Victims of workplace discrimination deserve to be fairly compensated for their damages. Unfortunately, it can be very difficult to prove prejudiced actions happened; a lot of discrimination happens behind closed doors and is explained away as coincidental or imaginary. Employers have perfected being able to operate against the law without getting caught, and if they choose to act in a discriminatory manner, they are well-prepared to deal with potential consequences. Our Bakersfield attorneys that have experience in employee job discrimination lawsuits are here to help you earn the compensation you deserve if you have suffered prejudice in the workplace. The Employee Justice Legal Team promises to do everything we can to acquire a settlement you are proud of. Clients should be aware of all of the details of workplace discrimination so that they are prepared to deal with a lawsuit.
Common Examples of Workplace Discrimination
Workplace discrimination is sometimes difficult to identify. You may not be aware that you are being discriminated against; it can sometimes look as if you are being mistreated because of other favoritism or because of a peer’s positive work performance. However, if there is a pattern of behavior that you can trace, you may come to the conclusion that you are being discriminated against.
For example, if you have been working at a company for some years but find yourself always passed over for promotions and raises despite positive work performances and glowing reviews, you may wonder what the reasoning is. If the people who were selected were all of a similar race or fit a certain attribute, such as identified as a specific ethnicity or religion, you may be able to claim discrimination. Prejudice in these instances is an innately wrong occurrence; job advancement should be based on work performance, and employers who allow personal prejudices to dictate their choices are operating against the law and immorally.
Additionally, your coworkers may harass you because of your religion, sex, or sexual orientation. Many times, these coworkers’ actions go unpunished because the company does not want to bring negative press onto itself, or it does not want to potentially risk losing profits because a member of the team was fired.
Another common instance of workplace discrimination involves different treatment because of your age. Many times, young workers are given preferential treatment and afforded more opportunities, usually because employers know their careers may not be as long lasting at the company. Older workers who have families and established paths in life require more benefits and equality to retain them; thus, it would be easy to have a high turnover rate for young employees, and it will be less expensive in the long run. Not only that, but any job duties and responsibilities that could be given out may be deferred to young people in the name of efficiency, but in reality, the practice is discriminatory if you are wholly able to complete the actions yourself.
You should always be on the lookout for discrimination at the workplace. If you undergo a situation that may make you suspicious, you should consult with an experienced Bakersfield attorney for workplace discrimination cases. You can learn more about whether or not your treatment may be grounds for a lawsuit.
The Law Regarding Workplace Discrimination
There are various Federal and State laws that make it illegal to discriminate against certain classes of people. These classes include race, gender, color, nation of origin, religion, sex, disability, age, citizenship, and more. The Civil Rights Act of 1964 outlawed discrimination based on the majority of these classes, while the Age Discrimination in Employment Act prevented employers from discriminating against those aged 40 and above. Further, the Americans with Disabilities Act of 1990 outlawed discriminating against those with physical disabilities or handicaps if the person could complete the job with or without reasonable accommodations.
In California, there are even more protected classes of workers. California is one of the states that protects its workers more than any other. The classes include ancestry, medical condition, disease, political affiliation or activities, military or veteran status, and victim of violence (whether it be domestic violence, stalking, assault, or any other). This means that employers cannot make decisions about your career and cite these classes as reasons for those decisions.
If you need help learning more about the laws, contact a lawyer with experience in employment discrimination cases in Bakersfield.
What Results from Workplace Discrimination
If you are a victim of workplace discrimination, you may have suffered more than just harassment. The prejudice could have affected your income in various ways and had a profoundly negative effect on your mental state. Some results of discrimination include:
- Docked pay
- Reduced hours
- Passed over for promotion
- Not given a raise
- Interference in job duties
- Violation of rights (employee or civil)
- Given lesser duties
- Given too many duties to complete
- Refusal to grant benefits or worker’s compensation
Suffering these damages can be grounds to sue your employer for workplace discrimination.
Proving Workplace Discrimination
It can be difficult to prove that workplace discrimination occurred. There are many instances that can be chalked up to simple insensitivity, tasteless teasing, or meanness. The company will surely use these excuses to defer potential lawsuits. You need to have ample proof I you want to file a workplace discrimination lawsuit against your employer. This proof should include:
- Documented evidence that you approached Human Resources or your supervisor for assistance with the problem. This can be in the form of an email or written request. If you do not alert your employer to the issues, you may have a harder time with a lawsuit.
- A list of the offenses as they occurred. If you have a journal in which you recorded all of the grievances, you can submit it as evidence. However, this can be easily fabricated, so you should have supplementary evidence.
- Photos of any offensive materials, as well as video evidence of harassment and audio recordings or discrimination. This can all prove that you were not making anything up in the journal.
- Witness testimony and statements. Other coworkers can back up your claims and give credence to your statements if they were privy to conversations filled with discrimination or if they also believe you were mistreated. There is also the possibility that they are victims of discrimination as well, and the more people who are affected by a company’s actions or a coworker’s prejudice, the stronger the lawsuit will be.
A Bakersfield workplace discrimination lawyer will be able to help you compile all of this evidence in a lawsuit.
A Bilingual Firm
Some instances of workplace discrimination occur against immigrants from other countries or people who have relocated here from other parts of the state. Not every worker speaks English fluently, and the lack of perfect understanding can be a huge detriment and a reason for misunderstanding. Employers may even purposely word things in a way to confuse their employees and trick them into unfair contracts.
If you need a lawyer who speaks Spanish to help with your workplace discrimination claim, you should contact our law firm. A Spanish speaking attorney will be available to talk with you about your case.
How We Help Employees
Our experienced lawyers at the Employee Justice Legal Team are available to help employees who have suffered workplace discrimination. We plan to help you recover your lost wages, receive pain and suffering damages, and collect punitive damages (if they are available). We will not stop working to bring you justice and to ensure that you are treated fairly. Your rights as an employee and a civilian are extremely important, and if they are violated, you should have some form of restitution, especially if the responsible party is a business. We will aggressively work to bring you the compensation you deserve.
Call our Bakersfield law firm today if you want to schedule a free consultation with one of our accomplished lawyers. All of our legal consultations are completely confidential; you will never have to worry about your information being leaked from our offices. You will be able to ask us any questions you want about employment law, workplace discrimination, and more, and we will be glad to look over your case and tell you what we think you can earn and if it is a viable lawsuit. We will be honest with you regarding your claim, and if you want to hire us for legal representation, we can offer you a zero fee guarantee. This guarantee promises that you will never pay us any out of pocket expenses for our services. Our fees will only be covered if we win your case, and the money will be taken from the settlement we bring you. If we lose, we receive nothing at all.
To file a lawsuit against your boss with the help of a discrimination attorney in Bakersfield, call our law firm today.