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Workplace Discrimination Taking a Personal Approach to Law

Delivering the Legal Counsel You Need

State and federal laws prohibit employers from making employment decisions based on an applicant's or employee's personal characteristics. Any employer that violates the statutes may be accused of engaging in discriminatory practices and may be penalized for such conduct. If you were unlawfully mistreated by a current, former, or potential employer, you may have the right to pursue legal action and seek remedies for the harm you suffered. However, because employment law is such a complicated area, attempting to handle your case on your own may be overwhelming. That is why it's necessary to hire an attorney who understands your rights as an employee and knows how to effectively navigate the claims process.

At the Law Office of George Gedulin, our San Diego attorneys can provide the sound guidance you need throughout your discrimination case. We believe that any employer that allows or overlooks mistreatment in the workplace should be held accountable. Thus, we thoroughly review and evaluate these matters to develop intelligent and innovative strategies to help aggrieved employees pursue the justice they deserve.

For the individualized attention your case needs, call us at (858) 281-4605 or contact us online. We're available 24/7 to take your call.

Defining Workplace Discrimination

Workplace discrimination occurs when an employer or its employees mistreat a worker because of their membership in a protected class. A protected class is a group of people who share physical or status characteristics. State and federal laws have similar yet somewhat different definitions of protected classes.

Under Title VII of the Civil Rights Act of 1964 (federal law), protected classes include:

  • Age
  • Disability
  • Race
  • Color
  • Religion
  • Sex
  • National origin

California law prohibits employers from discriminating based on the following characteristics:

  • Race, color
  • Ancestry, national origin
  • Religion, creed
  • Age
  • Physical or mental disability
  • Sex, gender
  • Sexual orientation
  • Gender identity, gender expression
  • Medical condition
  • Genetic information
  • Marital status
  • Military status

Both state and federal laws prohibit discrimination at any point during the employment process, including but not limited to screening, interviewing, hiring, terminating, promoting, or training. The federal law applies to employers with 15 or more employees, and the California law applies to public and private employers of 5 or more employees. Also, state law covers people who were employees, interns, volunteers, or contractors of a company.

If you have been subject to unlawful workplace practices, reach out to the Law Office of George Gedulin to learn about your rights under the anti-discrimination statutes. We can help you understand your legal options and an effective course for seeking justice for the harmful treatment you sustained.

Reasonably Accommodating Workers in Protected Classes

As part of the requirement for employers to provide workplaces free of discrimination, state and federal laws also require companies to make reasonable accommodations for employees who need them. For instance, if a pregnant worker needs more frequent restroom breaks, the employer must find a way to meet their needs. The accommodations do not have to be exactly what the employee requested, but they should be such to ensure that discriminatory practices are not at play. Also, the employer does not have to make accommodations that would cause undue hardship.

Remedies Under Anti-Discrimination Laws

Employees who have been discriminated against in the workplace may be entitled to several legal remedies.

A few of these include:

  • Back pay
  • Front pay
  • Employment reinstatement
  • Reasonable accommodations
  • Punitive damages
  • Attorney's fees and court costs

In addition, if an employer is found to have engaged in discriminatory practices, it may be ordered to change its policies and implement training to prevent such conduct from occurring in the future.

Schedule a Consultation Today

Our lawyers in San Diego can ensure that you successfully file your discrimination claim. We can also represent you throughout your case, seeking an optimal result on your behalf. Whether your matter can be resolved through negotiations or must be litigated, we will fight hard for you.

Learn more about your options and the process for pursuing a claim against your employer by calling (858) 281-4605 or submitting an online contact form.