At Yoosefian Law Firm, P.C., we are dedicated to advocating for employees who have faced discrimination in their workplace. Our team of skilled employment discrimination lawyers understands the complexities of California and federal employment laws, and we are committed to helping you navigate these challenging situations.
What is Employment Discrimination in Los Angeles?
Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of their membership in a protected class. While federal law provides certain protections, California’s Fair Employment and Housing Act (FEHA) offers even broader worker safeguards.
Protected Characteristics Under California Law
California law prohibits discrimination based on:
- Race: This includes discrimination based on an individual’s racial or ethnic background, including physical characteristics associated with race.
- Color: While often linked to race, color discrimination specifically refers to treatment based on the lightness, darkness, or other aspects of one’s skin color.
- National origin or ancestry: This protects individuals from discrimination due to their country of birth, cultural background, accent, or because they appear to be of a certain ethnic background.
- Religion: Employees are protected from discrimination based on their beliefs, practices, or lack thereof. This includes the requirement for reasonable accommodation of religious practices.
- Sex and gender: This protects individuals from discrimination based on their biological sex and gender identity or expression.
- Gender identity and expression: This specifically protects individuals whose gender identity or expression may differ from their assigned sex at birth, including transgender and non-binary individuals.
- Sexual orientation: Employees are protected from discrimination based on their actual or perceived sexual orientation.
- Age (40 and over): This protects individuals aged 40 and older from age-based discrimination in employment.
- Disability (physical or mental): This covers physical and mental impairments substantially limiting one or more major life activities. Employers must provide reasonable accommodations for qualified individuals with disabilities.
- Medical condition: This includes any health impairment related to or associated with a diagnosis of cancer or a record or history of cancer, as well as genetic characteristics.
- Genetic information: This protects individuals from discrimination based on genetic tests, family medical history, or requests for genetic services.
- Marital status: Employees cannot be discriminated against based on whether they are single, married, divorced, separated, or widowed.
- Military and veteran status: This protects current and former military members, including reservists and members of the National Guard, from discrimination.
How We Can Help as Your Employment Discrimination Attorneys
At Yoosefian Law Firm, P.C., we understand the emotional and financial toll that workplace discrimination can take on individuals and their families. As your dedicated employment discrimination lawyers, we’re committed to providing comprehensive legal support throughout your case. Here’s how we can assist you:
Thorough Case Evaluation: When you come to us, we’ll conduct an in-depth assessment of your situation. Our team will listen carefully to your story, review any documentation you have, and determine if you have a viable claim under California or federal law.
Customized Legal Strategy: No two discrimination cases are alike. We’ll develop a tailored legal approach that addresses the unique aspects of your case, leveraging our extensive knowledge of employment law to your advantage.
Meticulous Evidence Gathering: Building a strong case requires solid evidence. Our employment discrimination attorneys will guide you in collecting and organizing crucial documentation, identifying potential witnesses, and securing any other evidence that supports your claim.
Skilled Negotiation: Many cases can be resolved without going to court. Our experienced lawyers will negotiate with your employer or their legal representatives, always with the goal of securing the best possible outcome for you.
Robust Litigation Representation: If a fair resolution cannot be reached through negotiation, we’re fully prepared to take your case to court. Our employment discrimination lawyers are seasoned litigators who will vigorously advocate for your rights before a judge or jury.
Administrative Complaint Filing: We’ll handle the filing of necessary complaints with relevant agencies such as the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
Ongoing Support and Communication: Throughout your case, we’ll inform you about its progress, explain complex legal concepts in understandable terms, and be available to address your questions and concerns.
- Workplace Rights Education: We believe in empowering our clients. We’ll help you understand your rights in the workplace, enabling you to recognize and address potential discrimination in the future.
At Yoosefian Law Firm, P.C., we’re more than just your legal representatives – we’re your advocates and allies in the fight against workplace discrimination. Our goal is to seek justice in your case and contribute to creating fairer, more equitable workplaces for all Californians.
Don’t face discrimination alone if you believe you’ve experienced employment discrimination. Contact us today to schedule a consultation with one of our dedicated employment discrimination attorneys. Let us put our knowledge, experience, and commitment to work for you.
Common Forms of Workplace Discrimination
At Yoosefian Law Firm, P.C., we’ve encountered various forms of employment discrimination throughout our practice. Understanding these different types can help you identify potential issues in your workplace. Here are some common forms of discrimination we see:
Unfair Hiring Practices
Discrimination can begin before you even start a job. This may include:
- Refusing to hire someone based on a protected characteristic
- Using job advertisements that show preference for certain groups
- Asking discriminatory questions during interviews
- Implementing hiring policies that disproportionately exclude certain groups without a legitimate business reason
Wrongful Termination
This occurs when an employee is fired due to their membership in a protected class. It can also include constructive discharge, where working conditions become so intolerable that an employee feels forced to resign.
