Los Angeles Workplace Discrimination Lawyer

Employment Discrimination Attorney in Los Angeles, CA

Every American employee in every industry has various legal protections in the workplace, and one of the most important rights you have as an employee is your right to work free from harassment or discrimination. When you believe an employer has violated federal or state employment law, you need a Los Angeles workplace discrimination lawyer with experience handling cases like yours.

At the Shirazi Law Firm, P.C., our mission is to protect workers throughout California who face unfair treatment on the job. Whether the harm shows up in hiring, pay, promotions, or termination, our experienced employment law team can evaluate all the facts and build a strong discrimination claim tailored to your goals. We know just how stressful these situations are. That’s why we bring clarity, compassion, and resolve to every case.

Understanding the Legal Theory Surrounding Discrimination in Los Angeles

Issues in the workplace are often described using general terms, but the legal category that each type of claim falls under matters, as they follow different rules, standards, and coverage requirements under California law. Some issues are lumped under discrimination and others under harassment, even those that aren’t legally either one. The differences in these concepts include:

• Discrimination is a harmful employment decision, like termination, demotion, or the denial of a promotion that’s tied to a protected characteristic. Under the Fair Employment and Housing Act (FEHA), discrimination generally applies to employers with five or more employees.
• Harassment and hostile work environments involve unwelcome conduct based on a protected trait and severe enough to interfere with your working conditions. Harassment and a hostile work environment are prohibited in all workplaces.
• Retaliation is an action that’s taken against you because you reported discrimination or harassment, opposed the unlawful practices of your employer, or participated in an investigation.
• Failure to accommodate occurs when your employer doesn’t engage in a good-faith discussion or implement changes for a reasonable accommodation based on a disability or a religious need.

Understanding these distinctions can be the difference between a viable claim and a missed opportunity. Shirazi Law Firm, P.C., helps employees when it comes to evaluating their workplace concerns, identifying the proper legal framework, and determining the most effective way to move forward under California law.

Your Rights Under California Discrimination Laws

If you have been harassed or discriminated against by an employer, you have the right to report this misconduct in good faith, and any illegal retaliation against you could lead to even more substantial compensation for you and more severe penalties for your employer. Some of the protected personal qualities that generally form the basis of most discrimination claims in Los Angeles include:

• Race. Employers may not show preferential treatment or extend job-related benefits to specific employees on the basis of race, nor may they take adverse action against employees of a specific race.
• National origin. Many people from all over the world come to the United States and Los Angeles specifically for work opportunities. Employers are not allowed to consider national origin in job-related decisions.
• Medical Leave or Condition. The Family and Medical Leave Act (FMLA) is a federal law allowing employees to take unpaid medical leave to address their medical emergencies and those of family members. The California Family Rights Act (CFRA) functions similarly at the state level, providing baby bonding time for new parents in addition to job protection. Employers may not violate FMLA/CFRA rules, nor may they base their job-related decisions on an employee’s medical status or a request for medical leave made in good faith. In addition to these laws, California’s Fair Employment and Housing Act requires employers to provide reasonable accommodation for such disabilities and medical conditions, including medical leave beyond the 12 weeks provided by the CFRA.
• Sexual Orientation. The state has some of the most robust protections for LGBT employees in the country, and it is unlawful for employers to discriminate on the basis of an employee’s sexual orientation, assumed sexual orientation, or gender identity or expression.
• Age (40+). Employers in the United States may not discriminate against older employees, and there are specific legal protections in place for employees age 40 or older.
• Gender. Any type of discrimination on the basis of an employee’s sex, gender expression, or assumed gender expression is a form of sexual discrimination in California. This specifically includes sexual harassment.
• Pregnancy. Employers may not make hiring or firing decisions on the basis of an employee’s pregnancy or any perceived risk that the employee may become pregnant. Employers must also provide reasonable accommodations for pregnant and nursing mothers.
• Religion. It is unlawful for any employer to fire, refuse to hire, or make negative employment decisions for members of certain religions or show preferential treatment to members of a certain religion.
• Disability leave of absence. If you must take a leave of absence due to a disability, the FMLA and CFRA provide job protection, ensuring you can return to your previous job once your disability leave ends. In addition to these laws, California’s Fair Employment and Housing Act requires employers to provide reasonable accommodation for such disabilities and medical conditions, which include medical leave beyond the 12 weeks provided by the CFRA.
• Military Service. Unfortunately, some employers discriminate against applicants and employees on the basis of their past or current military service. This is illegal.

If you believe that your employer has discriminated against you for any of these reasons, it’s vital to speak with a Los Angeles discrimination attorney as soon as possible to determine your best options for legal recourse.

How Discrimination Happens: Disparate Treatment vs. Disparate Impact

Discrimination can occur in more than one way. Disparate treatment occurs when an employer intentionally treats an employee or applicant differently because of a protected characteristic.

