Newport Beach Discrimination Attorney

Discrimination Lawyer in Newport Beach, CA

Most Americans spend the majority of their lives at work. Because of this, federal and state laws have been passed to give employees more rights and protections in their place of employment. Under these laws, it is illegal for an employer to discriminate against an employee based on multiple protected characteristics. If you believe that you were a victim of discrimination in your California workplace, you most likely have a case against your employer.

When you encounter discrimination at your workplace, it can negatively impact your career, mental well-being, and financial security. Laws in California and at the federal level provide protections against workplace discrimination. Speak with a Newport Beach workplace discrimination lawyer as soon as possible if you believe you have been subjected to unfair treatment at work.

The attorneys at California Employment Counsel, APC, are dedicated to fighting for the rights of employees in Orange County. We listen to your story and give you options when you face discrimination at your job based on your race, sex, disability status, or other protected characteristic.

How California Employment Counsel, APC, Helps in Your Workplace Discrimination Case

No employee should have to deal with unfair, uncomfortable, or unsafe behavior at their Newport Beach place of work. At California Employment Counsel, APC, our team of attorneys shares decades of experience protecting the rights of workers across the state of California. We believe that there is no room for discrimination in the workplace and that all parties should be held responsible for practicing and tolerating these poor behaviors.

As an employee, you deserve a safe, appropriate work environment to perform your duties properly. If you are facing discrimination at your place of work, do not delay seeking help from legal experts like our Newport Beach employment lawyers. At California Employment Counsel, APC, we put employees first.

Whether you are a worker who is part of Newport Beach’s estimated 86,738 residents or you are an employee who works in Newport Beach but does not live in the city, the dedicated legal team at California Employment Counsel, APC, can help with your case in the following ways:

• Evaluating Your Claim. Before filing a claim for workplace discrimination, you should ensure that you have sufficient evidence to support this assertion, either in an administrative case or in court. Workplace discrimination cases are not simple to prove, and our office can only recommend pursuing a claim after knowing the facts of the case.
• Explaining Your Options. Once we have evaluated your case, we can suggest the most optimal course of action in your situation. This might mean filing a workplace discrimination claim with the California Civil Rights Department (CRD), the Equal Employment Opportunity Commission (EEOC), or obtaining a right-to-sue letter from either office to take your claim to an Orange County civil court.
• Gathering Evidence. Our team works in tandem with clients to collect adequate evidence for your workplace discrimination claim. This may include written documentation, such as emails, texts, and reports. We may also advise clients to obtain statements from witnesses to the discrimination, including coworkers and clients, if they are readily available.
• Filing Your Claim. The next step is to file the workplace discrimination claim with the appropriate agency. Our legal team assists you in adequately completing claim paperwork to avoid making mistakes that may cause delays or denials in your case.
• Negotiating With Your Employer. Your employer is given a chance to respond to a workplace discrimination claim, and mediation may be offered to allow them a chance to amend any wrongdoing. We are on your side throughout this process and can negotiate with your employer’s legal team so that you are not at a disadvantage.
• Advocating for You in Court. If negotiation fails, and if your claim is strong, the CRD or EEOC may take your case to court. Our attorneys work to ensure that you are awarded damages and that your employer is held accountable for their actions.

Examples of Workplace Discrimination in California

Workplace discrimination is a form of discrimination where an employer treats an employee unfairly, poorly, or differently than other workers because of a protected characteristic. Both Title VII of the U.S. Civil Rights Act of 1964 and California’s Fair Employment and Housing Act make it unlawful for employers to discriminate against a job applicant or worker based on their being part of a protected class. This includes race, sex, disability status, gender identity, religion, and national origin.

Despite these protections, Newport Beach workers may face the following examples of workplace discrimination:

• Unfair treatment regarding pay, opportunities for promotions, and job responsibilities.
• Harassment, including sexual harassment. This can manifest as comments or images, signs, and written text that may disparage a person based on a protected characteristic.
• Accommodation request denials because of a worker’s religion or disability status, or if you are a woman who is breastfeeding, for instance.
• Retaliation for requesting to utilize benefits you are entitled to or for filing a workplace discrimination complaint with your company’s Human Resources department or with a state or federal agency.

Under both state and federal law, it is illegal for an employer or an employee of power to discriminate against other employees in the workplace based on characteristics such as:

• Race
• Sex
• Age
• Nationality
• Color
• Ancestry or national origin
• Sexual orientation
• Physical or mental disability
• Genetic information
• Pregnancy
• Medical conditions
• Gender expression
• Criminal history
• Military status

Types of Workplace Discrimination

While workplace discrimination can come in many forms, there are two main categories that most discriminatory behaviors fall under in California.

