Workplace Discrimination Lawyer
Discrimination is common in the modern work environment, so it is important to understand your rights and the actions you can take when you believe that your rights have been violated. Contact our workplace discrimination lawyer to review your case and answer your questions. When you understand your rights, you can take action to prevent future violations while protecting your co-workers. If you believe that your rights have already been violated, you should not be afraid to contact a workplace discrimination lawyer. Laws are in place to prevent you from being discriminated against for taking action against your employer. To understand what to do after facing discrimination in the workplace, take the time to understand what discrimination means in legal terms and the actions you can take when your rights have been violated.
What Is Workplace Discrimination?
Workplace discrimination describes specific violations that take place in the work environment while you are working in the capacity of an employee. In general, federal law prohibits discrimination in the workplace on account of a person’s race, gender, religion, national origin or age. Additionally, laws are in place to prevent employers from discriminating against people who are disabled as long as they can fulfill their job function in a sufficient manner. The law in California prohibits discrimination in the workplace on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status of any person. Specific laws that have been passed against discrimination include:
- California Fair Employment and Housing Act (FEHA): Passed in 1959, this Act prevents employers from discriminating against individuals because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
- Civil Rights Act of 1964: Passed in 1964, this federal act prevents employers from discriminating against individuals because of their race, religion, gender, or national origin.
- Age Discrimination in Employment Act: Passed in 1967, this federal law bans discrimination against employees because of their age.
- Americans with Disabilities Act: Passed in 1990, this federal act prevents employers from discriminating against people who are disabled.
Talking with a workplace discrimination lawyer about your case will provide valuable insight to your situation as well as clarification of any laws that may have been violated.
How Common is Workplace Discrimination?
Despite the wide range of laws that have been passed, discrimination remains a common problem in the workplace. According to one study by the U.S. Equal Employment Opportunity Commission, about 33 percent of workers become victims of discrimination at some point in their careers. One of the primary reasons why discrimination is more common that most people tend to believe is that discrimination is often not talked due to victims fearing retaliation when they speak up. Again, laws are in place to punish employers who retaliate against employees who assert their rights in discrimination cases, so you should not be afraid to take action when your rights have been violated. Contacting a workplace discrimination lawyer should be your first step in any action you wish to pursue.
According to the U.S. Equal Employment Opportunity Commission (EEOC), the number of workplace discrimination complaints were at record highs in 2016. The agency received 91,503 charges of workplace discrimination broken down into the following categories:
- Workplace Retaliation: 42,018 (45.9 percent of all charges filed)
- Race Discrimination: 32,309 (35.3 percent)
- Disability Discrimation: 28,073 (30.7 percent)
- Sex: 26,934 (29.4 percent)
- Age: 20,857 (22.8 percent)
- National Origin: 9,840 (10.8 percent)
- Religion: 3,825 (4.2 percent)
- Color: 3,102 (3.4 percent)
- Equal Pay Act: 1,075 (1.2 percent)
- Genetic Information Non-Discrimination Act: 238 (.3 percent)
Discrimination vs. Harassment
It is important to understand that there are specific boundaries to the definition of discrimination. Some wrongs that are committed in the workplace are not considered discrimination, but they can still be illegal under different laws. In particular, harassment is one area of law that many people confuse with discrimination. In cases of discrimination, perpetrators intend to violate the rights of certain employees by treating them differently regarding terms and conditions of employment. In cases of harassment, however, employers can be held liable even if they did not target terms and conditions of employment. Harassment laws enable victims to sue their employer as long as the violator should have known that harassment was taking place. Additionally, harassment cases can be filed against co-workers or other people who are found in the workplace besides the employer. In contrast, discrimination laws only enable employees to sue their employer with the help of a workplace discrimination lawyer.
Types of Workplace Discrimination?
There is a wide range of actions that can be considered discrimination. Some of the most common forms of discrimination include:
- Age Discrimination: Some employers do not realize that it is illegal to discriminate against employees on the basis of their age. If, for example, a college student possesses capabilities equivalent to an older counterpart in the workplace, employers are required to treat the individual over the age of 40 equally.
- Gender Discrimination: Gender roles tend to differ in many areas of life, but federal laws make it illegal for employers to discriminate on the basis of an individual’s sex. An employer who hires only male staff members for a sales team due to a belief that males make better salespeople would be in violation of discrimination laws.
- Race Discrimination: Discrimination by race has been made illegal under U.S. federal and California law. An employer cannot make people of color feel unwelcome in their establishment.
- Religion Discrimination: Although religion is a common source of division among people, employers cannot treat employees differently on account of their religious beliefs. A public corporation cannot, for example, exclude qualified job candidates by claiming to be a “Christian company.”
- National Origin Discrimination: Employers cannot discriminate against an employee because of the country in which they were born or raised. An employer could not, for example, offer extra pay for employees who originate from Asia.
Do I Need to Hire a Workplace Discrimination Lawyer?
When your rights have been violated, it is critical to speak with a workplace discrimination lawyer to take action to prevent further violations. In some situations, you may be able to receive compensation in court for the discrimination that you faced while working for an employer. Additionally, laws are in place to prevent employers from retaliating against you for taking legal action, so you have nothing to worry about by asserting your rights. If you believe that your rights were violated, you should speak to a qualified workplace discrimination lawyer to understand whether you have a viable chance of succeeding at suing your employer in court.
- This article should only be used for informational purposes. It does not constitute legal advice, and it does not create an attorney-client relationship with anyone. If you need legal advice, please consult an attorney in your community.
A Review of Rizio Lipinsky
Workplace Discrimination Lawyer
When I was discriminated and denied a job for being pregnant, I was devastated, overwhelmed, mad and hurt. When I met with Mr. Lipinsky he let me know it was going to be ok, any questions or concerns he answered right away. He made me feel like a friend not just a client, someone I can talk to and would listen. He really looks for your best interest at heart. I looked around for other lawyers before finding Mr. Lipinsky, and he was the only one that trully explained everything to me in detail and spoke to me with the truth with anything and everything dealing with my case. With Mr. Lipinsky you don't only have a lawyer that will fight for what is entitled to you, but a friend that lets you know its ok and things like this happen to the best of us.