Adept Workplace Discrimination Lawyers Serving Century City, CA
Both state and federal laws are in place to protect employees, yet employers frequently ignore these protections, causing considerable financial and emotional distress. If you’ve experienced such injustice, you’re familiar with the daunting challenge of confronting it alone. Our committed employment discrimination law attorneys are prepared to assist you in addressing workplace discrimination, harassment, wrongful termination, and retaliation. For a complimentary case evaluation with our Century City workplace discrimination attorney, reach out to our office today at (510) 200-0162 or connect with us online.
The Role Of An Employment Discrimination Lawyer
Our employment discrimination law attorney specializes in handling legal cases related to discrimination in the workplace. Their primary responsibilities include:
Consultation: They consult with individuals who believe they have been subjected to workplace discrimination. This involves assessing the details of the situation and advising the individual on their legal rights and options.
Investigation: They investigate the claims of discrimination by gathering evidence, interviewing witnesses, and reviewing relevant documents such as employment contracts, performance evaluations, and emails.
Legal Representation: They represent their clients in legal proceedings, including filing complaints with administrative agencies such as the Equal Employment Opportunity Commission (EEOC) or state employment agencies, as well as representing clients in lawsuits filed in court.
Negotiation: They negotiate settlements on behalf of their clients, aiming to resolve the discrimination claims outside of court through mediation or settlement agreements.
Litigation: If a settlement cannot be reached, they litigate the case in court, presenting evidence, making legal arguments, and advocating for their client’s rights.
Compliance Assistance: They provide guidance to employers on how to comply with anti-discrimination laws and regulations, helping them establish policies and procedures to prevent discrimination in the workplace.
Overall, the goal of our attorneys is to protect the rights of individuals who have been discriminated against based on protected characteristics such as race, gender, age, disability, religion, or national origin, and to hold employers accountable for unlawful discrimination practices.
Forms of Discrimination in the Workplace
Numerous federal and state laws provide protections for employees against various forms of discrimination. Below are different types of discrimination that can occur in any workplace:
- Age Discrimination – Some employers may show a preference for younger employees, offering them lower salaries and dismissing older workers. However, all employees aged 40 or above are protected from employment decisions or harassment based on age.
- Sex Discrimination – Violating California and federal laws, sex discrimination can take various forms, including pay disparities between genders for similar work, adverse actions related to pregnancy or childbirth, and refusal to hire or promote individuals based on sex. These laws also cover men facing sex discrimination. Additionally, California law prohibits discrimination based on sexual orientation or gender identity.
- Racial Discrimination – Both state and federal laws prohibit employment discrimination based on race. This discrimination can be overt, such as racist remarks, or more subtle, such as biased employment decisions like failing to hire qualified candidates or denying promotions or equal pay based on race.
- Religious Discrimination – Discrimination based on religion is prohibited by state and federal law. Employers are required to accommodate employees’ religious practices reasonably, which may include exceptions to dress codes or flexible scheduling for religious observances.
- Disability Discrimination – Employment rights of individuals with actual or perceived disabilities are protected by law. Employers are prohibited from treating someone unfairly due to a disability or making employment decisions based on disability status. They must also provide reasonable accommodations to enable individuals with disabilities to perform their job duties.
Identifying instances of employment discrimination can be challenging because employers rarely explicitly state discriminatory reasons. Instead, they may cite employment issues like poor performance or attendance to justify adverse actions. When employers use false justifications to conceal discriminatory motives, these are termed “pretextual” reasons.
Protections for Reporting Misconduct
Within workplaces, employees may encounter instances of misconduct, ranging from unethical behavior to breaches of legal regulations, fraud, or violations of health and safety standards. When employees feel compelled to report such wrongdoing but fear potential retaliation, whistleblower protections serve to protect employees.
Whistleblower laws shield employees who expose misconduct from adverse actions by their employers, including harassment, demotion, denial of promotion, termination, or similar employment repercussions. If your employment is adversely affected due to reporting misconduct, you have the right to pursue compensation and reinstatement. Before taking any action, such as whistleblowing on your employer, it’s wise to seek advice from our Century City employment discrimination law attorney. In California, employees are shielded from retaliation for reporting legal violations to their employer, even without involving external agencies.
Wage and Hour Violations
California’s laws typically afford employees greater rights concerning wages and hours compared to federal statutes. For instance, California enforces a substantially higher minimum wage statewide than the federal standard, with certain cities imposing even higher thresholds.
Employers may attempt to circumvent wage and hour laws through various methods, such as:
- Failing to pay the required minimum hourly wage.
- Incorrectly calculating hours worked or failing to compensate for all hours worked.
- Neglecting to provide proper overtime compensation.
- Misclassifying individuals as exempt from overtime pay.
- Denying employees required meal or rest breaks.
- Delaying the issuance of paychecks.
- Making unjustified deductions from paychecks.
- Illegally withholding tips from tipped employees.
Such violations can result in significant financial losses for employees. Those who suffer such losses due to wage and hour violations may have grounds to pursue legal action and obtain rightful compensation.
Another common violation of wage and hour laws involves misclassifying employees as independent contractors. Unlike employees, independent contractors lack the same legal protections. Consequently, employers may seek to classify individuals as independent contractors to evade compliance with wage and hour laws, tax obligations, discrimination statutes, and more.
However, employers do not have ultimate authority to determine independent contractor status. The law employs specific criteria to establish this classification, which closely aligns with the particulars of the employment arrangement. If you suspect misclassification as an independent contractor and have incurred financial losses as a result, we encourage you to contact our Century City workplace discrimination lawyer for a case assessment today.
Seeking assistance in confronting an employer can be daunting, often deterring individuals from asserting their rights under federal and state employment laws due to fear of repercussions. However, support is available, and you don’t have to face your employer alone. Employment laws are intricate and constantly changing, making it difficult to fully comprehend your rights or identify violations. Feel free to contact our office to discover how we can assist you.
Contact Our Century City Employment Discrimination Law Attorney Today
Employees are entitled to significant rights under the law. At Winer, Burritt & Scott, LLP, we boast over 60 years of combined experience and have successfully secured over $200 million on behalf of our clients. With a proven track record and legal expertise, our clients can rely on us to pursue the most favorable resolution for their employment case while adhering to the law. We are committed to safeguarding employees’ rights and ensuring employers fulfill their legal obligations.
To schedule a complimentary case evaluation with a Century City workplace discrimination lawyer, contact our office today at (510) 200-0162 or submit an inquiry through our online contact form.