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Sacramento Discrimination Lawyer

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Sacramento Discrimination Lawyer

Sacramento Discrimination Attorney

Defending Clients Facing Workplace Discrimination in Sacramento County

If you feel you are a target for workplace discrimination, you need skilled employment law representation in your corner immediately. When you need a Sacramento discrimination lawyer, contact us for the legal help you need.

Discrimination against employees in the workplace — on the bases of:

All of the above are against the law.  For more than 20 years of successful employment law practice in Sacramento and throughout central and Northern California, the Fulton Law Corporation has been protecting people’s civil rights. We can be the champion you need to overcome workplace discrimination and obtain justice.

Forms of Workplace Discrimination

Workplace discrimination can take many different forms. Whatever the form, discrimination unfairly treats an employee or group of employees based on their status under a protected characteristic. Understanding workplace discrimination is the first step to understanding your rights.

  • Employees can’t be discriminated against based on their race, ethnicity, skin color, or nationality. This includes unjust hiring, being overlooked for promotion, wage gaps, or snide remarks that are based on racial or ethnic bias. Employers are not permitted to create or tolerate a hostile working environment through slurs, stereotypes, or worker segregation.
  • Gender discrimination can mean differential treatment, harassment, or denial of opportunities based on sex, gender identity, or sexual orientation. This also includes pregnancy discrimination, where companies won’t accommodate, allow leave, or terminate a worker because they are pregnant or suffering from a medical condition.Sexual harassment in the form of unwanted advances, quid pro quo, or general remarking also belongs in this category.
  • Employers over 40 are protected under the Age Discrimination in Employment Act (ADEA). They typically manifest in the form of denial of promotions, unfair dismissal, or being replaced by younger workers who are just as or not as qualified. Age-specific jokes or remarks can further make a work environment hostile.
  • Employers are required to make reasonable accommodations for disabled workers unless doing so causes unnecessary distress. Discrimination occurs when companies do not provide accommodations, hire or fire employees on the basis of a disability, or abuse mentally and physically impaired workers.
  • Workers should be able to worship freely. Employers should be able to make reasonable exceptions, including religious holidays, dress code exemptions, or prayer breaks. Discrimination is the practice whereby workers are discriminated against because of religious views or associations.
  • Employers can’t punish employees for filing complaints of discrimination, participating in an investigation, or refusing to tolerate discrimination. Retaliation is wrongful termination, demotion, pay reduction, harassment, or bad performance reviews as a means of punishment for employees speaking out.

Signs of Workplace Discrimination

While workplace discrimination is not always obvious or overt, there are signs that you can look for to help determine if you’ve been discriminated against. Sometimes, you may notice a change in your environment or how you are treated, even in subtle ways. Some of the signs you should look out for include:

  • Unfair or unequal treatment. You may notice that your coworkers are being treated better than you, such as receiving perks or promotions that you are consistently looked over for.
  • Offensive or rude comments. This can include discriminatory or stereotypical comments that target a specific group of people.
  • Disproportionate disciplinary action. You could receive disproportionate disciplinary action, especially if someone else received minor repercussions for the same offense. An example of this could be receiving a negative performance review for being late when another employee only received a verbal warning, especially if they have a more consistent history of tardiness.
  • Sudden termination or demotion. If you were immediately fired or demoted, particularly after filing a complaint or speaking up about unfair treatment, it can be a form of discrimination, especially if you have a positive work history.

What to Do If You’ve Been Discriminated Against in the Workplace

If you believe that you have been discriminated against in the workplace, there are some steps you can take to help protect your rights. First, you should make sure you document everything. Make a note of the discrimination that happened and when it happened. You should record this as soon as you can while you remember the details.

Report the discrimination to your employer. Most jobs have a policy for reporting these kinds of claims in their employee handbook. Be sure to keep a copy of the complaint so you have physical evidence of the communication.

Legal Alternatives

If the issue is not resolved internally, you can seek external alternatives, such as state agencies or the EEOC. They can investigate the claim for you.

Hire a workplace discrimination attorney. They can help you in the claims filing process. They can also investigate all areas and gather evidence to support your claims of discrimination. In addition, they can inform you of your rights, responsibilities, and possible remedies. Remedies can include compensation for missed wages, emotional distress, job reinstatement, lawyer’s fees, and required changes in the workplace.