Disparate Treatment

Disparate treatment discrimination is a type of discrimination that is done on purpose. It occurs when an employer or employee of power takes into consideration the protected characteristic of another individual before taking negative, harmful, or adverse action against them. For example, if an employer decided to lay off an employee over 40 just because they were getting older and instead hire a younger, less-qualified employee to do the same job, that would be considered disparate treatment discrimination.

Disparate Impact

Disparate impact discrimination, however, is an unintentional form of discrimination. Sometimes called “adverse impact discrimination,” this occurs when an employer implements a new practice or policy that only disproportionately affects people with certain protected characteristics. While a policy or practice may seem neutral at first, only a select few employees suffer while the rest are unharmed.

For example, a company adopts a policy to promote healthy living. They decide to give a bonus to the worker who takes the stairs the most. This could unintentionally discriminate against those with medical conditions or disabilities who are unable to participate.

Disparate impact discrimination can also look like testing certain qualifications for a job that will consequently rule out certain groups. An example would be a construction company that institutes a strength test that inadvertently eliminates women from their applicant pool.

What Kind of Behavior Is Considered Discrimination?

When filing a claim for workplace discrimination, an employee will have to prove that some form of discrimination took place. Some of the most common actions that are considered to be discrimination in the workplace in California include:

• Wrongful termination
• Demoting an employee
• Forcing an employee to leave their position or quit
• Refusing to hire an employee based on a protected characteristic
• Assigning or transferring an employee unfairly to tasks and positions
• Consistent denial of promotions or refusal to offer promotions
• Refusal to pay proper rates, decrease in pay, or reduction of benefits
• Other forms of unfair treatment based on protected characteristics

How an Employment Lawyer Can Help You

When it comes to discrimination in the workplace, working with an experienced employment law attorney can help you through your case. There are many ways that working with our team at California Employment Counsel, APC, can be invaluable.

Help You Better Understand Employment Law

Every employee has rights in the workplace that are granted to them through federal and state laws. If you are taking up a case against your employer, it is important that you understand your different rights and the protections you have against them. At California Employment Counsel, APC, our lawyers have decades of experience working in employment law and can assist you in understanding all aspects surrounding your case.

Help You Prove Discrimination

Proving discrimination can sometimes be one of the most complicated parts of a case. This is because, in many cases, employers are more than aware of the discrimination laws in place and try their best to avoid them. With the help of our attorneys, we can assess your case and help you show proof that you have been discriminated against illegally by your employer.

Negotiate and Represent You in Court

Filing a workplace discrimination case can be extremely intimidating for employees, especially because you may have to face your employer in court. By hiring one of our experienced lawyers, you can trust that we will use our expert negotiation skills to fight for the best possible outcome and work to hold your employer accountable. Our team can represent you through litigation, give you advice, and provide support throughout your case.

You May Be Entitled to Compensation in Your Workplace Discrimination Case

Job applicants and employees who have been affected by workplace discrimination do not need to suffer in silence. Filing a complaint can help them receive compensation for financial losses incurred due to discrimination.

In 2023 alone, California’s CRD helped workers obtain $116.5 million in compensation based on employment claims filed. California Employment Counsel, APC, takes on your employer’s defense attorney and legal team to get you the financial compensation you deserve.

Compensatory Damages

Compensation is provided to ensure that an affected worker is in the same condition or position he was before the pattern of discrimination commenced. This may entitle a plaintiff to access a job position or back pay for a role they were denied or terminated from due to discrimination.

Employees may also receive compensatory damages for out-of-pocket costs incurred as a result of the discrimination, including time spent job searching and compensation based on the emotional suffering caused to the claimant.

Punitive Damages

In limited cases, and when the pattern of discriminatory behavior is reckless, malicious, or egregious, punitive damages may be issued to ensure the employer is held accountable. The EEOC sets a cap on both punitive and compensatory damages based on the employer’s size.

Newport Beach Workplace Discrimination Lawyers

There is no room for discrimination in any California workplace. At California Employment Counsel, APC, we have dedicated our entire practice to protecting the rights of mistreated employees. We understand how difficult it can be to work under unfair or unsafe conditions. This is why we have helped countless clients file cases against their employers and hold them accountable.

Do not hesitate to contact a Newport Beach workplace discrimination lawyer from California Employment Counsel, APC, to discuss discrimination at your workplace. Speaking with an attorney can help clarify your concerns regarding an employment dispute.

If you are facing discrimination at your work in Newport Beach, California, do not wait to find legal representation that can help you. Contact our team today to learn more about our services and how we may be able to assist you.