Discrimination at Workplace
The pressures of the workplace can be stressful. When you are discriminated against in the workplace, that stress is magnified. As your discrimination attorney, we will take action to protect your rights.
We Take Aggressive Action to Protect Our Clients’ Rights
At The Rubin Law Corporation, our discrimination attorney understands that this type of added stress can affect every aspect of your life. That includes everything from your career to your relationships with family and friends, and your personal time. That is why we take aggressive action to preserve your rights.
You have the right to work in an environment that is free from harassment and discrimination because of your:
- Medical condition, and/or disability.
We serve clients in Los Angeles, Irvine, San Diego, and the entire state of California region in a range of workplace discrimination matters, including:
Discrimination Based on Age:
You may recognize age discrimination when your employer takes adverse employment action because of your age (40 years or more) while younger employees are treated differently and more favorably. Often, older employees are demoted, forced out, or terminated and subsequently replaced by or overlooked in favor of younger, frequently less experienced and less qualified employees.
Employers tend to discriminate against employees based on age due to various assumptions made about “older” employees regarding medical expenses, and the assumed low probability of extended employment. However, these assumptions lead employers to violate certain California labor laws.
- To learn more about age discrimination, click here.
Discrimination Based on Gender
If you faced discrimination because of your sex or gender, we can help.
Though there has been progress in terms of gender equality, there are still residual effects of sex discrimination in the form of lower salaries for women, and fewer opportunities for women in the workplace. California law prohibits employers from discriminating against employees on the basis of sex.
- Click here to learn more about wage equality in California.
- Click here to learn more about discrimination based on gender.
Discrimination Based on Race/Ethnicity
It is against the law for a potential or current employer, to ask you the origin of your surname, where you come from and whether you are of a mixed race.
Racial discrimination is linked to the stereotypes an employer may link to a certain ethnicity. The law prohibits employers from discriminating against prospective and current employees in hiring decisions, benefits, promotions and terminations.
Discrimination Based on Religion
Although private employers are not bound by the Constitution’s restrictions on government, they are subject to federal and state laws that ban religious discrimination in employment.
- Click here to learn more about religious discrimination.
Discrimination Because of Pregnancy
Many circumstances experienced by pregnant women in the workplace are illegal and actionable in court. Such violations include the following:
- Terminating an employee because she is pregnant
- Failing to hire a candidate because of pregnancy
- Denying promotions because of pregnancy, or
- Demoting an employee because of pregnancy
Many employers fail to provide accommodations for pregnant employees, and often attempt to force pregnant employees out of the workplace (i.e., constructively terminating them). These violations on the part of the employer significantly worsen the emotional and physical challenges that accompany pregnancy. California law allows for a broad range of symptoms and conditions related to pregnancy to be considered a “disability” for which a pregnancy disability leave is administered.
- To learn more about pregnancy discrimination, click here.
- Read more about pregnancy disability leave rights here.
Discrimination Because of Cancer
In California, cancer is a “medical condition” rather than a disability, which means that the condition does not have to limit a major life activity.
The law requires employers to accommodate employees with medical conditions as long as it does not result in “undue hardship” to the company. These accommodations vary, can take place on a continuous basis, and are dynamic according to the phase of cancer treatment.
- To learn more about cancer discrimination, click here.
- To learn more about the accommodations an employee with cancer is entitled to, click here.
Cancer conditions can also constitute a disability within the meaning of California law.
Discrimination Because of Disability
Many employers in California do not understand the laws regarding disability discrimination. In the first place, the definition of “disability” in California is very broad, embracing any restriction that limits a major life activity, such as working. Moreover, bad backs, high blood pressure, migraines and even transitory conditions such as a broken hip may constitute a disability.
Employers have a duty to accommodate disabilities. Such accommodations may include:
- Allowance of medical leave beyond FMLA/CFRA leave
- Re-assignment with priority to another existing position
- Modification of a workspace
- Modification of job duties, and so forth
Employers, like employees, must engage in an interactive dialogue to develop an appropriate accommodation of work restrictions. The law bars employers from retaliating against an employee seeking accommodations, protesting discrimination, or taking medical leave.
- To learn more about California Disability Law and Regulations, including what conditions are considered “disabilities” and how they may be “accommodated”, click here.
- To learn more about the interplay of FMLA and California Disability law, click here.
What to Bring to Your Discrimination Attorney
Certain documents are very important to your potential employment discrimination case. These include:
- Your personnel file
- The company’s employee handbook
- A journal of your experience in the workplace
- Pay stubs
- Any documents evidencing the discrimination
- Any health records related to your mental or medical condition
- A list of witnesses, and
- Any performance reviews
For more information, click here.
Contact The Rubin Law Corporation Today to Learn More
Learn more about the information you need to prove discrimination or ask our discrimination attorney with more specific questions. Contact us online or call 310-385-0777 today to learn more about how we can help you with your disability lawsuit today.