Attorney to Sue LAUSD for Workplace Discrimination
If you believe that you have been discriminated against by the Los Angeles Unified School District (LAUSD), you may have the grounds to file a discrimination lawsuit against them to seek and collect restitution. The California Employment Attorneys Group is here to ensure that justice is served; to help you collect the necessary compensation to which you are entitled. Contact us today to make sure that you get the discrimination lawyers you deserve for the best representation possible if you feel that you were discriminated against by the LAUSD.
It is unlawful for employers to discriminate against their employees based on protected characteristics. You do not have to go that far back in America’s history to see the discrimination which plagued the American education system. Even though segregation became illegal, many employers and school districts were hesitant to fully adopt the policy. Even after more than 50 years, some employers and school districts continue to discriminate against their employees. In the dark days of American history, employers could simply fire or make employment decisions simply if they didn’t like your race, sex, country of origin, and other such factors.
Thanks to the Civil Rights Act of 1964, employers are no longer allowed to treat employees differently due to protected factors which have a history of being discriminated against. While a majority of employers do stick to the law and treat all of their employees equally, there are still some employers and school districts that discriminate against their employees.
If you believe that you have been discriminated against by the LAUSD, contact the California Employment Attorneys Group. Our team of legal experts can help you with any discrimination, no matter your employer. We handle discrimination cases from every facet of employment and can help you get the compensation you deserve.
What Is Discrimination?
Discrimination in the workplace occurs when your employer treats you differently or unfavorably because of a characteristic. It is unlawful for employers to discriminate against employees because of their race, sex, age, country of origin, skin color, disability, age, religion, sexual orientation, and gender expression/identity. This covers every facet of employment from the application, hiring, and termination process to the promotions and benefits available for employees. Employers cannot make decisions that are based on protected characteristics.
Employees who experience discrimination have the legal grounds to file a lawsuit against their employer. For example, let’s say you are a woman and there is a promotion available. You are the most qualified for the position, and so it would make sense for you to get the promotion. Your boss, however, believes that clients would much rather communicate with a man than a woman and so promotes another employee who’s not as qualified as you. Your boss has just discriminated against you because of your sex, and now you can file a lawsuit to collect the damages you deserve.
Do the Laws Apply to School Districts in California?
School districts must also comply with the laws of the land. The laws do not only apply to employers, but also the students and community members which attend the school. The Educational Equity Compliance Office (EECO) is the district’s office which enforces anti-discrimination laws for the civil rights of students. The EECO has district-wide responsibilities to ensure that all school districts comply with the anti-discrimination laws of the land so that all students and members of the community are treated equally and given a fair opportunity to succeed both academically and in life. The activities provided by the district should provide an environment that is free from discrimination, harassment, intimidation, and/or bullying. For example, if a student tries out for a sport but is rejected because of their religion, their rights have been discriminated against.
Teachers and other faculty members are protected by the government agencies which protect the lands such as the Civil Rights Act, Age Discrimination in Employment Act, Americans with Disabilities Act, Pregnancy Discrimination Act, and other such Acts which protect employees. For example, if a Black teacher applies for an English teaching position the employer cannot use their race as the factor which influenced their decision not to hire her. If the employer uses the fact that she is Black to not hire her, despite her being the best-qualified candidate, the employer has broken the law and the applicant can file a lawsuit against the school district.
How to File a Charge With the Equal Employment Opportunity Commission
Before you file a lawsuit and take the LAUSD to court, there is a process to which you must adhere. In order to properly sue your employer, you must first file a charge with a government employment agency. In the state of California, there are two available to you. There is the Equal Employment Opportunity Commission (EEOC), and the Department of Fair Employment & Housing (DFEH) – each handles separate laws which are meant to deter discrimination. The EEOC enforces the federal anti-discrimination laws, and the DFEH enforces the state anti-discrimination laws.
You must file your charge with one of these agencies, both protect your rights. The two agencies have a work-sharing agreement, which means that when you file a discrimination charge with one agency, another copy of your charge is created and sent to the other agency. This is meant to protect your rights under both state and federal laws, as well as to avoid any double charges against your employer. This practice of duplicating charges is known as “dual-filing.”
With most crimes, there is a statute of limitations under which you must act in order for your claim to be legitimate. The statute of limitations is the expiration date of the crime. If you do not file your charge, the agency may reject your claim and you will not be able to take your employer to court nor collect the necessary compensation to which you were entitled. Normally, under the EEOC, you have 180 days to file a charge against your employer with the agency. The deadline can be extended if the laws of your state protect employees on the same grounds. For example, race discrimination is illegal at the federal level so if your state’s anti-discrimination laws also include race, the two legal entities protect employees under the same grounds. When this is the case, the statute of limitations extends to 300 calendar day from the day you experienced the discrimination. If your discrimination is ongoing or took place over several days, you have 300 days from the day you last received the discrimination. Holidays and weekends do count against your countdown, but if the deadline falls on a holiday or weekend, your deadline is pushed to the very next business day.
Once you file your charge, and the agency launches the investigation, and deems that it was more likely than not that your employer violated the anti-discrimination laws, you can request a “right-to-sue” letter. The right-to-sue letter gives you the legal option to finally take your employer to court. We recommend that our clients only request this letter when they and their attorney are ready to move and take action against their employer – that is, taking them to court. This is because once you request the letter, you only have 90 days to move forward.
The California Employment Attorneys Group
We at the California Employment Attorneys Group are here to ensure that you get the justice you deserve. If your employer disregarded the law, they deserve to receive the right punishment for their blatant disregard for the law.
We offer free consultation, which gives you the opportunity to sit down with one of our attorneys to discuss your case. The attorney will give you their initial thoughts and tell you how you should proceed. Upon taking your case, we also offer the zero-fee guarantee. Our promise to you that we will not charge you for our services unless we can prove your case and get you the restitution you deserve.
Call the California Employment Attorneys Group today to see what we can do for you.