Unequal Pay or Benefits
Pay discrimination happens when employees performing substantially similar work are paid differently due to their protected status. This can include:
- Offering lower salaries or hourly rates
- Providing fewer opportunities for bonuses or commissions
- Giving unequal access to benefits like health insurance or retirement plans
Denial of Promotions or Training Opportunities
This form of discrimination involves:
- Passing over qualified employees for promotions due to their protected status
- Providing unequal access to training or development programs
- Setting unreasonable standards for advancement that disproportionately affect certain groups
Harassment or Hostile Work Environment
While often discussed separately, harassment is a form of discrimination that creates a hostile, offensive, or intimidating work environment. This can include:
- Offensive jokes, slurs, epithets, or name-calling
- Physical assaults or threats
- Intimidation, ridicule, or mockery
- Insults or put-downs
- Offensive objects or pictures
Failure to Provide Reasonable Accommodations
Employers are required to provide reasonable accommodations for employees with disabilities or certain religious practices, unless doing so would cause undue hardship. Discrimination can occur when an employer:
- Refuses to make reasonable workplace modifications for employees with disabilities
- Denies reasonable adjustments to work schedules for religious observances
- Fails to provide appropriate accommodations for pregnant employees
Retaliation for Reporting Discrimination
It’s illegal for employers to punish employees for reporting discrimination, participating in discrimination proceedings, or opposing discriminatory practices. Retaliation can take many forms, including:
- Termination or demotion
- Salary reductions or loss of hours
- Transfers to less desirable positions or locations
- Increased scrutiny or negative performance reviews
Age Discrimination
This affects workers 40 years or older and can manifest as:
- Favoring younger workers in hiring or promotions
- Implementing policies that disproportionately impact older workers
- Making age-related comments or jokes
- Pressuring older workers to retire
Pregnancy Discrimination
This involves treating a woman unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. It can include:
- Refusing to hire pregnant women
- Denying promotions or training opportunities
- Failing to provide reasonable accommodations for pregnancy-related conditions
As employment discrimination lawyers, we at Yoosefian Law Firm, P.C. are well-versed in identifying these and other forms of workplace discrimination. If you believe you’ve experienced any of these issues, we encourage you to contact us. Our team can help you understand your rights and explore your legal options.
The Legal Process for Employment Discrimination Cases
When you work with an employment discrimination attorney from Yoosefian Law Firm, P.C., we’ll guide you through each step of the legal process:
- Initial Consultation: We’ll discuss your situation and evaluate the strength of your case.
- Administrative Complaints: In many cases, we’ll need to file a complaint with the appropriate agency, such as the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC).
- Investigation: The relevant agency will investigate your claim, and we’ll work closely with them to provide the necessary information.
- Mediation or Settlement: Many cases are resolved through negotiation or mediation, and we’ll represent your interests throughout these processes.
- Litigation: If a satisfactory resolution isn’t reached, we’re prepared to file a lawsuit and represent you in court.
Why Choose Yoosefian Law Firm, P.C.
When you’re facing employment discrimination, you need an employment discrimination lawyer who understands the nuances of California employment law. At Yoosefian Law Firm, P.C., we offer:
- In-depth knowledge of state and federal employment laws
- A track record of successful outcomes for our clients
- Personalized attention to each case
- Clear communication throughout the legal process
- A commitment to fighting for your rights and fair treatment
Stand Up for Your Rights: Contact Us Today
Workplace discrimination can be overwhelming, but you don’t have to face it alone. At Yoosefian Law Firm, P.C., our employment discrimination lawyers are ready to listen to your story and fight for your rights. Don’t let unfair treatment define your career. Contact us today for a confidential consultation, and take the first step towards a fair and just workplace.
What is the difference between disparate treatment and disparate impact discrimination?
Disparate treatment occurs when an employer intentionally treats an employee differently because of their protected characteristic. On the other hand, disparate impact happens when an apparently neutral policy or practice disproportionately affects members of a protected group. Both are forms of discrimination that an employment discrimination attorney can help address.
Can independent contractors file employment discrimination claims?
While independent contractors generally have fewer protections than employees, they are still protected from certain forms of discrimination under California law. If you’re an independent contractor who believes you’ve faced discrimination, consult an employment discrimination lawyer to understand your rights and options.
What is intersectional discrimination?
Intersectional discrimination occurs when someone is discriminated against based on a combination of two or more protected characteristics. For example, an older woman might face discrimination not just because of her age or gender separately but because of the combination of both. Our employment discrimination attorneys are experienced in handling these complex cases.
How does the process differ for federal employees facing discrimination?
Federal employees have a different process for filing discrimination complaints, typically starting with contacting an EEO counselor within their agency. The timeline and procedures differ from those for private-sector employees. If you’re a federal employee facing discrimination, an employment discrimination lawyer can guide you through this process.
What should I do if I witness discrimination against a coworker?
If you witness discrimination, document what you’ve observed and report it through your company’s established channels. In California, you’re protected from retaliation for reporting discrimination, even if it’s not directed at you. If you face any adverse actions for reporting, contact an employment discrimination attorney immediately.
Can my employer ask about my disability or medical condition during a job interview?
Generally, employers cannot ask about disabilities or medical conditions during job interviews. They can, however, ask if you can perform the job’s essential functions with or without reasonable accommodation. If you believe you’ve been asked inappropriate questions during an interview, consult with an employment discrimination lawyer to understand your rights.
What is the Equal Employment Opportunity Commission’s (EEOC) role in discrimination cases?
The EEOC is the federal agency responsible for enforcing federal anti-discrimination laws. In California, we often work with the state’s Department of Fair Employment and Housing (DFEH), but some cases may involve the EEOC. As employment discrimination attorneys, we can help you navigate the appropriate agency for your case and guide you through the filing process.
How does California law differ from federal law in protecting against employment discrimination?
California’s Fair Employment and Housing Act (FEHA) often provides broader protections than federal law. For example, FEHA applies to employers with 5 or more employees, while federal law typically applies to those with 15 or more. California law also recognizes more protected characteristics. An experienced employment discrimination lawyer can help you understand which laws apply to your situation and how to protect your rights best.