Disparate impact, on the other hand, occurs when a neutral policy or practice disproportionately affects a protected group, even if there was no intent to discriminate.

Examples could include strength requirements that are unrelated to the job, hiring only from certain schools, or algorithmic screening that excludes qualified candidates.

At Shirazi Law Firm, P.C., our Los Angeles discrimination attorneys can carefully evaluate both types of claims under California’s discrimination laws to determine the strongest approach for each situation.

Compensation for Workplace Discrimination in Los Angeles, CA

Your Los Angeles discrimination attorney is invaluable when navigating the discrimination claim process. They can also provide vital guidance in assessing the full scope of the damages you can claim from the defendant. Many people who experience workplace discrimination and harassment are unaware of the full scope of the damages they can secure from a defendant.

While they may be able to recognize lost wages, lost benefits, and other economic losses, they also have the right to hold their employer accountable for their emotional distress and attorneys’ fees.

Some individuals, unfortunately, endure sustained periods of consistent abuse at work, and others face persistently hostile work environments due to their employers’ discriminatory practices. You have the right to hold your employer accountable for a wide range of damages, including:

• Economic damages. If the employer illegally fired the employee, the employee is entitled to claim the wages and benefits they lost. It’s important to note that the FMLA and CFRA allow employees to take unpaid medical leave, so they cannot seek compensation for lost wages they would not have earned in the first place if their leave had been approved. However, if they are immediately fired after returning from leave, they would have the right to seek compensation for wages lost between the time of their firing and the time they filed their medical leave violation claim.
• Emotional distress damages. Experiencing unlawful discrimination of any kind can be psychologically damaging and traumatic. State law allows you to claim reasonable compensation for the suffering you endured This number often times greatly exceeds the economic damages.
• Legal fees. The defendant in your claim can be held responsible for the legal fees you incurred by bringing your case against them. If you hire the right Los Angeles FMLA attorney to handle your case, it will not cost you anything to bring your suit against your employer.
• Punitive Damages. On top of economic and emotional distress damages, employers can be liable for punitive damages to punish the employer for their outrageous actions and deter them from ever doing it again.
• Reinstatement. If the wrongfully terminated employee wants their job back, their Los Angeles FMLA attorney can help them secure reinstatement as an element of their case award. However, some employees will understandably have no desire to return to work for an employer who violated their rights.

If you succeed with a discrimination claim against an employer in Los Angeles, not only are they responsible for your damages, but also attorneys’ fees and potentially punitive damages.

FAQs About Los Angeles, CA Workplace Discrimination Laws

How Long Do I Have to Take Action if I Believe My Rights Were Violated?

How long you have to take action if you believe your rights were violated varies depending on the type of issue and the agency involved. In California, many employment-related matters require the initiation of an administrative process before you can file a claim, and those timelines are shorter than expected. That’s why it’s important to reach out to our team as soon as possible. We can ensure everything is filed on time so you don’t lose your chance to get relief.

What Kinds of Evidence Are Helpful in Discrimination Cases?

Some kinds of evidence that can be helpful in a discrimination case could include emails, text messages, performance reviews, and company policies that show how decisions are made. In addition, your pay records, promotion history, and schedules can help reveal the unequal treatment you received. It’s also important to keep a record of incidents so that you can show a timeline of events.

Can Discrimination Happen During the Hiring Process?

Yes, discrimination can happen during the hiring process. Job applicants are protected from biased decisions involving interviews, job postings, background checks, or during pre-employment testing. Patterns like excluding certain groups, asking improper or inappropriate questions, or unevenly applying criteria could raise concerns. Even if a job offer isn’t extended, our team can investigate the situation and guide you through your options.

Is a Single Incident Enough to Support a Discrimination Case?

In some situations, yes, a single incident could be enough to support a discrimination case. While discrimination involves repeated conduct, one serious action can be enough if it causes meaningful harm. If a termination, demotion, or the denial of a promotion is tied to a protected characteristic, you could have grounds for a discrimination claim. Our team is standing by and ready to investigate the details and guide you on your options.

Hire a Discrimination Lawyer in Los Angeles Today

Time is an important factor in any type of employment case, and it’s vital to meet all deadlines that apply to your situation. Facing uncertainty regarding your income and your household’s financial stability can be very difficult, but when you hire a discrimination lawyer as soon as possible, you give yourself the strongest chance of securing the most favorable outcome.

This ensures the freshness of any evidence you must leverage in your case, and if you must secure witness statements from co-workers to support your discrimination claim, swift legal action helps ensure the reliability of their testimony.

The Shirazi Law Firm, PC, has years of experience in California employment law and we will handle everything for you.

If you believe you have been harassed or discriminated against, call us now for a free confidential case evaluation at (310) 400-5891 for your free intake. You may also contact the Shirazi Law Firm online to schedule your consultation with our team, and we will let you know how our firm can assist you in holding your employer accountable for the discrimination you experienced.