Expert Employment Discrimination Lawyers Serving Venice, CA
Workers are entitled to protections under both state and federal legislation. However, employers frequently breach these protections, causing considerable financial and emotional distress to employees. If you’ve ever faced such a violation, you understand the challenges of addressing it alone. Fortunately, our Venice beach workplace discrimination attorney is ready to assist you in confronting issues such as workplace discrimination, harassment, wrongful termination, and retaliation. To arrange a complimentary case assessment with one of our team members, reach out to our office today at (510) 200-0162 or connect with us online.
Workplace Discrimination
Numerous laws at both the federal and state levels protect employees against various forms of discrimination. Below are explanations of different types of discrimination that can occur in any work environment.
- Age Discrimination – Some employers may be inclined to dismiss older employees and replace them with younger individuals who accept lower salaries. However, all employees aged 40 or above are protected from employment decisions or harassment based on their age.
- Sex Discrimination – Sex discrimination can breach California and federal laws in multiple ways. This encompasses unequal pay between genders for similar work, adverse employment actions due to pregnancy or childbirth, and refusal to hire or promote individuals based on sex, among others. The laws extend to men experiencing sex discrimination as well. For instance, the U.S. Equal Employment Opportunity Commission settled a sex-discrimination case against Lawry’s Restaurants in California for $1 million, citing a policy of exclusively hiring women for server positions in violation of Title VII of the Civil Rights Act of 1964.
California law also bars discrimination based on sexual orientation or gender identity. - Racial Discrimination – Both state and federal laws prohibit employment discrimination based on race. Notably, racial discrimination can manifest through overt racist remarks or negative employment decisions based on race, such as failure to hire qualified candidates, bypassing individuals for promotion, unequal pay, or termination.
- Religious Discrimination – Discrimination based on religion is likewise forbidden by state and federal law. Employers are obligated to provide reasonable accommodations for certain religious practices of employees, which may include exceptions to dress codes for religious attire or flexible scheduling for prayer times or religious observances.
- Disability Discrimination – The law safeguards the employment rights of individuals with actual or perceived disabilities. Employers cannot treat someone unfairly due to a disability or base employment decisions on a disability if the person can perform the job. Employers must also provide reasonable accommodations to enable individuals with disabilities to carry out their job duties.
Identifying instances of employment discrimination can pose challenges. Employers typically do not explicitly state discriminatory reasons such as “I’m firing you because of your religion” or “You’re not getting this promotion because of your race.” Instead, they may cite purported employment issues like poor performance or attendance to justify adverse employment actions. When employers use false justifications to mask discriminatory motives, these are termed “pretextual” reasons.
Establishing Employment Discrimination
Whether you’re currently employed, a former employee, or seeking employment, you may have grounds for legal action against a discriminatory employer. We’ve handled cases involving various forms of discrimination, including:
- Disparate Treatment – Occurs when an employer treats an employee unfavorably compared to others based on a prohibited discriminatory factor.
- Retaliation – Involves unfair treatment by an employer towards an employee who opposed discriminatory practices.
- Disparate Impact – Arises when an employment practice has an adverse effect on a protected class of employees.
- Systemic Disparate Treatment – Demonstrates a class-wide statistical difference between protected class members and members of a similarly qualified majority group.
Proving pretext can be challenging, but our skilled Venice beach employment discrimination law attorneys can gather evidence revealing when an employer acted for impermissible reasons. We have numerous methods for gathering evidence to refute the reasons provided for an employment action. If you suspect you’ve been a victim of employment discrimination justified by false reasons, it’s crucial to discuss your case with an attorney promptly.
Our legal team assists clients in gathering relevant evidence to demonstrate discriminatory practices. We challenge the employer’s assertions and establish the adverse impacts our clients have endured. Depending on your case’s unique circumstances, we may be able to help you recover damages, including past and future medical expenses, lost wages, pain and suffering, emotional distress, and possibly punitive damages.
Sexual Harassment in the Workplace
One prevalent form of sex discrimination is sexual harassment, which is illegal and constitutes a significant form of misconduct in the workplace. Sexual harassment encompasses a spectrum of behaviors, ranging from sexual comments or jokes to unwelcome advances and even sexual assault. Unlawful sexual harassment generally falls into two main categories:
Quid pro quo – This occurs when a supervisor or individual with authority conditions aspects of your employment on satisfying sexual demands. It can involve either offering rewards for sexual favors or threatening adverse consequences if you refuse sexual advances.
Hostile work environment – This type of harassment involves sexually offensive comments, jokes, advances, imagery, or other communications that, when pervasive or severe, create a hostile work environment.
