ORANGE COUNTY LABOR & EMPLOYMENT LAWYERS
FOR WORKING PEOPLE
Stevens & McMillan Employment Law Firm
Workplace Discrimination
Discrimination in the workplace may be described as an employee being treated differently – in a negative way – based on a particular attribute they have or a class to which they belong.
Imagine being passed over for a promotion you were more than qualified for because of the color of your skin. Think about what it would feel like to know you were demoted because you turned down your manager’s invitation to a romantic dinner. Contemplate the scenario of making a complaint to your human resources department regarding abusive comments made by coworkers about your gender identity, yet nothing is done and no action is taken.
- What if you were let go from your position because you were “too old” and then replaced by someone significantly younger and less experienced?
- How would you cope with your boss firing you because you took pregnancy leave?
- Could you afford losing your job if you were let go after requesting medical leave?
- Consider a situation where your boss insisted you work off the clock or denied you your mandatory rest breaks?
- Does it seem right for an employer to deny your request for reasonable accommodations for your disability?
- How would it impact your work performance working in an office where people singled you out because of your faith?
Unlawful discrimination can arise in a number of ways in the workplace and negatively impact your life on and off the clock.
Am I a victim of workplace discrimination?
An employee may be able to identify discriminatory treatment by using the phrase “because of…”. If an employee can pinpoint the mistreatment to be “because of” their legally recognized class or attribute, the employee may be a victim of discrimination. For instance, an employee continuously written up by their supervisor for false reasons may say: “I was written up because of my race.” In that scenario, although the employee was written up, they are able to isolate the unfair or unjust treatment to be based on their race, not their unsatisfactory performance.
Not all discrimination is considered unlawful. Workplace discrimination becomes a legal matter when the behavior or practice meets the legal definition of unlawful discrimination. Discrimination at work becomes unlawful when the negative treatment towards an employee is motivated by a protected class, attribute or activity the law recognizes.
A person may be considered a victim of discrimination in the workplace if their circumstances involve a protected class, including but not limited to the following:
- I was discriminated against based on my age
- I was sexually harassed at work
- I was discriminated against based on my gender
- I was discriminated against based on my sex
- I was discriminated against based on my disability
- I was discriminated against based on my sexual orientation
- I was discriminated against based on my race
- I was discriminated against based on my natural hair
- I was discriminated against based on my religion
- I was discriminated against based on pregnancy
- I was discriminated against based on taking medical leave
- I am a victim of workplace retaliation
- My employer may be violating wages and hour laws
Treated Unfairly in the Workplace?
Stevens & McMillan Employment Lawyers Are Here to Help
Discrimination by presumption
You may be a victim of workplace discrimination even if you do not fall under one of the above categories. If your boss or manager assumes you have a certain characteristic or fall under a certain class, and then treats you negatively because of that assumption, then you may have been a victim of discrimination.
Employees who do fall under a recognized protected class are not the only individuals who are shielded by anti-discrimination law. The law acknowledges employees can become victims of unlawful discrimination by the presumption of belonging to a protected class or having a protected attribute. For example, an employee may be treated poorly and exposed to racist jokes from a manager based on the presumption the employee is Chinese. In this example, although the employee did not identify Chinese, the employee may be a victim of discrimination. Another example would be if an employee was singled out at work based on the assumption that he/ she is homosexual. In that situation – even if the employee did not identify as homosexual – this mistreatment may be characterized as unlawful discrimination as it is perceived orientation.
Discrimination can take many forms
Discrimination can manifest in many different forms, which is why there is a need for a legal-mind to assess all aspects of an individual’s circumstances.
Depending on the facts of the individual case, some forms of discriminatory behavior rise to the level of being unlawful. Examples include:
- Wrongful Termination
- Passed over for promotion
- Removed from work schedule
- Denied shifts/hours
- Teasing, name-calling, jokes
- Demotion
- Transfer of location or department
- Attempts to hinder work performance
- Refusal to provide reasonable adjustments, modifications or accommodations for a recognized disability.
