are not available in every time of discrimination case; your lawyer can give you more information.
You should not be expected to take legal action against a prejudiced employer and not receive any compensation in return. You deserve to be fully covered in the event that you are harassed, fired, treated unfairly, or lose any wages because of workplace discrimination. A Fresno workplace discrimination lawyer will be able to help.
How Do You Help?
Our law firm, the Employee Justice Legal Team, does everything we can to bring you the fairest settlement possible. We will aggressively fight for your rights as an employer and will not stop until we bring you an offer you are satisfied with. Your employer may try to prove that he was not acting with any prejudice, but if you have enough evidence, we will be able to show that his actions were wrong and need to be corrected. We will negotiate with insurance agents, and if need be, we are willing to take your case all the way to court. We promise to exhaust all necessary options to bring you what you deserve.
Additionally, we speak Spanish and can offer bilingual assistance to those who need it. A Spanish speaking attorney will be available to take your call and help you start your claim. All too often, we see clients who face hardship and are unable to get the assistance they need because their law firms of choice are not able to effectively communicate with them. You will be able to speak with a lawyer who can speak Spanish when you contact us.
Call our firm today to schedule a consultation with an expert attorney. All of our consultations are totally free and entirely confidential; you will never have to worry about your private details being leaked or told to anyone outside of our office. Your workplace will never get a word that you are planning to pursue legal action, and we will not jeopardize your career in that way.
Further, if you select us for legal action, you will be given a zero fee guarantee on your claim. This promises that you will never pay us any out of pocket expenses for our services – we will only get paid if we win your case. The fees we charge will be taken from the settlement we earn for you, guaranteeing that you will never touch your own money for legal bills. If we lose, you will not have to pay us a dime, and we will cover the case’s expenses ourselves.
Reach out to our law firm to speak with a Lawyer with experience in employment discrimination cases in Fresno so you can sue your employer.