Recognizing Subtle Signs of Workplace Discrimination
It’s not always easy to recognize discrimination in the workplace. People generally have enough awareness that they will not make their prejudice obvious. Additionally, employment discrimination doesn’t have to be intentional to be illegal.
Unfortunately, that doesn’t make it any less real or uncomfortable for the people who experience it. Keep an eye out for more subtle signs of discrimination.
Common Forms of Discrimination at Work
Some types of discrimination in the workplace include:
- Grouping people into teams based on their race
- Denying promotions and raises to people of a certain religion or gender
- Assigning impossible tasks to employees in a particular group to build a case for termination
- Assigning different workplace tasks to employees based on sex or gender
- Paying unequal wages to men and women in equivalent positions and with equal levels of experience and responsibility
- Denying certain reasonable workplace adjustments for a disability or implementing a policy that excessively impacts disabled workers
- Disciplining employees of a certain race for infractions that are ignored with employees of another race
Understanding Your Rights: The EEOC Process Explained
Navigating the Equal Employment Opportunity Commission (EEOC) process can be daunting, but knowing what to expect can empower you to take the necessary steps in your discrimination case. At AMartin Law, PC, we believe that informed clients are better equipped to advocate for their rights. Here's a brief overview of the EEOC process:
- Filing a Charge: The first step involves submitting a charge of discrimination. This formal complaint must be filed within 180 days of the discriminatory act.
- EEOC Investigation: Once your charge is filed, the EEOC will conduct an investigation. This may include gathering evidence, interviewing witnesses, and reviewing your employer’s response.
- Determination: After the investigation, the EEOC will issue a determination. If they find reasonable cause for your claim, they may facilitate mediation or pursue legal action on your behalf.
- Right to Sue: If the EEOC does not find sufficient evidence, you may still receive a “right to sue” letter, allowing you to take your case to court.
Understanding this process is crucial for effectively asserting your rights. Our experienced attorneys are here to guide you through each step, ensuring you have the support and knowledge needed to seek justice. Don't hesitate to reach out to us for a consultation to discuss your situation and explore your options.
How AMartin Law, PC Can Help
- Our legal team is experienced in handling complex workplace discrimination cases. We provide:
- Comprehensive Case Evaluation – Assessing your situation to determine if you have a valid claim.
- Legal Representation – Aggressively advocating on your behalf in negotiations and litigation.
- Guidance on Filing Complaints – Assisting with claims to the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH).
- Compensation Recovery – Seeking damages for lost wages, emotional distress, and other financial impacts.
Your Rights Under State and Federal Laws
Several laws protect employees from workplace discrimination, including:
- Title VII of the Civil Rights Act of 1964 – Prohibits discrimination based on race, color, religion, sex, and national origin.
- California Fair Employment and Housing Act (FEHA) – Provides additional protections for employees in California.
- Americans with Disabilities Act (ADA) – Safeguards employees with disabilities.
- Age Discrimination in Employment Act (ADEA) – Protects employees 40 and older from age-based discrimination.
- Equal Pay Act (EPA) – Ensures equal pay for equal work, regardless of gender.
Why Choose AMartin Law, PC?
- Experienced Discrimination Attorneys – With years of experience handling workplace discrimination cases, we know how to build a strong case on your behalf.
- Personalized Legal Strategies – Every case is unique, and we tailor our approach to best serve your needs.
- Proven Track Record – We have successfully obtained favorable outcomes for employees facing discrimination.
- No Upfront Fees – We work on a contingency fee basis, meaning you don’t pay unless we win your case.
Contact a San Diego Discrimination Attorney Today
If you have been a victim of workplace discrimination, don’t wait to take action. Contact AMartin Law, PC for a free consultation. Our skilled attorneys will review your case and guide you through the legal process to seek justice and compensation.
Give our team a call at (619) 268-6585 or contact us online to consult with a San Diego discrimination attorney today!
Frequently Asked Questions (FAQ)
1. How do I know if I have a valid workplace discrimination case?
If you were treated unfairly at work based on a protected characteristic such as race, gender, age, disability, or religion, you might have a valid claim. Our attorneys can review your case and advise on the best course of action.
