Lawyer to Sue LAPD for Discrimination
It is unlawful for employers like the Los Angeles Police Department (LAPD), to discriminate against their employees. If you believe that you have experienced discrimination in the workplace, you have the right to file a discrimination lawsuit against your employer, the LAPD, to receive compensation for the damages. The California Labor Law Employment Attorneys Group is here to ensure that justice gets served in case your employer disregards the law and acts unethically.
Apart from upholding the laws, the LAPD is must follow the laws of the land. This means that employees cannot be discriminated against. Title VII of the Civil Rights Act makes it unlawful for employers to discriminate against employees for characteristics which are intrinsic to their person. It is unlawful to discriminate against employees because of their race, color, country of origin, sex, religion, age, disability, genetic information, and sexual orientation. The state of California also makes it illegal for employers to act against an employee’s gender identity/expression.
The California Labor Law Employment Attorneys Group is here to protect your rights, and get you the compensation to which you are entitled.
What Is Discrimination?
Discrimination in the workplace occurs when an employee is treated differently than other employees or exposed to unfavorable conditions. It is illegal to discriminate against certain categories of people which are known as “protected classes.” These protected classes have a history of being discriminated against, and so Congress (because of civilian protest and resistance) made it illegal with Title VII of the Civil Rights Act of 1964 and the many amendments that have come after.
How to Prove Discrimination
You must provide the necessary evidence in order to prove that you were discriminated against. There are two forms of evidence you can provide, and each case is different, so if one way doesn’t apply to you, you always have the alternative. The first, and possibly the easiest way to prove discrimination, is through direct evidence. Direct evidence is any written or verbal statement made by your employer which implicitly states that the reason they are acting against you is due to the characteristics under which you are protected by law. For example, you are a Black employee for the LAPD and are up for promotion. However, your employer sends you an email which says that the reason you will not be promoted is because you are Black. This is racial discrimination and because you have it in writing, will be fairly easy to prove that the employer acted against you because of your race.
Most employers that will discriminate are smart enough to know that directly stating their unethical practice will open them up for a lawsuit, and so they try to be discreet about the way they discriminate. In this case, you will need to use indirect, or circumstantial evidence. To prove circumstantial evidence, an employee must answer “yes” to the following four questions:
- Are you a member of a protected class? – If you are claiming race discrimination, are you Black, Latino, Asian, Native American, or any other race?
- Were you qualified for the position? – If you required certain licenses and physical fitness, do you have those qualifications?
- Did your employer take action against you? – Were you demoted, fired, denied benefits? Any measures taken against you?
- Were you replaced by someone who is not in your protected class? – If you are Latino and were demoted and your replacement is someone who is white, for example.
How to File a Lawsuit
In order to properly sue your employer, you must first file a charge with an employment government agency. There are two available to you in the state of California which operate at the federal and state level. The Equal Employment Opportunity Commission (EEOC) enforces the federal anti-discrimination laws, while the Department of Fair Employment & Housing (DFEH) enforces the state’s anti-discrimination laws.
The EEOC and DFEH have a work-sharing agreement, which means that when you file a charge with one agency a duplicate copy of your charge is created and sent to the other agency. This practice is known as dual-filing and is meant to protect your rights at the federal and state level.
These agencies must receive and decide on your charge before you can take your employer to court to seek restitution for their wrongdoing and affecting your employment.
Under the EEOC, you have 180 calendar days to file your charge from the day you first experience discrimination – whether it be harassment, termination, demotion, or something other activity that impacted your employment. This deadline is called the “statute of limitations” and is the amount of time you have to file any legal action for a crime. If you wait and exceed the statute of limitations there is very little you can do, and the courts may throw your case away because the statute has expired. The 180-day statute of limitations can be extended if the anti-discrimination laws of your state and the federal laws protect discrimination on the same basis. So because something like race discrimination is protected by both federal and state laws, the statute of limitations extends. When acts are protected by both sets of laws, the statute of limitations extends to 300 calendar days.
Weekends and holidays do count against your statute of limitations, but if the deadline happens to fall on a holidays or weekend, the deadline is pushed to the next business day. We do not recommend waiting until the very last day to file your charge as there may be paperwork or documents missing or filled out incorrectly in your charge.
Once the agency investigates, they may conclude that it was more likely than not that the LAPD discriminated against you and violated your rights. You can then request a “right-to-sue” letter which will then give you the right to take your employer to court. It is recommended that you only request this letter once you and your attorney are ready to take action as you only have 90 days to act once you receive this letter.
The California Labor Law Employment Attorneys Group is here for you. All of our clients are matched with the best possible attorney for their case. We offer free consultation, so you’ll be able to sit down with one of our lawyers and explain your case to them. They will give you their initial thoughts and all of the information you need to make an informed decision. To further prove that we are here for you, we offer the zero-fee guarantee. This means that you won’t pay for our services unless we are able to prove your case and get you the compensation you deserve. The California Labor Law Employment Attorneys Group is here for you. Call us today to see what we can do for you.