Employment Discrimination

Californians do not have to tolerate discrimination at work. At Gallenberg PC, we have represented many victims of workplace discrimination throughout California regardless of their ability to pay. Unlawful discrimination may have occurred when an employer fires, demotes, refuses to hire, or otherwise treats an employee unfairly on the basis of race, sex, religion, national origin, age, sexual orientation, or other protected characteristics. Because bringing discrimination claims is complex, and the time limit for filing a case is short, employees facing workplace discrimination should contact a lawyer immediately. A Gallenberg PC Los Angeles employment discrimination attorney may be able to take your case on a contingency fee basis! To be considered, you can call our new client intake line at (818) 237-5267 (Burbank) or (213) 986-8432 (Los Angeles) or (310) 295-1654 (Beverly Hills). Or you can fill out our quick and easy online Case Evaluation Form; this is the fastest way to get your case screened by an attorney. We do not charge prospective clients for a confidential telephone intake or online case review.

Discrimination itself is not unlawful. When hiring someone, an employer legally discriminates between multiple applicants by choosing one for the job. However, California and federal law prohibit discrimination based on certain personal characteristics. Employers in California may not discriminate based solely on an employee’s or prospective employee’s:

• Race or color;
• Religion or religious beliefs (or lack thereof);
• National origin;
• Ancestry;
• Age, if 40 years old or older;
• Physical or mental disability;
• Medical condition or genetic information;
• Marital status;
• Gender/sex, including pregnancy;
• Gender identity/expression; or
• Sexual orientation.

If a California employer discriminates on the basis of these criteria, it is unlawful. So what constitutes discrimination? Based on the above characteristics, an employer may not:

• Refuse to hire a prospective employee;
• Refuse to select a person for a training program that would lead to hiring;
• Fire a person from employment or a training program that would lead to hiring; or
• Treat employees differently by way of either compensation, terms, conditions, or privileges of employment.

For example, it is unlawful for an employer to provide additional work responsibilities/work demands to a woman because she became pregnant (i.e. pregnancy discrimination), pay an employee less because of her race (i.e. race discrimination), force an employee to take the overnight shift because of his sexual orientation, or fire a person because of her physical disability (i.e. Disability Discrimination).

The primary law that protects Californians from workplace discrimination is called the Fair Employment and Housing Act (“FEHA”). The California legislature passed FEHA in the late 1950s, and today it is one of the most powerful laws in any state that protects workers from discrimination and harassment.

There are two federal laws that, in conjunction, protect many of the same rights as FEHA. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination and harassment on the basis of race, gender, religion and other characteristics. The Americans with Disabilities Act (ADA) protects workers who have mental or physical disabilities. Generally, FEHA offers more protections for Californians who are the victims of discrimination. For one, FEHA uses broader definitions that are designed to include more workers. Also, in some circumstances, federal law may not offer protection of certain characteristics, such as sexual orientation and marital status.

Keep in mind that the victims of workplace discrimination have as little as 180 days from the date of the discrimination to take action for federal discrimination claims and a slightly longer period of time for California discrimination claims. The federal claims are filed with the U.S. Equal Employment Opportunity Commission (“EEOC”) and state claims are filed with the Department of Fair Employment and Housing (“DFEH”). If an employee has a California discrimination claim overlapping with a federal discrimination claim, generally the employee is better served by filing a claim with DFEH. A right to sue from these agencies should generally only be obtained if the individual already has a lawyer. If you are unsure of what to do, contact an experienced employment attorney immediately.

If you were the victim of discrimination, you may be able to recover back pay, emotional distress damages, cost of suit, prejudgment interest, and attorney fees.

Gallenberg PC has experience helping California employees recover compensation resulting from workplace discrimination claims. A Los Angeles employment lawyer at our office may be able to take your case on a contingency fee basis! To be considered, you can call our new client intake line or you can fill out our quick and easy online Case Evaluation Form; this is the fastest way to get your case screened by an attorney. We do not charge prospective clients for a confidential telephone intake or online case review.

Submit your case for consideration now to a Los Angeles employment discrimination attorney; please dial (213) 986-8432 now. For Beverly Hills, please call (310) 295-1654. To submit your case for review to an employment lawyer in Burbank and surrounding San Fernando Valley, please call (818) 237-5267.