Sacramento Discrimination Lawyer

Sacramento Discrimination Attorney

No form of discrimination should ever be present in the workplace, yet many California employees face discrimination and other unjust treatment daily. As an employee, you devote a large part of your life to your work, and you deserve to be treated as such. If you are a victim of discrimination in your place of work in California, you have the right to hold your employer accountable.

At Clark Employment Law, APC, we have dedicated our practice to representing and protecting the rights of California employees. We believe that every worker should be treated with respect, paid fair wages, and receive the same opportunities as one another. With experience representing countless employment law cases, our lead attorney Tyler F. Clark has the knowledge and skills to fight for your rights and equal treatment. If you’re looking to file a claim against your Sacramento employer for discrimination or other employment law violations, don’t wait to ask how Clark Employment Law, APC, can help you today.

What Is Workplace Discrimination in California?

Workplace discrimination is a toxic and illegal behavior that all California employees have the right to protect themselves against. Workplace discrimination is considered to be any form of unfair, unjust, or prejudiced treatment that is directed at an individual employee with a protected characteristic. Discrimination can come in many forms, from not hiring a job applicant because of their race to not giving an employee a promotion because they’re disabled.

Protected Characteristics of California Employees

Every state has its own form of employment law in addition to the federal legislation that is in place. California is known specifically for having some of the most in-depth employment laws in the country that detail more protected characteristics than any other state. The protected characteristics of California employees that cannot be discriminated against include the following:

• Race
• Gender
• Age
• Religion
• Color
• National origin
• Ethnicity
• Physical or mental disabilities
• Sexual orientation
• Gender identity and gender expression
• Pregnancy
• Marital status
• Genetic information
• Medical conditions
• Military or veteran status

The Different Types of Workplace Discrimination

An employer can discriminate against an employee in multiple different ways. There are two main categories that most types of discrimination fall under in California, which are:

1. Disparate Treatment Discrimination
   Disparate treatment discrimination occurs when one employee is singled out and treated unfairly by their employer because they have a protected characteristic. This form of discrimination can be blatant or subtle but involves your employer or other employees actively treating you poorly. You can tell disparate treatment discrimination apart from disparate impact discrimination because it only affects the employee with a protected characteristic and no other members of the staff. Disparate treatment can come in many forms and is usually more obvious, such as not giving a female employee the same promotions as men or firing an employee requesting family leave.
2. Disparate Impact Discrimination
   Disparate impact discrimination occurs when an employer decides to implement a policy, rule, or practice that does not affect all employees in the same way. While it may not have been a purposeful act of discrimination in its inception, the rule or practice that was put into place disproportionately affects a protected group of employees. Disparate impact discrimination can also come in many forms; for example, if an employer implements a policy to help increase activity and promises bonuses to whoever takes the stairs the most, this is indirectly unfair to those with disabilities or medical conditions keeping them from participating.

What an Employment Lawyer Can Do for You

When you’re the victim of workplace discrimination, it takes courage to file a claim against your employer. Finding an experienced employment attorney who can help you through the process can be very beneficial if you’re looking to take legal action. At Clark Employment Law, APC, we can assist you in a variety of ways.

Help With the Legal Aspects of Employment Law and Filing a Claim

Employment law is already complex and can be especially complicated if you’re unfamiliar with it. By working with an experienced employment lawyer, we can help you to understand better the different rights and protections that you’re granted through employment law, in addition to guiding you through your legal proceedings. Plus, we can even work with you to find and file the proper paperwork for your Sacramento discrimination claim.

Use Our Negotiation Skills

Negotiating will play a major role in your workplace discrimination claim if the Department of Fair Employment and Housing accepts it. As most employers prefer to handle employment law violations outside of court, you’ll want a seasoned lawyer with strong negotiation skills to ensure you’re not taken advantage of. Our lead attorney, Tyler F. Clark, has not only negotiated numerous discrimination claims but is committed to fighting for the most favorable outcome possible for your case.

Represent Your Rights

There are multiple laws prohibiting employers from discriminating against an employee due to specific characteristics. Unfortunately, it can be hard to represent yourself and your rights on your own. With the help of a skilled employment law attorney, however, you can trust that your rights will be represented and fought for throughout your discrimination case. No one is more familiar with employment law than a discrimination attorney, which is why we can fight for you more effectively.

Laws That Protect Employees Who Work in California

California has its own labor code with unique employment laws in addition to the rights employees receive federally. Just a few of the laws that grant you protections against discrimination include:

• Title VII of the Civil Rights Act of 1964: Title VII of this well-known federal legislation prohibits employers with over 15 workers from discriminating against employees based on race, gender, religion, sex, color, and national origin.
• Family and Medical Leave Act (FMLA): FMLA is a federal act providing employees with the right to take unpaid, job-protected leave for qualifying circumstances. Those circumstances include the employee contracting a serious illness, one of their close relatives contracting a serious illness, and needing care or spending time with a new child. An employer cannot discriminate or retaliate against an employee for requesting FMLA.
• Fair Employment and Housing Act (FEHA): California’s Fair Employment and Housing Act protects workers against discrimination, harassment, and employer retaliation based on any protected characteristics. It lists more protected characteristics in addition to those detailed in the Civil Rights Act, offering more safety measures for more employees.

How Is Employment Law Enforced?

In addition to California’s Department of Fair Employment and Housing which handles state employment law violations, the federal group known as the Equal Employment Opportunity Commission (EEOC) helps to enforce employment law around the country. Both the Department of Fair Employment and Housing and the EEOC has the right to hold employers legally accountable and make decisions on how employment law violations should be settled. You can work with either group to file a discrimination claim against your employer, depending on which laws you believe were violated by them.

FAQs:

Q: Do I Need a Lawyer for My Workplace Discrimination Case?

A: While you’re not legally required to have an attorney to file a discrimination claim in California, it’s a good idea to find an attorney if your case is accepted and moves into legal proceedings. A qualified employment lawyer can properly represent your rights against large companies while guiding you through your case.

Q: What Qualifies As Workplace Discrimination in California?

A: A variety of unfair treatment in the workplace can qualify as discrimination if it is based on one or more of an employee’s protected characteristics. Not hiring a job applicant, not offering the same promotions, or failing to properly compensate employees for the same job because of a protected characteristic can all qualify as workplace discrimination.

Q: How Long Do You Have To File a Workplace Discrimination Claim in California?

A: Every state has different time limits on an employee’s ability to file an employment law violation claim. In California, the statute of limitations for filing a workplace discrimination claim is one year. This means an employee has one full year from the date their incident took place to file a claim with the Department of Fair Employment and Housing.

Q: Can I Receive Compensation for Workplace Discrimination?

A: Depending on the circumstances of your claim, your employer may decide to settle it financially and pay for the damages or losses you may have suffered. When this occurs, an employee receives compensation, and the matter is settled outside of court.

Your Sacramento Discrimination Lawyer & Law Firm

When it comes to filing a discrimination claim here in California, you need to work with an attorney that you can count on. If you have been or are currently the victim of workplace discrimination in Sacramento, don’t wait to find legal representation to help you. Here at Clark Employment Law, APC, our team is devoted to assisting California employees with their employment law needs and protecting their rights throughout the process. To learn more about how we can assist you with a discrimination claim or to schedule a consultation with one of our staff members, contact us today.