Brentwood Discrimination Attorney

Discrimination in the workplace is illegal. If you have been the victim of workplace discrimination, you have the right to take legal action against your employer. At Kraeber Law Office, we are dedicated to helping employees who have been discriminated against. We understand the stress and anxiety that can come with being the victim of workplace discrimination, and we are here to help you fight for justice.

Call us today at (925) 319-5791 or contact us online to schedule a consultation with our Brentwood discrimination lawyer.

What Is Employment Discrimination?

Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of their race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), or disability. It is also illegal to discriminate against an employee or job applicant because they have complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Examples of Employment Discrimination

Employment discrimination can take many forms, including:

• Refusing to hire an applicant because of their race, color, religion, sex, national origin, age, disability, or genetic information
• Refusing to promote an employee because of their race, color, religion, sex, national origin, age, disability, or genetic information
• Demoting an employee because of their race, color, religion, sex, national origin, age, disability, or genetic information
• Terminating an employee because of their race, color, religion, sex, national origin, age, disability, or genetic information
• Harassing an employee because of their race, color, religion, sex, national origin, age, disability, or genetic information
• Retaliating against an employee for filing a discrimination complaint or participating in a discrimination investigation

What Are the Different Types of Employment Discrimination?

There are several different types of employment discrimination, including:

• Age Discrimination: It is illegal for employers to discriminate against employees who are 40 years of age or older because of their age.
• Disability Discrimination: It is illegal for employers to discriminate against employees with disabilities. Employers must provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship.
• National Origin Discrimination: It is illegal for employers to discriminate against employees because of their national origin. This includes discrimination based on an employee’s accent, ethnicity, or because they are married to or associated with someone of a certain national origin.
• Pregnancy Discrimination: It is illegal for employers to discriminate against employees because of their pregnancy, childbirth, or related medical conditions. Employers are required to treat pregnant employees the same as other employees who are similar in their ability or inability to work.
• Race/Color Discrimination: It is illegal for employers to discriminate against employees because of their race or color. This includes discrimination based on an employee’s skin color, hair, or other physical characteristics associated with race.
• Religious Discrimination: It is illegal for employers to discriminate against employees because of their religion. Employers must reasonably accommodate an employee’s religious beliefs or practices, unless doing so would cause an undue hardship.
• Gender Discrimination: It is illegal for employers to discriminate against employees because of their gender.  Employers are also required to treat employees the same, regardless of their gender, with respect to all aspects of employment, including pay, job assignments, promotions, and benefits.
• Sexual Orientation Discrimination: It is illegal for employers to discriminate against employees because of their sexual orientation. This includes discrimination based on an employee’s actual or perceived sexual orientation, including being gay, lesbian, bisexual, or heterosexual.

What Are the Employer’s Responsibilities in Preventing Discrimination at Work?

Employers have a legal obligation to prevent discrimination in the workplace. This includes taking steps to prevent discrimination, as well as taking steps to address and correct any discrimination that does occur.

Employers can prevent discrimination by:

• Creating and enforcing a written anti-discrimination policy
• Providing anti-discrimination training to employees
• Investigating all complaints of discrimination
• Taking appropriate action to address and correct any discrimination that is discovered

Employers can address and correct discrimination by:

• Disciplining employees who engage in discrimination
• Providing reasonable accommodations to employees with disabilities, who are pregnant, or have a medical condition related to pregnancy or childbirth
• Providing reasonable accommodations to employees who have religious beliefs or practices
• Ensuring that employees are not subjected to harassment
• Ensuring that employees are not subjected to retaliation for filing a discrimination complaint or participating in a discrimination investigation

What Proof Do I Need in a Discrimination Case?

Here are some types of proof that can support your claim:

• Direct Evidence: This includes any explicit statements or actions by your employer that directly indicate discriminatory intent. For example, an email from a supervisor stating that you were not promoted because of your age or gender is direct evidence. However, direct evidence is rare; most cases rely on circumstantial evidence.
• Circumstantial Evidence: This involves demonstrating a pattern of behavior or circumstances that suggest discrimination. For example, if you were qualified for a promotion but were repeatedly passed over in favor of less qualified individuals who do not share your protected characteristic, this could be circumstantial evidence of discrimination.
• Comparative Evidence: Comparing how you were treated to how other employees in similar situations were treated can be powerful proof. For instance, if employees of a different race or gender receive better job assignments or are not subjected to the same disciplinary actions as you, it may indicate discriminatory treatment.
• Documentation: Keep detailed records of any discriminatory incidents, including dates, times, locations, and the individuals involved. Save any emails, messages, or other communications that may support your claim. Performance evaluations, written warnings, and other employment documents can also be relevant.
• Witness Testimony: Colleagues who have witnessed discriminatory behavior or who have experienced similar treatment may be able to provide testimony to support your case. Witnesses can corroborate your account of events and help establish a workplace discrimination pattern.
• Statistical Evidence: In some cases, statistical data can be used to demonstrate discrimination. For example, if there is a significant disparity in the number of minority employees in leadership positions compared to non-minority employees, it may suggest discriminatory practices.
• Employment Policies and Practices: Review your employer’s policies and practices to see if they have been applied inconsistently or in a way that disproportionately affects certain groups of employees. If company policies are not followed or are applied selectively, it could be evidence of discrimination.

How Can a Discrimination Lawyer Help Me?

If you have been the victim of workplace discrimination, you may be entitled to compensation. An experienced employment discrimination attorney can help you understand your rights and options, as well as help you take legal action against your employer.

A discrimination lawyer can help you by:

• Investigating your claim
• Gathering evidence to support your claim
• Calculating the value of your claim
• Filing a claim
• Negotiating a settlement with your employer
• Representing you in court, if necessary

Contact Our Discrimination Attorney in Brentwood Today

If you have been the victim of workplace discrimination, you have the right to take legal action against your employer. At Kraeber Law Office, we are committed to helping employees who have been discriminated against in the workplace. We will fight tirelessly to protect your rights and help you get the compensation that you deserve.

Call us at (925) 319-5791 or contact us online today to get started with our Brentwood discrimination attorney.