Identifying instances of sexual harassment can be challenging for victims. If you feel uncomfortable or offended by any behavior in your workplace, it’s essential to consult with our experienced Venice beach employment law attorney to evaluate your rights.
Whistleblower Protections
Employees may encounter instances of wrongdoing in their workplace, including unethical behavior, legal violations, fraud, or health and safety breaches. When employees wish to report such misconduct but fear reprisal, whistleblower protections come into play.
Employees who disclose wrongdoing from any adverse actions by their employers, such as harassment, demotion, refusal of promotion, termination, or similar employment actions are kept safe through whistleblower laws. If your employment is negatively impacted due to reporting misconduct, you have the right to pursue compensation and reinstatement. Before taking any action, including blowing the whistle on your employer, it’s advisable to discuss your rights with an employment law firm. In California, employees are protected from retaliation for reporting violations of the law to their employer, even if no external agency is involved.
Wage and Hour Violations
Both state and federal regulations strictly govern how employees are compensated, including establishing minimum hourly wages, overtime pay criteria, meal and rest break mandates, and more. California’s laws often extend greater wage and hour rights to employees compared to federal statutes. For instance, California mandates a significantly higher minimum wage statewide than the federal standard, and some cities may impose even higher minimum wage thresholds than the state.
Employers can breach wage and hour laws through various means, such as:
- Failing to pay the mandated minimum hourly wage.
- Incorrectly calculating hours or neglecting to compensate for all hours worked.
- Neglecting to provide proper overtime compensation.
- Misclassifying individuals as exempt from overtime pay.
- Depriving employees of required meal or rest breaks.
- Delays in issuing paychecks.
- Unjustified deductions from paychecks.
- Illegally withholding tips from tipped employees.
These violations can result in significant financial losses for employees. Those who suffer such losses due to wage and hour violations may be entitled to pursue legal recourse and secure rightful compensation.
Another prevalent violation of wage and hour laws is the misclassification of employees as independent contractors. Unlike employees, independent contractors lack the same legal protections. Consequently, employers might attempt to designate individuals as independent contractors to circumvent compliance with wage and hour laws, tax obligations, discrimination statutes, and more.
However, employers do not possess unilateral authority to determine independent contractor status. The law employs specific criteria to determine this classification, which closely aligns with the particulars of your employment arrangement. If you suspect misclassification as an independent contractor and have incurred financial losses as a consequence, our Venice Beach Workplace Discrimination Attorney encourages you to reach out to our office for a case assessment today.
Unlawful Retaliation
Federal and state laws serve as vital preservation for workers’ rights, ensuring they can assert their rights without fear of reprisal from employers. It’s crucial for employees to feel secure in reporting unlawful employer behavior or participating in investigations to uncover such misconduct. Employers are expressly forbidden from retaliating against employees for exercising their rights under a range of laws, including the National Labor Relations Act, Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Fair Labor Standards Act, Family and Medical Leave Act, and various state laws such as California’s Fair Employment and Housing (DFEH) statutes.
Retaliatory actions can take various forms, including:
- Disciplinary measures
- Denial of pay raises
- Refusal of promotions
- Harassment
- Demotion
- Termination
- Assignment to less favorable work duties
Additionally, in California, retaliation may encompass a broader pattern of retaliatory conduct that doesn’t neatly fit into any specific category.
If you’ve faced ANY adverse employment action and believe it was in retaliation for exercising your rights, it’s imperative to promptly discuss the matter with a member of our legal team.
Winer, Burritt, & Scott Can Provide Assistance
Challenging an employer can be daunting and overwhelming for individuals. Fear of repercussions often prevents people from asserting their rights under federal and state employment laws. However, assistance is available, and you don’t need to confront your employer alone. Employment laws are intricate and continually evolving, making it challenging to fully grasp your rights or recognize violations. Don’t hesitate to reach out to our Venice Beach Workplace Discrimination Attorney to learn how we can support you.
Contact Us Today To Consult With A Venice Beach Workplace Discrimination Attorney
Employees possess substantial rights under state and federal law. Unfortunately, employers frequently neglect to afford employees the protections they deserve. At Winer, Burritt & Scott, LLP, we boast over 60 years of combined experience and have secured over $200 million on behalf of our clients. With a proven track record and legal expertise, our clients can trust us to pursue the most favorable resolution for their employment case within the bounds of the law. We are dedicated to upholding employees’ rights and holding employers accountable for their legal obligations.
To arrange a free case evaluation with a Venice Beach employment discrimination lawyer, contact our office today at (510) 200-0162 or submit an inquiry through our online contact form.