Do you believe you have been discriminated against at work? Check out these 4 workplace discrimination tips, then call our California attorneys today.
1) Choosing a Workplace Discrimination Attorney
I had a nice conversation yesterday with a potential client who asked what she should look for in a law firm helping her in a discrimination case here in California. We had a great conversation. It lasted more than 30 minutes. I talked to her about what type of firm I think that she needs.
We really boiled it down to three things. I talked to her about the fact that first of all, you want to find a firm that has the expertise. I really do think it’s important that you find a firm that only does some type of employment law and that they are well versed in the interchange between various California labor statute and employment statutes. The first issue is finding a firm that has deep knowledge of California employment law.
The second issue we talked about is whether or not the law firm is well funded or has the resources to make sure that your claim is followed through all the way to the end. It’s important to have a firm that has the resources to make sure that depositions are taken, documents are produced, and your issues are advocated to the full extent.
The third issue is actually finding a law firm that truly has trial experience. You’d be surprised how many times somebody calls themselves a trial attorney or a civil litigator, but in fact have never argued a case in front of a jury. The reality is, when you hire an attorney, you don’t actually know whether or not they actually have trial experience. Truth be told, there are a group of individuals who do know, and that’s the defense attorneys. They’ll know whether or not the attorney that you hired has ever tried a case. It’s important for you to find an attorney that has true trial experience that feels comfortable in front of a jury and that can advocate for you.
I’m not saying all cases go to trial; in fact, most cases don’t go to trial. In order for cases to settle and settle for a number that you feel good about, however, it’s important for the other side to know that if they don’t settle, and push comes to shove, you have attorneys that will go try a case for you. If you have any questions about a discrimination case that you feel that you may have against your current employer or former employer and you just want to talk about what you should look for in a trial attorney, feel free to give me a call. I’m always happy to discuss what claims you may have and what type of attorney you may need.
2) Filing a Pregnancy Discrimination Claim
Every year, we have the privilege of representing women and men who have found out the fantastic news that they’re about to have a baby or that they just had a baby. Unfortunately, a lot of times when they call us, it’s them calling us because it hasn’t been great news for their employer. As I’m sure you’re well aware, an employer in California can’t retaliate against an employee for being pregnant; in fact, an employer can’t retaliate against an employee for their spouse being pregnant. Under California law, not only can’t they retaliate against you for a pregnancy, both women and men have rights as it relates to the childbirth, including extended leave for recovery from childbirth. This also includes leave related to exams coming up to childbirth, and it includes leave related to disabilities as a result of either the pregnancy or the childbirth.
If you have questions about the reaction or choices that your employer made as a result of a pregnancy, it’s important for you to understand that you have rights and that you talk to an attorney to explain those rights to you. If I can answer any of those questions, feel free to give me a call. I’m happy to discuss what rights you may have as it relates to your employer. By the way, congratulations on the baby.
3) Filing a Gender Discrimination Claim
One issue that sometimes comes up is the issue of discrimination based on gender and/or sex, in which the employer is making a decision as to what positions the employee can hold based off of the gender or sex of the employee. I remember early on when this firm was founded 12 years ago, we took on a case of a woman who was a bartender. She enjoyed being a bartender; she found that she made more money as a bartender. That’s truly what she enjoyed doing.
She applied for a position at a bar in San Bernardino. She was told that women were only allowed to be hostesses or cocktail waitresses and that, if she wanted a position, those were the two options that was available to her. She explained to me, as she explained to them, that she wasn’t a hostess and that she wasn’t a cocktail waitress but that she was a bartender, and that she had the expertise and the knowledge to be a bartender. The employer after hearing that told her flat out the only positions we offer women are hostesses and cocktail waitresses. She didn’t take the position.
When she had come to me, she had already filed a claim with the Department of Fair Employment and Housing. They were trying to get her to take a settlement that was what I considered very low. While I can’t get into all the details as to what that case ultimately resolved for, I will say that it was multiple times more than what was being offered to her in front of the Department of Fair Employment and Housing. If you feel that you’ve been subject to gender discrimination either in the assignments you are being given, promotional opportunities you are being given, or in your pay, it’s important for you to understand that you do have rights and that you should talk to an attorney. If I can answer any of those questions, feel free to give me a call.
4) Proving Gender Discrimination in the Workplace
One issue that comes up often is the fact that there are some employees that are receiving preferential treatment versus other employees. Typically, we’ll get a call from an individual that says that they’re being treated differently at work and they’re trying to figure out why. Sometimes, it’s a woman that feels that the men in the office are given better assignments or better leads or a woman believes that her title and her job responsibilities are just the same as male counterparts, but she believes, or she knows, or she suspects that they actually receive more money than her for doing the same type of work.
There’s other times in which people feel that, because of their race, they’re being treated differently than everybody else. This might involve compensation, promotional opportunities, or just be the type of work that’s actually being assigned. Discrimination in California is unlawful assuming it’s based off of a protected class: gender, race, national origin, sexual orientation. Also, they can’t discriminate or retaliate against you because you complained about not being treated fairly at work.
If you’ve worked for a company or you’re currently working for a company and you feel that you’re being subject to discrimination or you’ve been retaliated against because you’ve complained about discrimination, it’s important for you to find a law firm that can answer your questions and represent you if you make a decision to file a lawsuit. If you have any questions regarding discrimination in the workplace for whatever reason or retaliation for complaining about discrimination in the workplace, feel free to give me a call. I am happy to answer any questions that you may have regarding those issues.
Are you or a loved one in the process of filing an employment claim in California and have questions about these 4 workplace discrimination tips? Contact the experienced California employment law attorneys at the Myers Law Group today for a free consultation and case evaluation.
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