The kinds of situations mentioned may be motivated by unlawful discrimination. Workplace practices and behaviors become discriminatory when the mistreatment is based on what the law recognizes as a protected class or attribute as listed previously.
Sexual harassment in the workplace is against the law
There are laws in place which protect individuals from Sexual harassment in the workplace. Sexual harassment can be expressed in many different ways such as through touching, verbal comments, gestures, shared images, and more. Because the behavior can be demonstrated in so many ways, sharing your story with a legal professional at our firm may provide clarity on the situation.
We handle various types of sexual harassment in the workplace including but not limited to:
- Co-worker Sexual Harassment
- Same Sex Harassment
- Office/Holiday Parties
- Sexual Advances
- Sexual Coercion
- Sexual Joking, Sexual Comments
- Supervisor Sexual Harassment
- Unlawful Touching
Do I need to be an employee?
Whether you were terminated or let go from your position, you may have a claim against your employer. Employment laws also extend to hiring practices, which means you may have a claim if you were denied employment in the first place because of your protected class or attribute.
Our Recent Case Results*
Over $100 Million Collected on Behalf of our Clients
- Age Discrimination
Results: $3.1 Million - Disability Discrimination
Results: $465,000 - Gender Discrimination
Results: $325,000 - Medical Condition Discrimination
Results: $700,000 - Race Discrimination
Results: $260,000 - Whistleblower
Results: $1.2 Million
- Medical Leave Discrimination
Results: $1.9 Million - Pregnancy Discrimination
Results: $225,000 - Same Sex Harassment
Results: $385,000 - Sexual Harassment
Results: $450,000 - Unpaid Commissions
Results: $450,000
Free Consultations
Stevens & McMillan offer free consultations to discuss a person’s employment issue.
The firm prides itself on taking the time to consider multiple angles of a case
as a means to uncover any rights available to the individual, before
deciding on the best avenue for the
individual’s unique matter.
AREAS OF PRACTICE
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature, including text messages and emails.
An employee can be considered to have been wrongfully terminated if discrimination is involved in the termination, if public policy is violated, or if company policy states guidelines for termination and those guidelines were not followed.
Retaliation occurs when an employer punishes an employee for engaging in legally protected activity. Retaliation can include any negative job action, such as demotion, discipline, firing, salary reduction, or job or shift reassignment.
California law forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40,
Pregnancy discrimination is a type of employment discrimination that occurs when expectant women are fired, not hired, or otherwise discriminated against due to their pregnancy or intention to become pregnant.
Racial discrimination is any discrimination against individuals on the basis of their skin color, or racial or ethnic origin.
Religious discrimination is treating individuals differently in their employment because of their religion, their religious beliefs and practices, and/or their request for accommodation of their religious beliefs and practices.
Disability discrimination occurs when an employer discriminates against or fails to accommodate an employee who has a disability
Gender /sex discrimination is any action that specifically denies opportunities, privileges, or rewards to a person (or a group) because of gender. The practice of letting a person’s gender become a factor when deciding who receives a job or a promotion, is gender discrimination.
National Origin Discrimination
National origin discrimination involves treating people (applicants or employees) unfavorably because they are from a particular country or part of the world, because of ethnicity or accent, or because they appear to be of a certain ethnic background (even if they are not)
If you qualify for a medical leave for your own serious health condition, or the serious health condition of certain family members, you cannot be retaliated against or terminated for taking the leave.
California employers have strict rules regarding how to pay wages, when to give meals and breaks, and how to pay overtime. It is illegal to terminate or retaliate against an employee who asks for wages he is entitled to
CLIENT REVIEWS
They made themselves available to us at all times to answer questions or to simply listen to us about our concerns. Both Dan and Heather were there for us when we needed them most. They set very clear expectations and we greatly appreciated that. Let's face it, the thought of hiring an attorney is scary, and finding the right attorney can be downright challenging and overwhelming.
With Stevens and McMillan, we were made to feel like family. They showed us through their actions that we mattered and that they truly cared about us. They made an otherwise horrific experience during one of the worst times in our lives bearable and we are forever grateful for that."
