Protecting your rights in the workplace.

Frequently Asked Questions About Workplace Discrimination

A Los Angeles Work Discrimination Lawyer From Our Firm Can Answer Your Questions

Most people assume that discrimination is easy to spot within the workplace. However, the majority of workplace discrimination is subtle and occurs indirectly. Many California employees fail to recognize that they are the victims of workplace discrimination. A Los Angeles work discrimination lawyer from our firm can help you identify the different types of discrimination in the workplace.

The employment attorneys at YMS are sympathetic to employees facing discrimination at work. We have decades of experience litigating workplace discrimination cases and will help you pursue justice under the law.

If you are the victim of workplace discrimination , then you should immediately seek legal counsel from our employment discrimination lawyers in Los Angeles. Our workplace discrimination law firm has compiled a list of frequently asked questions, along with answers to each question.

California Workplace Discrimination Frequently Asked Questions

What Is the Legal Definition of Workplace Discrimination?

Workplace discrimination occurs when an employee or applicant is treated unfavorably due to a protected characteristic. The California Fair Employment and Housing Act (FEHA) prohibits an employer, with five or more employees, from engaging in discrimination at work.

Do I Qualify as a Member of a Protected Class?

California has broad employment laws that prohibit workplace discrimination towards employees of a protected class. Characteristics that receive protection under California law include:

  • Race
  • Religion
  • Color
  • National Origin
  • Ancestry
  • Physical Disability
  • Mental Disability
  • Medical Conditions
  • Marital Status
  • Sex
  • Sexual Orientation
  • Age
  • Political Affiliation
  • Military or Veteran Status
  • Gender Identity

What Evidence Do I Need to Prove That My Employer Engaged in Discrimination?

To prove that your employer engaged in discrimination, you must show that you were treated differently due to a protected characteristic. You should provide your legal representative with documentation of your employer’s negative treatment. This includes any emails, texts or written communication that you received while the discrimination took place. An employment discrimination lawyer in Los Angeles will review the evidence and determine if your case has merit.

How Do I Gather the Evidence I Need to Prove Workplace Discrimination?

Both direct and circumstantial evidence can be used to prove workplace discrimination. Direct evidence includes any communication which overtly implies that you were discriminated against due to your protected status.

Emails, texts and witness testimony are examples of direct evidence. It is important to look through your electronic records and see if there is any evidence of discrimination. You should also ask any coworker that witnessed the discrimination to make a written statement corroborating your story.

Circumstantial evidence indirectly implies that discrimination occurred but does not directly prove it. Statistics, comparison of work and a lack of response from your employer are all examples of circumstantial evidence.

It is important to file a complaint with Human Resources (HR) immediately after experiencing workplace discrimination. If your employer fails to respond in a timely manner, then you can use it against them in court.

What Is the Process for Filing a Workplace Discrimination Claim?

If you choose to sue your employer for workplace discrimination, then you must begin by filing a complaint with the California Department of Fair Employment and Housing (DFEH).

After your complaint is filed, the agency will conduct an investigation into the matter. If the DFEH refuses to pursue further litigation, then you will receive a right-to-sue notice. You can then file a lawsuit against your employer in civil court.

Should I Contact HR Before Filing a Workplace Discrimination Claim?

Your employer has a duty to prevent discrimination in the workplace after being made aware of the problem. In order to resolve your workplace discrimination claim, you must prove that your employer was indeed aware of the discrimination.

The best way to achieve this is by filing a written complaint with your employer’s HR department. If your employer fails to address your discrimination complaint, then you can use this documentation as evidence at trial.

Contact a Los Angeles Work Discrimination Lawyer From Our Firm for Legal Advice

California law makes it difficult for employers to openly engage in workplace discrimination. However, many employers manage to ignore the law and receive no consequences for their actions.

You should never experience discrimination at work from your employer, supervisor or coworker. If this is the case, then you should contact a Los Angeles lawyer for job discrimination at YMS today at (310) 499-0140 and schedule a free initial evaluation.

You can also contact us online and tell us more about your situation. We promise to carefully review your information and look forward to meeting with you soon.