Irvine Workplace Discrimination Lawyer

Irvine Workplace Discrimination Attorney

Discrimination in the workplace is a deeply serious issue that affects employees across many different industries. If you have been subjected to unlawful treatment in your workplace, consulting an Irvine workplace discrimination lawyer as soon as possible is essential to understanding the full extent of your legal rights and the next steps. The team at Aitken Campbell Heikaus Weaver, LLP, offers free consultations to discuss your unique case and needs.

Understanding Workplace Discrimination in California

According to California’s Fair Employment and Housing Act (FEHA), employers with five or more employees are not allowed to treat their employees or any potential job candidates differently because of protected traits. Injustices in hiring, wrongful termination, promotion denials, unequal compensation, and retaliation for reporting discrimination are just a few examples of the various ways discrimination manifests.

In 2023 alone, the California Civil Rights Department (CRD) received a total of 29,877 intakes, including 14,982 “right-to-sue” complaints. Discrimination can be based on various protected characteristics under California law, including:

• Race and ethnicity
• Gender and gender identity
• Sexual orientation
• Age (40 and older)
• Disability (physical or mental)
• Pregnancy status
• Religion
• Marital status
• Military or veteran status

It is illegal to discriminate in employment, pay, promotions, job assignments, and termination based on any of these protected characteristics. Employers are required to keep their workplaces welcoming and non-hostile.

Recognizing Subtle and Systemic Discrimination

It is not always easy to spot workplace discrimination. In certain situations, the behavior might be overt, like when a manager makes discriminatory comments or turns down a potential new candidate after discovering they’re pregnant.

In other instances, the discrimination might be more systemic, like when older staff members are routinely denied training and promotion opportunities or when a company’s leadership consistently passes over qualified marginalized candidates for promotions.

The CRD gathered information from private employers with 100 or more workers in 2023, which included about 7.9 million workers. Findings reported that women and communities of color are still overrepresented among the state’s lowest-paid workers.

Some indicators of possible discrimination are:

• Getting negative evaluations that are not representative of performance
• Seeing coworkers in comparable positions get paid more
• Hearing derogatory comments about your protected status

How to Prove Workplace Discrimination in Irvine, CA

Under the FEHA, an employee must show three things to prove discrimination: they are part of a protected group, they faced negative treatment at work, and that treatment was because of their protected status. Evidence in cases of workplace discrimination may include performance reviews, eyewitness reports, emails or texts, personnel files, and patterns of unfavorable behavior toward employees in similar situations.

Many federal laws do not provide the same protections as FEHA. For instance, FEHA applies to companies with five or more employees, even though federal law normally covers employers with fifteen or more. Additionally, California offers a longer statute of limitations for bringing claims and expands protections to include more personal characteristics.

What Qualifies as Workplace Retaliation?

When an employer punishes an employee for participating in a protected activity, it is considered retaliation. Protected activities include refusal to participate in discriminatory practices, reporting harassment or discrimination, and assisting with a CRD investigation. Retaliation can take many forms, such as termination, demotions, or reassignment to less desirable positions, and unjustified disciplinary actions.

Available Remedies in Discrimination Cases

If a discrimination allegation is proven true, there may be a number of legal options available:

• Back pay to make up for lost income
• Reinstatement or, in cases where reinstatement is not practical, front-pay
• Compensation for emotional distress
• Costs and fees for legal services
• Changes to policies within the employer’s company

The Role of a Workplace Discrimination Lawyer

A workplace discrimination attorney in Irvine, CA is essential in assessing the strength of your case, gathering pertinent documentation, and assisting you with the administrative and legal processes. Irvine Workplace Discrimination Lawyer at Aitken Campbell Heikaus Weaver, LLP, examine employment records, assist in the drafting of complaints, interact with agencies and employers, and defend clients in court and at hearings.

Clients are guaranteed to receive knowledgeable advice tailored to the local courts and judges, thanks to the firm’s familiarity with Orange County legal procedures. Our team provides support tailored to each case’s unique needs.

FAQs About Irvine, CA Workplace Discrimination Laws

Q: Is It Worth Suing an Employer for Discrimination?

A: If you have quantifiable harm from discrimination and have enough proof to back up your claim, it might be worthwhile to pursue legal action. By taking legal action, the problem can be resolved, employers can be held responsible, and remedies like compensation or policy changes may be obtained. Speaking with a workplace discrimination attorney enables you to weigh your options, determine the strength of your case, and choose the right course of action to safeguard your interests and rights.

Q: How Can I Prove Work Discrimination in California?

A: In order to establish discrimination in California, you must demonstrate that you were subjected to unfavorable treatment because of a protected trait. Careful documentation is necessary to develop a compelling claim. Document any incidents, conversations, and complaints you have made to internal or external organizations. The team at Aitken Campbell Heikaus Weaver, LLP, can help evaluate this evidence and determine the next steps.

Q: How Much Is a Workplace Discrimination Lawsuit Worth?

A: Numerous factors, such as the degree of discrimination, the harm inflicted, and the available evidence, can significantly affect the value of a workplace discrimination claim. Settlements for cases involving discrimination in California typically range from $40,000 to $500,000, and in certain situations, they may even be higher. An attorney well-versed in workplace discrimination will assess your case and provide a more accurate estimate of possible compensation.

Q: How Much Does an Employment Lawyer Cost in California?

A: A California employment lawyer’s fees can vary depending on the firm’s pricing policy. While some attorneys bill by the hour, others take cases on a contingency fee basis, which means they only get paid if you win. Aitken Campbell Heikaus Weaver, LLP offers a range of cost structures, and our team can explain these options to ensure you understand what to expect financially.

Speak With an Irvine Workplace Discrimination Lawyer

If you believe you have been the victim of workplace discrimination, contact us at Aitken Campbell Heikaus Weaver, LLP, for a free consultation. Our team is ready to help you understand your rights and explore your legal options under California law.