At V. James DeSimone Law, our Los Angeles employment discrimination lawyers know how difficult it can be to face discrimination in the workplace. Because of this, we have made it a personal priority to provide employees with the high-quality services they need to get through. Discrimination in the workplace should not be tolerated. Whether you are facing: age discrimination, race discrimination, gender discrimination, pregnancy discrimination or sexuality discrimination from an employer or coworker, our team can help.
Learn about our $1.58 Million dollar verdict against UCLA for discrimination and hostile work environment in August of 2019.
Some California employers will attempt to illegally discriminate against certain employees through a company reorganization. While these employees would typically be protected under federal and state laws, employers often attempt to eliminate their positions entirely through the reorganization process, to hide their discrimination attempts. Victims of discrimination often find themselves without employment and unsure if they can seek recourse or compensation for their company’s actions.
There are several protected classes of people who commonly face discrimination in the workplace in the state of California. Older employees, pregnant employees, minority employees, disabled employees, LGBT employees, and whistleblower employees who have reported illegal activity of their employer in the workplace. Under federal law, no person may be discriminated against due to their race, color, religion, sex or national origin. Additionally, the state of California does not allow discrimination based on those characteristics as well as national origin, ancestry, physical disability, mental disability, medical condition, pregnancy, genetic information, marital status, gender, gender identity, gender expression, age, sexual orientation or military and/or veteran status.
Discrimination can occur in the following ways:
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First, some companies must reorganize and downsize in order to stay in business. Unfortunately, this means that some employees will be terminated. Not every case of reorganization or downsizing rises to the level of discrimination. If an employer has ensured that objective criteria were used, never verbalized any discriminatory or harassing comments, and conducted some sort of statistical analysis to determine that the workforce reduction did not have a disparate impact on women, minorities or older works, there likely is no actual legal basis for discrimination.
Proving you are a victim of illegal discrimination in the workplace in the State of California requires that a person prove under the McDonnell Douglas test that they are a member of a protected class, that they were performing their job with competency before the company reorganization or downsizing, that they suffered an adverse employment action such as being fired, and that the circumstances or evidence prove that the firing was motivated by illegal discriminatory reasons.
After a plaintiff establishes a prima facia case (legitimate case at first glance) of illegal discrimination, their employer will have an opportunity to provide the court with a nondiscriminatory and legitimate reason for the termination. If the employer is able to do so, then the plaintiff may have one more opportunity to dispute their reasoning and show that the firing through the reorganization was truly discriminatory in nature.
If a person can prove that their employer discriminated against them based on a protected class under the law, a victim may be able to receive lost wages, attorney fees, and compensation for emotional distress. In some egregious cases, the court may award punitive damages, which are damages intended to punish the company for their behavior as well as attempt to prevent other companies from engaging in the same illegal discrimination in the future.
If you have been the victim of discrimination in the workplace, the Los Angeles employment discrimination lawyers at V. James DeSimone Law are here to take legal action on your behalf. This can often happen to multiple people in the same company and when it does, you and your coworkers can bring your cases together to build a strong, combined legal strategy. This holds the employer responsible for allowing discrimination and can help you avoid retaliation. If you lost money due to discrimination, you may be able to seek a settlement as well.
When you contact our firm, you will speak directly with the attorney handling your case. This means you can ask questions, express your concerns, and receive the advice you need to move forward with confidence. It is essential in these difficult matters to have a strong and tenacious advocate on your side to stand by your side through negotiations and trial.
Workplace discrimination should not be tolerated. Take the action necessary to help see that nobody else has to deal with this same type of treatment in the future. We are on your side from start to finish. Our firm proudly serves clients throughout Los Angeles, San Bernardino County, Orange County, and all of Southern California.
If you are facing the following from an employer or coworker, it is important to place your employer on written notice of the discrimination and follow its procedures and policies, if any, usually found in an employment handbook.
As you navigate that process, it is helpful to contact an Attorney. In cases we are considering accepting for representation, we provide advice and guidance. We have a lot of people asking for help, so we have a helpful and dedicated intake team that will gather information so we can best inform if we can assist you.
We urge you to call V. James DeSimone Law today and schedule a consultation. Our intake team will meet with you personally to discuss the specific circumstances of your matter, and also how we might be able to assist you. Our intake team takes the time needed and special care with each new potential client to determine if, and how we can help.
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