Filing a Discrimination Claim in California

In Sacramento, California, an individual may file a workplace discrimination claim with either the California Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC). The DFEH is California’s state administrative agency, while the EEOC is the federal administrative agency.

These two agencies have a work-sharing agreement. Under this agreement, the agencies cooperate during the claims process. It is only necessary to file a claim with one of these agencies. The EEOC and DFEH have minimum requirements for the number of employees an employer must have for the regulations to apply.

To file a discrimination claim with the EEOC, your employer must have at least 15 employees. Age discrimination claims require 20 or more employees. The DFEH, on the other hand, will accept claims from those whose workplace has five or more employees. If you need discrimination lawyers in Sacramento, call our law firm today.

How Long Do I Have to File a Workplace Discrimination Claim?

Claims filed to the DEFH must be submitted within one year after the date of the discriminatory act. In federal cases, an employee must file a discrimination claim to the EEOC within 180 days, though this deadline may be extended to 300 days in some cases. Federal employees must submit their claim to the EEOC within 45 days of the discrimination.

What is a Right to Sue Letter?

Before filing a civil claim against your employer for discrimination, you must receive a “Right to Sue Letter” from the DFEH or the EEOC. Although the respective agency may invite you and your employer to a mediation session to seek a resolution or handle your claim in some other way, the most common outcome is issuing a right to sue letter.

This letter notifies the filer that the agency has finished its investigation and is now permitted to file a claim. You only have 90 days to bring a claim against your employer after receiving your letter. In addition, if you feel you’ve been wrongfully terminated, contact us for our legal advice.

FAQs

Q: Is a Discrimination Claim Worth It?

A: Yes, you can pursue a discrimination claim if you’ve been discriminated against on the basis of a protected characteristic, such as race, gender, or disability. Injuries can lead to reimbursement for lost wages, psychological distress, and punitive damages. In addition to recovery, filing a claim can penalize employers, eliminate future discrimination, and provide closure.

Q: Can You File a Claim for Discrimination in California?

A: Yes, you can file a claim for workplace discrimination. Employers should not subject employees to discrimination based on race, gender, age, disability, religion, sexual orientation, or other protected attributes under the Fair Employment and Housing Act (FEHA). Before you file a claim, you first need to file a complaint with the California Civil Rights Department (CRD) or Equal Employment Opportunity Commission (EEOC).

Q: How Hard Is It to Win a Discrimination Claim?

A: A discrimination claim can be tough to win because you need to demonstrate that the wrongful treatment occurred because of a protected characteristic like race, gender, or age. Successful outcomes depend on compelling evidence like emails, eyewitnesses, or records of discrimination. You need a professional lawyer to gather evidence, negotiate the legal system, and make a compelling argument so you can get the outcome you deserve.

Q: What Are the Different Types of Discrimination?

A: The most prevalent types of workplace discrimination include race discrimination, where people are unfairly treated on the basis of race or ethnicity and gender, or sex discrimination, unfair treatment due to gender, sexual orientation, or pregnancy. Age discrimination is against those who are older than 40, and disability discrimination consists of being discriminated against or refusing accommodations.

Religious discrimination results when religion is disregarded, while national origin discrimination involves ethnic-based prejudice. Finally, retaliation deters workers from reporting or challenging discrimination.

Contact Our Discrimination Attorney Today

Our experienced Sacramento discrimination attorney Jeffrey D. Fulton deeply believes in your right to be free from discrimination and harassment. Count on him to be open to your ideas, receptive to your version of what is happening at your job, and welcome to the opportunity to investigate your claims.

If Mr. Fulton takes your case, you can expect measured advice, zealous advocacy, and tireless dedication to obtain a favorable outcome. Did an employer retaliate against you because you reported the discrimination? Did this retaliation result in an adverse employment action? You can take action to correct this wrong. Contact us!

Practice Areas

Employment Law

Employment Law

Class Actions

Class Actions

Discrimination

Discrimination

Hostile Work Environment

Hostile Work Environment

Quid Pro Quo Harassment

Quid Pro Quo Harassment

Sexual Harassment

Sexual Harassment

Wage & Hour Violations

Wage & Hour Violations

Whistleblower Retaliation

Whistleblower Retaliation

Wrongful Termination

Wrongful Termination

Male Sexual Harassment

Male Sexual Harassment

FMLA

FMLA

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