Campbell Discrimination Lawyer
Discrimination in the workplace is against the law in California at both the state and federal levels. Unfortunately, this does not mean that employers never engage in these wrongful behaviors. Workplace discrimination happens in California more often than many people realize. Statistics indicate that it is still common for employers to discriminate based on sex, gender, pregnancy, and race. Although it can seem daunting to challenge your employer, it is vital that you understand your rights as an employee. Hiring a Campbell, California, employment law attorney can help to put you on a more level playing field with the employer who is treating you unfairly. Contact the Costanzo Law Firm to learn more about how we can protect your rights in your place of work. Call 408-993-8493 to speak to a dedicated Campbell discrimination lawyer today.
Protected Categories in California
As mentioned, California law protects against discrimination based on categories beyond those protected under federal law. Categories that are subject to protection in California include:
- country of origin
- race or color
- gender identity
- sexual orientation
- marital status
- genetic information
- medical condition
- military/veteran status
Federal protections overlap many of these areas, but California expands on those laws. The consequences of violating discrimination laws in the workplace can be serious. If your employer discriminated against you based on any of the above categories, you should speak to a Campbell, California, employment law attorney today.
What is Discrimination in the Workplace
Workplace discrimination takes place if your employer makes an important decision that negatively impacts your employment status based on your membership in a protected class. Some of the obvious cases of important workplace decisions include hiring and firing an employee. However, other decisions also can have serious consequences for an employee’s career. If your employer refuses to offer you a promotion because of the above factors, the law provides protection. Additionally, limiting individuals’ access to training or education resources based on any of those protected classes is also illegal. Some examples of discrimination in the workplace would include refusing to hire a person because of their sexual orientation, firing a person because of their pregnancy, or refusing to promote an individual because of their age if the individual is over 40 years old. If you suspect that you have been the victim of discrimination at your place of work, contact a Campbell, California employment law attorney to discuss your claim and your legal options.
Filing a Discrimination Claim in Campbell, California
To file a claim for discrimination in Campbell, California, you will have to decide whether you are pursuing a claim based on federal law or state law. As mentioned, California law expands the protected classes which employers are prohibited from discriminating against. Because of this, there may be cases in which an employee will have a valid case in California but not have a case under federal law. Federal law also provides certain extra protections for businesses that can negatively impact an employee’s case. For this reason, California courts may be considered by many to be more friendly to plaintiffs filing discrimination claims than are federal courts. Your attorney will be able to counsel you on the best course of action in your particular case.
The first step is often to file with the Equal Employment Opportunity Commission if you are filing a federal claim or the California Department of Fair Employment and Housing if you are filing a claim based on state law. Those agencies will then send you a letter stating that you have the right to sue. To learn more about the process of filing a claim and your rights as an employee in California, contact a Campbell, California employment law attorney.
Wrongful Termination and Retaliation in Campbell, California
California employees largely work on an “at-will” basis. What this means is that your employer can terminate your position at any time without explaining their reason for ending your employment. There are, however, exceptions to this rule. For instance, discrimination is an illegal reason to fire an employee. It can be challenging to prove that your employer fired you for a discriminatory reason; however, there are ways to show that such is the case. In many instances, employees will benefit from keeping careful records of employment-related documents. Careful record keeping can help you build your case and attack false claims on the part of your employer.
Employees who suffered discrimination at work but are still working for their employer will often fear that bringing the claim will result in negative consequences. Many people fear that challenging their employers could cost them their job. In California, it is illegal to retaliate against an employee for that employee’s decision to file a discrimination claim. To learn more about how the law protects you from discrimination and workplace retaliation, contact a Campbell, California, employment law attorney today.
Call Costanzo Law Office Today for Help With Employment Discrimination in Campbell
The attorneys at the Costanzo Law Firm are ready to stand up for your rights. Call us today at 408-993-8493 to speak to a dedicated Campbell employment discrimination attorney.