If you feel that you have been the victim of workplace discrimination, you have rights—let Wilshire Law Firm protect them. Our nationally-recognized workplace discrimination lawyers have the legal expertise you need to obtain the absolute best result for your workplace discrimination claim. With hundreds of millions of dollars recovered for our clients since 2007, Wilshire Law Firm has the financial resources and the manpower to stand up and fight for you. Contact our award-winning employment attorneys today by calling (800) 522-7274 to get started with your FREE case consultation.
Since the Civil Rights movement, states and the federal government have instituted many laws and regulations protecting employees from discrimination based on a number of characteristics. Early statutes such as the Civil Rights Act of 1964 prohibited employers from discrimination against employees on the basis of sex, race, color, national origin, or religion. Later laws have created further characteristics that are protected from discrimination under law, including disabilities and age. While not exhaustive, the following list contains many of the lawfully protected statuses:
- Skin Color
- National Origin
- Sexual Orientation
- Political Affiliation
What Actions Qualify as Workplace Discrimination?
Not all employer actions or workplace hardships will meet the legal requirements for workplace discrimination. To be successful with their claim, an employee must show that they experienced a negative employment action that was motivated at least in part by unlawful discrimination. Some common actions that qualify as workplace discrimination include:
- Not choosing a job applicant because they belong to a protected status
- Excluding certain protected statuses during employee recruitment
- Denying pay raises, promotions, or benefits to certain protected statuses
- Paying two employees with similar qualifications different salaries
- Discriminating against employees requesting time off
- Refusing to provide reasonable accommodations for employees with disabilities
- Creating a hostile work environment for a protected status
- Retaliation for engaging in a legally protected activity, such as a whistleblower complaint
Recognizing what workplace discrimination looks like is the first step in preventing it. Any of these actions should be viewed as a red flag that workplace discrimination may be occurring at your place of employment.
Proving your Discrimination Case
When an employee brings a workplace discrimination claim forward, they do NOT need to prove that discrimination was the sole motive behind the negative employment action they suffered from. Instead, employees have to prove that discrimination played ANY role in the negative employment action they experienced.
Both these mixed motivation claims and any other discrimination claim should seek both direct and indirect evidence to strengthen the argument they present. Direct evidence includes discriminatory statements made by the employer, as well as any written correspondence that might help your case, such as an employee handbook, employment contract, and past performance reviews.
Indirect evidence, in contrast, takes many different forms, but is used to demonstrate the discriminatory intentions behind an employer’s negative actions. This type of evidence is used to display that an employer’s stated reasoning behind a negative employment action is demonstrably untrue. Additionally, being able to show that a pattern of discriminatory behavior occurred to other members of the same protected status at work is effective in proving a workplace discrimination claim.
While there are some exceptions, most workplace discrimination claims must be filed with the U.S. Equal Employment Opportunity Commission within 180 calendar days of the employer’s negative actions. However, if you are pursuing a claim with the California Department of Fair Employment and Housing, the claim must be filed within one year of the adverse employment action. Regardless of how much time you may have to file your claim, it’s a good idea to file your claim as soon as you have made the decision to file.
What Compensation is Available to Workplace Discrimination Victims?
As an employee, you have the legally guaranteed right to fair and equal treatment at your place of employment. If that right is violated, the workplace discrimination attorneys at Wilshire Law Firm have successfully secured more than $350 million on behalf of our clients, and they can help you too. The compensation available to workplace discrimination victims is as follows:
- Lost Wages (Past & Future)
- Lost Benefits
- Compensatory Damages
- Pain and Suffering
- Punitive Damages
Successfully representing workplace discrimination victims since 2007, Wilshire Law Firm’s goal with every case is to achieve the absolute best result for our clients. With a reputation for and a commitment to legal excellence, we have the resources, the tools, and the experience you need to maximize your workplace discrimination claim. To get started with your FREE case consultation, call Wilshire Law Firm today at (800) 522-7274 or fill out our online contact form.