Most cases of wrongful termination start with discrimination against the employee. While some types of unfair decisions by your employer are perfectly legal, state and federal laws prohibit adverse employment decisions made on the basis of protected categories, like race, disability, religion, and sex.
Those who are illegally fired may have grounds to file a job discrimination lawsuit against the employer. This type of legal action holds employers accountable, while securing much needed compensation for someone who was wrongfully terminated. It’s essential to have an experienced employment lawyer by your side as you embark on the legal process. Contact our law firm today and talk to our legal experts during a free case review.
Wrongful Termination Based on Discrimination
Discrimination in the workplace that leads to wrongful termination is a violation of Title VII of the Civil Rights Act, a federal law that prohibits discrimination by employers on the basis of protected characteristics. Though the Civil Rights Act has been in place since 1964, discriminatory conduct is commonplace at many job settings in California.
You may see acts of bias, preferential treatment, harassment, etc. when it comes to hiring or firing someone, giving promotions and bonuses, demotion to a lower position, layoffs, recalls, and many other employment decisions. If you believe that you were subjected to discriminatory treatment by your employer, including job loss, contact us immediately for information on filing a wrongful termination lawsuit.
Pregnancy Discrimination and Wrongful Termination
Title VII of the Civil Rights Acts includes an amendment known as the Pregnancy Discrimination Act, which was passed in 1978. Sadly, we still see cases of discrimination against pregnant workers, in spite of laws to try and protect women from losing their jobs and other negative actions by the employer. Women who are pregnant deserve the same employment benefits and opportunities as their non-pregnant colleagues. Pregnancy discrimination creates a toxic and disrespectful culture where women are inherently at a disadvantage and seen as less valuable than men.
Under the PDA, employers cannot make adverse employment decisions because a worker is pregnant, just gave birth, asked for maternity leave, or needs accommodations for medical conditions related to pregnancy. If you were terminated on the basis of being pregnancy or having had a child, you have the right to fight back and file a discrimination claim against your employer. A wrongful termination lawyer that specializes in pregnancy discrimination can help you navigate the legal system and get justice for the harm you suffered.
Firing Someone Based on Their Age
Age discrimination has to do with attitudes and practices in the workplace that discriminate against people who are 40 years of age or older. Protections under the Age Discrimination Employment Act (ADEA) apply if you work for a company with 20 or more employees. Under this law, you cannot be fired on the basis that you are 40 years old and above. If you were wrongfully terminated because of how old you are, make sure to consult a lawyer that specializes in age discrimination lawsuits. We know that you are more than just a number, and your age does not automatically take away your ability to perform your job duties in a competent and responsible manner.
Disability Discrimination as a Factor in Wrongful Terminations
Employers are prohibited from discriminating against workers with a physical or mental handicap, or a serious medical condition that makes it difficult for the person to perform major life activities. The truth is, disabled people are stigmatized in all areas of life, and this includes job opportunities and career advancement.
You are entitled to fair and equal employment opportunities as your non-disabled colleagues. Has your employer fired you after you were diagnosed with a serious injury or illness? Were you denied reasonable accommodations, like a more flexible work schedule, more rest breaks, or reassignment to a different work area? These are violations of the Americans with Disabilities Act, a federal law that offers protections for disabled individuals in the workplace. A disability discrimination lawyer can determine your eligibility for a lawsuit and help you take the necessary steps to sue your employer.
California Laws Prohibiting Wrongful Termination
Along with federal regulations, the laws in California protect workers from discrimination and wrongful termination. Termination based on discrimination by the employer is illegal under the
Fair Employment and Housing Act (FEHA). This legislation also prohibits discrimination based on protected traits, which include a wide array of characteristics, such as:
- Información genética
- origen nacional
- Race / color
- Religion / spiritual beliefs
- Género o identidad de género
- orientación sexual
- Having a physical or mental health condition
- Estatus militar o veterano
- Creencias políticas
FEHA regulations apply to any employer in California with 5 or more employees, so it’s more than likely that you are protected from discrimination at your job. Furthermore, your employer cannot fire you or engage in other acts of retaliation if you complain about discrimination by talking to Human Resources, submitting a labor board complaint, or initiating a lawsuit. While employers are aware of the laws, they may still take the chance of firing under the guise of poor work performance or another cause that you know is not true. Or, they can make the work environment intolerable to the point where quitting your job is the only option. This is a form of wrongful termination known as constructive discharge, which is another reason to initiate a claim against your employer.
Wrongful Termination Lawyers in Los Angeles
Laws exist to hold employers accountable when they choose to violate your employment rights. This includes laws against job discrimination and wrongful termination. However, a lawsuit for workplace discrimination is a complex and painstaking process, which is why you should contact an employment lawyer without delay.
California Labor Law Employment Attorneys Group is comprised of legal experts with decades of experience in wrongful termination and other acts of discrimination. We are a contingency-based law firm, so we do not ask for any legal fees upfront. The cost of representing you is covered by your employer and included in the settlement that’s paid to you at the end of your lawsuit. If you are not compensated from an employment rights violation claim, you owe us $0 under the terms of the Zero Fee Guarantee.
Our attorneys are waiting to speak with you during a free consultation, so give us a call, 24 hours a day, 7 days a week.