2. What should I do if I experience workplace discrimination?
Document all incidents, including dates, times, locations, and witnesses. Report the discrimination to your HR department and consult a discrimination attorney to explore your legal options.
3. Can I sue my employer for discrimination?
Yes. If your employer has violated federal or state anti-discrimination laws, you may have the right to file a lawsuit. Our attorneys will help you determine the best legal approach for your case.
4. How long do I have to file a discrimination claim in California?
In California, you typically have three years to file a discrimination complaint with the DFEH. However, federal claims may have different deadlines. It's best to consult with an attorney as soon as possible.
5. What compensation can I recover in a workplace discrimination case?
Potential damages include lost wages, benefits, emotional distress, punitive damages, and attorney’s fees. Each case is unique, and our attorneys will fight for the maximum compensation you deserve.
6. How much does it cost to hire a discrimination attorney?
At AMartin Law, PC, we work on a contingency fee basis, meaning you don’t pay unless we win your case. This ensures that you can pursue justice without financial worry.
7. Can my employer retaliate against me for filing a discrimination claim?
No. Retaliation for reporting discrimination is illegal. If you experience retaliation, such as wrongful termination or demotion, we can help you file a retaliation claim against your employer.
Need Legal Help? Contact AMartin Law, PC Today!
If you believe you have been discriminated against at work, don’t hesitate to reach out. Our San Diego discrimination attorneys are here to provide the legal support you need to seek justice and fair treatment.
Identifying Discrimination the Workplace
It is illegal for an employer to make employment decisions based on assumptions about the abilities of a protected group. This can include everything from denying promotions to wrongfully terminating employees due to their membership in a protected group.
Protected groups, or classes, in the Southern California workplace include:
- Gender
- Gender presentation
- Sex
- Race
- National origin
- Religion
- Age
- Disability
- Sexual orientation
Sexual harassment is also considered a form of sex-based discrimination.
Schedule your free consultation with a racial discrimination attorney in San Diego today!
It’s not always easy to recognize discrimination in the workplace. People generally have enough awareness that they will not make their prejudice obvious. Additionally, employment discrimination doesn’t have to be intentional to be illegal.
Unfortunately, that doesn’t make it any less real or uncomfortable for the people who experience it. Keep an eye out for more subtle signs of discrimination.
Some types of discrimination in the workplace include:
- Grouping people into teams based on their race
- Denying promotions and raises to people of a certain religion or gender
- Assigning impossible tasks to employees in a particular group to build a case for termination
- Assigning different workplace tasks to employees based on sex or gender
- Paying unequal wages to men and women in equivalent positions and with equal levels of experience and responsibility
- Denying certain reasonable workplace adjustments for a disability or implementing a policy that excessively impacts disabled workers
- Disciplining employees of a certain race for infractions that are ignored with employees of another race
Give our team a call at (619) 268-6585 or contact us online to consult with a discrimination attorney today!
How to File a Discrimination Complaint
In the state of California, discrimination claims can be handled by the Department of Fair Employment and Housing (DFEH). You can also pursue your discrimination claim through the federal Equal Employment Opportunity Commission (EEOC).
California law covers businesses with fewer employees than those covered by federal law. As a federal agency, the EEOC would only handle claims if your employer employees at least 15 workers. The DFEH can handle your claim if your place of work has 5 to 14 employees, or one or more if you are pursuing a harassment claim.
After filing your charge, the agency in question will investigate the situation. If the agency cannot confirm your discrimination claim, they will issue you a "Right to Sue" letter. This letter allows you to pursue your case further by filing a lawsuit.
Possible Damages in a Discrimination Case
Discrimination in the workplace can impact many aspects of your life. You may be stressed, your work performance may suffer, and you may be terminated from your position. In a successful discrimination case, you can recover compensation for your damages.
Victims of employment discrimination may be entitled to recover:
- Lost wages and benefits
- Compensation for emotional distress
- Attorneys’ fees and costs
- Punitive damages, in particularly egregious cases
- Reinstatement to employment or promotion if desired by the victim
During a free consultation, our discrimination attorney serving San Diego can review your case. We can give you an idea of what a discrimination claim can do for you. We fight for maximum compensation for our clients, whether that can be achieved through settlement or going to trial.
