What is Employment Discrimination?
Do I Have a Viable Harassment Claim?
Physical or mental disability?
Reporting illegal activity?
How to Protect Yourself from Employment Discrimination
1. Take notes.
Keep notes and a list of the events which occurred. Remember to dictate when it happened, where it happened, what happened, and who was there. Write down the names of witnesses. It may also help to save all electronic and paper trails related to your case.
2. Keep your employer’s code of conduct handy.
Review your employer’s code of conduct or company handbook. Your company must address what activity or behavior violates company policy.
3. Contact the company helpline.
You can usually find the procedure for reporting in the company handbook. You may then report a harassment claim or a hostile work environment.
4. Protection from retaliation.
If you work for a company with 15 or more people, you may have legal protections from retaliation. But, you must put your claim in writing or go to straight to a decision-maker. You may inform you believe you are the “subject of harassment against a protected class.” The fact that you report it protects you by law, even if what you faced is not deemed harassment. This protection may not apply to you if you work for a company with less than 15 people. Check your state law or speak to a Pride Legal attorney today.
5. Make your claim quickly.
EEOC claims are time-dependent. You have a narrow time frame in order to file a claim with the EEOC. If you miss that window, you will lose your right to sue under federal law.
Other specific examples in which discrimination can occur include:
Harassment, including sexual harassment
Service at retailers
Access to medical care
Lending and credit
The Importance of California’s Progressive Discrimination Laws
If you or someone you know has faced some form of discrimination, you can act to protect your rights. Whether it be in the workplace. Whether it be at a store. When attempting to secure housing. Or even when applying for some type of service or loan. Contact Pride Legal for a free and confidential consultation. Our professional and experienced discrimination lawyers will help you in safeguarding your rights. You may be entitled to some form of compensation. It all, of course, depends on the circumstances of your case.
Do I have to file a complaint with HR before filing a lawsuit?
Depending on the given situation, you may or may not need to go through Human Resources before filing a lawsuit. Typically, it is wise to contact HR for all complaints while working at a company. If you feel discriminated against as an applicant for a position, it may be unnecessary to contact HR before filing a lawsuit. Keeping a detailed record of HR complaints may strengthen your case.
Is my employer responsible for a coworker’s misconduct?
Generally, the employer is responsible if
- The employer was aware of misconduct AND
- did not take all reasonable steps to prevent harassment from occurring
The basis of your lawsuit is primarily focused on who is responsible for such misconduct. If the employer was either unaware of harassment or was aware and took all proper steps to prevent it from occurring, the employer may not be liable.
Can I be fired for filing a lawsuit against my employer?
No, California employees cannot be fired for filing a civil lawsuit against their employers, co-workers, etc. If your employer does fire you for filing a lawsuit against them, this can be considered wrongful termination.
If I was never hired, is my case still considered to be employment discrimination?
Discrimination law also covers job applicants who have been harassed or discriminated against. An employer may be held liable for asking a job applicant improper questions, such as questioning the applicants:
- Sexual orientation
- Mental or physical disability
- Marital status
- Arrest record
What can be money damages in an employment discrimination lawsuit?
In a California employment discrimination lawsuit, the following may be considered money damages:
- Losses of front pay
- Back Wages
- Reduced income from a demotion or promotion
- Pension benefits
- Loss of bonus payments
- Emotional distress or suffering
Find a California Discrimination Lawyer for the Gay Community
At Pride Legal, we are confident that one of the highly skilled lawyers in our network can be especially helpful for members of the gay, lesbian, bisexual, transgender or inter-gender communities, as well as the community at large. Our member attorneys provide services to clients throughout Southern California, including Los Angeles, San Diego, and Orange Counties. We will find the right discrimination lawyers for your particular case. In fact, Pride Legal can provide you with access to the attorney you need for any legal issue.
Are you the victim of discrimination? If so, contact a California LGBT Discrimination Attorney today!
PRIDE LEGAL: LAW AT YOUR COMMAND
For a free confidential case consultation, call Pride Legal today
888-789 PRIDE • 888-789-7743
or use the form below to submit your case online