Employment discrimination, as well as workplace harassment and retaliatory actions, constitute violations of both federal and California state law. Victims of discrimination in the workplace often need help exercising their rights, and a discrimination lawyer near Alameda at Minnis & Smallets LLP can assist you in determining your legal recourse.
Discrimination on the job may be subtle yet still pervasive, but it can also be disturbingly bold in some instances. When you believe that you have been subject to some form of bias affecting your career or work environment, you could have the right to hold an employer accountable for their actions.
Minnis & Smallets LLP handles such discrimination cases as the following:
Federal laws protecting against discrimination include:
The California Fair Employment and Housing Act (FEHA) is the main California state law that makes it illegal for an employer to discriminate because of a person’s sexual orientation, race, color, religious creed, sex, gender, gender identity, gender expression, national origin, age, ancestry, mental disability, physical disability, genetic information, medical condition, marital status, or military and veteran status. Workplace discrimination against people predisposed to hereditary genetic diseases and testing employees for genetic characteristics are also illegal.
California also forbids “English-only” policies because employers cannot limit or prohibit employees from using a language in the workplace unless there is some kind of business necessity for such a restriction. Employees have to be notified of the circumstances and times when language will be restricted and the consequences of violating such a restriction. The California anti-discrimination law is both written and interpreted more broadly than federal law.
In contrast to federal law, coworkers who are not supervisors can also be sued and held personally responsible for unlawful workplace harassment. The state law has broader definitions of physical disability, mental disability, and medical condition – there is no requirement for substantial limitations on major life activities, and limitations will be determined without considering mitigating measures.
In California, people can file discrimination claims with either the California Department of Fair Employment and Housing (DFEH) or the United States Equal Employment Opportunity Commission (EEOC). The two agencies have a work-sharing agreement, under which the agencies will cooperate in the processing of claims, so filing a claim with both agencies will be unnecessary provided that you indicate you want it to cross-file your claim.
The California anti-discrimination statute applies to smaller employers that are otherwise not covered by federal law. This means that when your workplace has between five and 14 employees, you can file with the DFEH because EEOC only enforces federal law that applies to employers with 15 or more employees. Your lawyer can advise where to file your claim.
Did you need assistance filing a discrimination claim in California? Minnis & Smallets LLP can be the answer to all of your problems and help you hold offending parties accountable for their actions.
Our firm will be able to conduct a thorough independent investigation to secure the evidence you will need to prove your claim. Call us or contact us online to schedule a free consultation so we will be able to examine your case and help you understand what can be done.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
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