San Diego Workplace Discrimination Lawyer

In a Utopian world, every person would be treated the same in all circumstances.  Unfortunately that is not the world we live in. People have biases, and when those biases are brought into the workplace, some individuals or groups may be unfairly treated and in some cases harassed.

Facing Discrimination at Work? Take These Steps

In the United States, title VII of the Civil Rights Act of 1964 guarantees certain legal protections. If the company where you work is engaging in discriminatory practices, race discrimination and unfair treatment that is protected by the civil rights act, you may be able to file an employment discrimination lawsuit. But before you do that, you should take these preliminary steps:

• Talk to the person who is exhibiting the offensive discriminatory behavior. Sometimes, that is all that is needed to stop it. In any event, you’ve put the person on notice that the behavior is offensive and unacceptable. This will usually become important to show during an eventual trial.
• If the behavior continues, make a report to the human resources department in writing, or ask a human resources specialist if there is an official complaint procedure; then do exactly as instructed. Keep a photocopy of any written complaint you submit. This will serve as proof that the employer was aware of the problem. It also gives the employer an opportunity to investigate and correct the problem, while preserving your legal rights. It will lay the groundwork for potential punitive damages if the company was informed of the discrimination but failed to act on it.
• You must make a complaint to the appropriate governmental agency before initiating a lawsuit. Federal law requires that you file an administrative charge with the Equal Employment Opportunity Commission (EEOC) or the corresponding state agency. This is called “exhausting your administrative remedies,” and if you haven’t done it, your lawsuit will be dismissed.

In California, you should file with the Office of the Labor Commissioner. Your employer cannot fire, demote, suspend, or discipline you for giving information to a government agency.

How a San Diego Employment Discrimination Lawyer Can Help

Once you receive a right to sue letter from the agency to which you reported the discrimination, you should hire a top-rated workplace discrimination lawyer.

To prove either type of case can be challenging, because you will need to show an illegal discriminatory motive on the employer’s part. These are the things your workplace discrimination attorney must demonstrate on your behalf in a harassment complaint:

• You are a member of a protected class.
• You suffered harassment or discrimination at work.
• You confronted the person responsible for the offensive behavior.
• The harassment or discrimination continued.
• You made a formal complaint to the company, following established procedures.
• The harassment or discrimination continued.

Types of Workplace Discrimination

Workplace discrimination is usually one of two types: you might find that you have been treated differently from another employee in the same situation; or, you may have observed that people in a particular group or with particular characteristics or medical conditions are treated differently. It is illegal to discriminate based on:

• Race
• Gender
• Sexual Orientation
• Age
• National Origin
• Mental or Physical Disability
• Pregnancy or Parenthood
• Religion

The San Diego employment law attorneys at Bodell Law Group devote a large part of their practice to employment discrimination claims and fair employment cases. These skilled litigators are experienced in equal pay, fair employment, sexual orientation, medical conditions and medical leave and all other employment-related matters. The law firm has been selected for inclusion in Super Lawyers, an honor afforded to only the top five percent of the area’s practicing lawyers.

We are thoroughly familiar with the many complexities that often arise in discrimination cases and have the passion for justice that keeps us focused on getting you the largest possible recovery and whenever possible, getting punitive damages to deter the behavior in the future and increase the amount of money you win.

Call the discrimination attorneys at Bodell Law Group without delay, either before or immediately after you receive your right to sue letter, because legal time limits apply. Our San Diego office is located between Sorrento Valley and Del Mar in the Carmel Valley neighborhood.