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, a Newport Beach workplace discrimination attorney can help you.
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 advocating 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.
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 professionals 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:
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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:
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:
Newport Beach has one of Southern California’s most unique economies, with office headquarters, luxury hotels, hospitality businesses, health care facilities, and high-end retail stores. Employees working in these industries may find excellent career opportunities, but they can also face unique workplaces where claims for discrimination, retaliation, and harassment occur.
Investment companies, wealth managers, law offices, commercial real estate firms, and corporate headquarters are located along Newport Center Drive, MacArthur Boulevard, and in the adjacent Irvine Business Complex. If you work in an executive or professional services position, you likely have a highly paid job where discrimination may be less obvious.
Age discrimination may occur when executives and professional workers over 40 years old are suddenly excluded from meetings, denied promotions, or chosen for elimination in a company restructuring. Women in upper-level management may also experience glass-ceiling discrimination by not being given the same opportunities for advancement or equal pay as their male peers.
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Orange County’s healthcare and life sciences sectors continue to grow. Large employers have facilities all over Newport Beach and in neighboring Irvine. Some of the largest healthcare employers in Newport Beach include Hoag Memorial Hospital Presbyterian’s main campus on West Coast Highway, Hoag Health Center Newport Beach near Fashion Island, and many outpatient surgery centers and specialty clinics along Superior Avenue and Avocado Avenue.
Failure to accommodate a disability or protected medical condition is a frequent type of discrimination claim in healthcare and medical device workplaces. When employees return to work from surgery, cancer treatments, pregnancy-related leave, or other forms of medical leave, they may be demoted, given fewer responsibilities, or fired instead of being provided reasonable accommodations required by law.
Healthcare workers reporting patient safety problems, insurance fraud, licensing violations, or illegal staffing could be subject to retaliation. Speaking out about violations is protected by California law even if it puts you at odds with your employer.
Visitors from around the world travel to Newport Beach each year. Hotels, restaurants, and retailers near Fashion Island, the Balboa Peninsula, Pacific Coast Highway, and along the city’s waterfront employ thousands of workers in the hospitality and service industry.
Discrimination in these workplaces is often coupled with wage and hour claims. Workers may be given undesirable shifts, get passed over for promotion, or experience reduced hours because of their race, age, sexual orientation, pregnancy status, or other characteristic protected under the law.
Sexual harassment is also common in workplaces with customer-facing employees. Workers may be harassed by managers, coworkers, and even customers. However, once an employer knows about the harassment, they are required to take reasonable steps to prevent it from happening again.
Pregnancy discrimination may occur when employees request modified job duties or take protected leave from work. Instead of providing reasonable accommodations for pregnancy as mandated by California law, some employers might illegally reduce employee hours, abolish their jobs, or push them to quit.If you have a workplace discrimination claim in Newport Beach, you may ultimately file a claim in Orange County Superior Court in Santa Ana. An attorney who knows Newport Beach and the greater Orange County business community can make a difference when advocating for your rights.
While workplace discrimination can come in many forms, there are two main categories that most discriminatory behaviors fall under in California.
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 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.
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:
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.
Every employee has rights in the workplace that are granted to them through federal and state workplace discrimination 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.
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 hardest 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.
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 use our professional negotiation skills to advocate for the most favorable outcome possible and work to hold your employer accountable. Our team can represent you through litigation, give you advice, and provide support throughout your 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. Additionally, there were 29,877 total intakes and 14,982 right-to-sue complaints. California Employment Counsel, APC, takes on your employer’s defense attorney and legal team to get you the financial compensation you deserve.
Compensation is provided to return an affected worker to the same condition or position they were in 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.
In limited cases, and when the pattern of discriminatory behavior is reckless, malicious, or egregious, punitive damages may be issued so that the employer is held accountable. The EEOC sets a cap on both punitive and compensatory damages based on the employer’s size.
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. When you hire a workplace discrimination attorney, they 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.
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714-462-8376
555 Anton Blvd., Suite 150,
Costa Mesa, CA 92626
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