Discrimination Lawyers in Newport Beach
Working to Protect Workers’ Rights Since 1997
One of the many protections afforded to employees is the prohibition of workplace discrimination. Illegal discrimination occurs when an employer refuses to hire, demotes, fires, or otherwise mistreats a worker because of race, sex, age, medical condition, or other characteristics as outlined in California labor laws.
If you believe you are the victim of workplace discrimination, the Carter Law Firm is here to help. Our Newport Beach discrimination attorneys have helped numerous clients seek compensation for a variety of damages, including lost pay and benefits, as well as emotional pain and suffering.
Discrimination Laws Protecting Employees
A handful of federal laws prohibit discrimination in employment based on race, color, religion, national origin, age, gender, or disability. Depending upon your geographical area and type of employer, additional laws at the state and local level in California may further protect you from discrimination based on factors such as sexual orientation, political affiliation, or marital status.
Below are some of the major laws protecting employees from discrimination:
- Title VII of the Civil Rights Act of 1964 (Title VII) protects against employment discrimination based on race, color, national origin, sex (gender), or religion. This law applies to all phases of employment, including hiring, promotions and raises, transfers and assignments, and discipline and termination.
- The Americans with Disabilities Act (ADA) protects a qualified individual with a disability – one who can perform the essential functions of the job with or without reasonable accommodation – from employment discrimination.
- The Age Discrimination in Employment Act (ADEA) protects individuals from age-based job discrimination. Forty years old is the threshold age to be covered under the Act. Reverse discrimination (favoring older workers at the expense of younger ones) has not been recognized by the courts as a violation of this law.
- The Pregnancy Discrimination Act (PDA) prohibits discrimination based on pregnancy, childbirth, or related medical conditions. The PDA requires employers to treat pregnancy on the same level as other medical conditions in regards to leave policies, health insurance, etc.
In addition to these laws, the courts have recognized a cause of action for sexual harassment. For more information on this topic, see our sexual harassment page.
Recognizing Discrimination in the Workplace
Unfortunately, workplace discrimination takes place far more often than most people realize. It is not uncommon for an employer to engage in discriminatory behavior and employees be unaware that they have rights against such actions.
Workplace discrimination can manifest itself in a variety of negative employment actions, including:
- Failing to hire an individual
- Demoting and employee
- Denying promotion or advancement
- Decreasing an employee’s pay
- Reducing a worker’s benefits
- Being forced to quit
- Transferring someone to an unfavorable job assignment
- Terminating or firing the employee
When any of these actions occur, and they are motivated at least partially by discriminatory reasons, an employee can bring a claim against the employer for job discrimination.
Cisco $20 Million
Bank of America $16.7 Million
Abercrombie & Fitch $9.6 Million
Toys 'R' Us $7.5 Million
Verizon Wireless $6.9 Million
Big Lots $6.5 Million
Sprint $4.9 Million
Paramount $2.4 Million
Bed Bath & Beyond $2 Million