Santa Clara Discrimination Lawyer
Santa Clara employers are prevented by state and federal law from discriminating against employees based on an employee’s protected status. The federal law protects against discrimination based on many different attributes, and California State law protects against even more classes. Unfortunately, studies indicate that despite the laws in place to protect against discrimination, employers in California still discriminate based on age, race, pregnancy, gender, sex, and more. These unlawful employment practices occur more often than many people realize. If you believe that you have been subject to employment discrimination, contact the Costanzo Law Firm to learn more about your rights as a worker in California. Our attorneys are experienced in protecting employees from unlawful discrimination at the hands of their employers. Call us today at 408-993-8493 to speak to a Santa Clara discrimination lawyer.
Protected Categories in Employment Discrimination
California law protects employees from discrimination based on the following:
- country of origin
- race or color
- gender identity
- sexual orientation
- marital status
- genetic information
- medical condition
- military/veteran status
Many of these categories are also protected by federal laws. However, California law has more comprehensive protections against workplace discrimination. The consequences of discriminating against an employee in California are severe. If you believe your employer discriminated against you unlawfully, contact a Santa Clara employment law attorney today.
What is Discrimination?
Discrimination refers to an employer making any important employment-related decisions that negatively affect an employee based on the employee’s membership in a protected class. Important employment-related decisions include not only hiring and firing but also promotions, demotions, and access to resources, training, and career advancement opportunities. Examples of illegal workplace discrimination include an employer refusing to hire an individual based on that individual’s religion, firing an employee because of the employee’s sexual orientation, or refusing to promote an employee because of pregnancy. There are many other ways in which an employer may discriminate against an employee in California. If you have questions regarding workplace discrimination in Santa Clara, California, contact an attorney at the Costanzo Law Firm to learn your rights and how to protect yourself from these wrongful actions.
Wrongful Termination in Santa Clara
One of the ways in which an employer may discriminate against employees is by wrongfully terminating a person based on that individual’s membership in a protected class. There are also other ways in which an employer may wrongfully terminate an employee. Employers in California will often provide a pretense as to why they terminated an employee. Pretenses can help the employer protect against claims of discrimination. In general, employers do not have to provide a reason for their decision to terminate their employees, as most California workers are “at-will” employees. However, if you believe that your employer wrongfully terminated you in a discriminatory fashion, it is a good idea to keep detailed records regarding your employment. To learn more about what you can do to challenge an employer who wrongfully terminated you, contact a Santa Clara, California employment law attorney.
Filing a Discrimination Claim
If you believe that you were discriminated against by your employer, you could choose to file a discrimination claim against that company. If you file your claim based on federal law, you will first go through the EEOC. If you are filing a state law claim, you will file with California’s Department of Fair Employment and Housing. Within months, the agency with which you file your claim will either take action directly or notify you of your right to sue your employer for discrimination.
California law protects more classes than are protected by federal statutes. Additionally, California’s discrimination laws apply to more businesses than the federal laws, as the California statute covers companies with fewer employees. The legal system can be complicated and challenging to navigate. An experienced Santa Clara, California, employment law attorney will be able to help you through this process.
Retaliation and Protections for Workers in Santa Clara
Many employees hesitate to file claims against their employers out of fear of retaliation. It is important to understand that you have the law on your side when it comes to employer retaliation for filing discrimination claims. The law is designed to protect employees from retaliation at the hands of their employers in order to ensure that employees are not afraid to assert their rights. If employers were permitted to retaliate against employees for filing claims, few claims would ever be brought against businesses. To learn more about how the law protects you from workplace retaliation, contact a Santa Clara, California, employment law attorney at the Costanzo Law Firm.
Call the Costanzo Law Office Today for Help with Employment Discrimination Claims in Santa Clara
At the Costanzo Law Office, our Santa Clara employment law attorneys understand how important it is for employees to feel empowered and able to stand up for their rights against their employers. Hiring an experienced employment law attorney will help ensure that you have a powerful advocate who is prepared to fight against workplace discrimination. Call 408-993-8493 to learn more about how our attorneys can help you.