Does your job seem different than it did when you started? Are you excluded from meetings that you used to attend regularly? Have people been divided into groups that don’t make any sense? If you notice that something isn’t right at work, you may be witnessing a form of employment discrimination.

Many people believe that employment discrimination doesn’t exist anymore because of all the legal protections in place. Discrimination in the workplace is still alive and well, but can be more difficult to prove. California is one of many “employment-at-will” states, in which your employment can be terminated for no reason.

The most common forms of employment discrimination include:

  • Race
  • Age
  • Religious
  • Gender orientation
  • Nationality
  • Harassment (sexual and non-sexual)
  • Retaliation
  • Other distinguishing factors

Individuals in these protected classes may be the focus of a form of employment discrimination, such as a layoff or a change in workload. You may experience other forms of discrimination as well, such as favoring one group over another. There are a number of laws in the U.S. that prohibit workplace discrimination:

The Los Angeles discrimination lawyer with Levian Law has represented victims of all these types of biases in the workplace, and is ready to help you.

Racial Discrimination

We live in a multicultural society, especially in Los Angeles. On any given day you may come in contact with people from five to ten different countries. You may even work with multiple people whose ancestry is as varied as the City of Angels.

Stereotyping employees based on their race is discrimination and is illegal. If you’ve experienced:

  • Racist comments about an individual or a specific group of individuals
  • Denied a promotion opportunity based on race
  • Terminated employment based on race
  • A hostile work environment for a specific race

You may be experiencing racial discrimination.

Sex/Gender Discrimination

Discrimination against who an individual based on sex or gender also against the law. While it can happen to anyone at any time, women and LGBT employees are frequently targeted. Being subjected to different or unequal treatment as an employee based on your sex or gender affiliation is considered discrimination.

An employment policy or practice that applies to every one of both sexes, can be considered illegal if it has a negative impact on the employment of people of one sex or the other, but is not job-related or essential to the business’ daily operations.

An employer is also not allowed to discriminate based on pregnancy. This includes layoffs and firing based pregnancy.

Age Discrimination

You’ve probably heard about individuals laid off in favor of hiring younger and less expensive employees. An employee over 40 is considered a “protected class” under the ADEA, and cannot be terminated solely on the basis of age,.

Proving age discrimination is much more difficult since the Supreme court ruled 5-4 on Gross v. FBL Financial Services, Inc. This 2009 case increases your burden of proof to prove you were discriminated against solely because of age. You must prove that age was the primary reason behind an action, such as a layoff or mandatory retirement. Employers will quickly demonstrate that a layoff for a 40-plus employee 40 was not age-related.

Is It Employment Discrimination Or Just Unfair?

Sometimes it’s discrimination, and sometimes it isn’t. It can be direct, when you are being treated less favorably than someone else, or indirect, such as adding a condition to your job that you are unable to comply with, like lifting more than 75 pounds.

Unfortunately, it’s not enough to think you may have been discriminated against–you have to be able to prove it. You might be able to tell by asking yourself the following questions:

  • Have you had consistently good employee reviews, but are suddenly the target of disciplinary actions?
  • Are employees telling inappropriate jokes or making impolite comments about a specific group or a protected class of employees in the workplace?
  • Are you a member of a protected class, but are experiencing unfair treatment or the subject of a layoff or termination? (i.e., replacing employees over 40 or 50 with much younger employees.)
  • Are you (or others like you) being singled out for corrective or other disciplinary actions? What about others (such as LGBT employees)?
  • Have you witnessed consistent biases against a specific group of people (women, minorities) being passed over for transfers or promotions?
  • Have you reported wrongdoing or safety concerns on the job, but have been ignored?

Fighting Back Against Discrimination

Levian Law understands that discrimination may not always be obvious. Filing a claim or a lawsuit based on workplace discrimination can be difficult and complex. Let us help you through the process, and make sure your rights are protected. Contact Levian Law today at (888) 694-8869 or contact us online to schedule your free consultation.

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