It can be very daunting to deal with workplace discrimination. There is no telling when it can happen and who will commit it – you may be subjected to discrimination by your employer or by coworkers. It can be difficult to identify as well, especially if the atmosphere of your workplace is filled with jokes and insults. It can be hard to draw the line and determine when a person is joking in bad taste or making malicious statements. For this reason, it is important that you understand what workplace discrimination is and acknowledge how it can affect your job performance. If you feel that you have been victimized by an individual at work because of a trait you possess, such as your race and religion, you may be able to file a workplace discrimination lawsuit. An experienced Modesto attorney for workplace discrimination cases can help you determine if you suffered prejudice at your job.
Laws and Protected Classes
Workplace discrimination has been outlawed by the Federal government. There have been a few Acts imposed that protect workers from their employers through all stages of employment. This means that you cannot be discriminated against when you are hired, when you are under contract with the company, and when you are released.
The laws that protect you include the Civil Rights Act of 1964, which has a section that prevents employers from discriminating against employees based on race, color, religion, nation of origin, sex, gender, and more; the Age Discrimination in Employment Act of 1967, which disallows employers from discriminating against workers who are over the age of 40; and the Americans with Disabilities Act of 1990, which protects workers who are handicapped or disabled in some way.
Additionally, California protects workers based on their statuses as marital status, gender identity, presence of AIDS or HIV or other medical conditions, political affiliations and activities, and veteran or military status, as well as other classes.
Examples of Workplace Discrimination
Workplace discrimination can take place at any point during the employment process.
If you had a job interview with a company but were ultimately passed over because of your skin color, you could very easily file a claim for discrimination. However, there is almost no surefire way of knowing that your skin color was the reason for your passing – the employer would have had to have admitted it.
The same difficulty is present when you are already an employee. You may notice that you are not given the same duties as other workers or that you are required to do more menial and less engaging tasks. You may take note that all women at your workplace are given these kinds of tasks, despite being able to complete others equally as quickly and accurately.
Further, you may be fired for unknown reasons, but another person who fits the majority of workers’ qualities may be hired in your stead.
Other examples of workplace discrimination include:
- Reduced or cut hours
- Docked pay
- Paid less salary
- No offers of promotion or benefits
- Violation of civil and employee rights
- Harassment from coworkers
You may be able to file a lawsuit against your boss if you were discriminated against in your workplace and the discrimination cost you wages or caused you mental anguish.
Filing a lawsuit for workplace discrimination can be tricky. You will need to have ample evidence to prove that you were discriminated against. Most of the time, you will not be able to prove your employer’s intentions were prejudiced. You will need to showcase why you believe you were discriminated against, including keeping track of any offensive remarks, instances where you were passed over for raises or promotions, and more. You should also try to resolve the issue first by filing a complaint with your company’s Human Resources Department.
In the event that the Human Resources Department does not help you, you should hold on to the evidence that you attempted to resolve the issue. Any other eyewitness statements, or corroborating stories from coworkers, can be used to help bolster your claim.
It is also very important to understand how long you have to file a lawsuit. The statute of limitations for filing a workplace discrimination lawsuit is 180 days from the date of the incident. This deadline is lengthened to 300 days if there is also a State or local law that prohibits the discrimination from occurring. Often, this is the case, but it helps to understand State laws and what counts as protected classes so you will not get the wrong idea.
However, if you work for a government agency of some sort, your deadline to file a claim is drastically reduced to only 45 days. This is a very short amount of time, and compiling evidence can take much longer than you had anticipated. Therefore, we always recommend seeking legal assistance at the earliest possible convenience. A lawyer with experience in employment discrimination cases in Modesto will be able to ensure that you never miss a deadline for your lawsuit.
With the help of a Modesto workplace discrimination lawyer, you can earn various types of compensation for your lawsuit. Keep in mind that we always recommend taking legal action with the assistance of an attorney. If you choose to file a lawsuit by yourself, you may find that you do not have the time, energy, or money required to keep up with the requirements and constant negotiations and presentations of evidence. You very likely will need to dedicate time elsewhere, such as towards seeking other employment opportunities. An attorney will make the entire legal process much easier.
The compensation you can earn from a workplace discrimination lawsuit includes the following:
- Lost Earnings: You may be docked pay or refused benefits because of prejudiced actions. Further, you may be sent home or even temporarily put on leave because you filed a claim for discrimination. These wages can be reimbursed for the time you missed from work or the time you will miss work in the future because of legal proceedings. Also, you may be able to receive the promotion, raise, or benefits that you were attempting to garner.
- Pain and Suffering: Discrimination of any kind can cause intense mental stress, whether it’s sexual, racial, religious, or anything else. You may suffer from psychological trauma, fear, anxiety, PTSD, emotional anguish, and more, all of which can be compensated. Just because there are no physical injuries does not mean there are no mental damages.
- Punitive Damages: These damages can be handed out in instances where your coworker or employer intentionally acted with the intent to harm you in some way. These damages are purely financial and are meant to punish the individual and dissuade him from committing the actions again in the future. However, many courts view these damages as excessive, and only an accomplished lawyer will be able to win them for you. Further, not every type of workplace discrimination case will have the ability for you to win the damages.
Reach out to our Modesto attorneys that have experience in employee job discrimination lawsuits so you can get started filing your lawsuit.
Benefits to Using Our Law Firm
One of the key reasons many clients come to us to receive legal assistance is because of our commitment to them. We will not treat you like a number – you are like an extended member of our family, and we dedicate our work to you the same way we would for our loved ones. You deserve to be treated fairly by your employer, and we made it a goal to represent victims of workplace discrimination, as well as any employee who has had his rights violated.
We will aggressively work to bring you the compensation you deserve, and our lawyers will not stop until you are satisfied.
Further, we know that it can be difficult to seek legal action if English is not your first language. Therefore, we have made sure that you can always speak with a lawyer who speaks Spanish; you should never feel as though you are not entitled to legal help because of a language barrier. If your employer has purposely tricked you in some way or used the language barrier as a way to discriminate against you, we can help. A Spanish speaking attorney will be available to take your calls.
Get in touch with the California Labor Law Employment Attorneys Group today to schedule a free consultation with a discrimination attorney in Modesto. All of our consultations are completely confidential. If you use our legal services, you will not have to pay a single dime for our help; our fees will get taken care of when we bring you a settlement, and the money comes from the damages your employer must pay. If we lose, you owe us nothing at all.
If you need to sue your employer for workplace discrimination, contact our law group in Modesto today.