Discrimination

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Employment Discrimination – Can My Employer Discriminate Against Me?

 

“Employers must judge workers equally …
Based upon their abilities.”

 

Was your employment terminated under suspicious circumstances? Was it undeserved? Are you a good employee? If the answer is “yes,” then you may be a victim of workplace discrimination. An experienced employment lawyer can help determine whether you may have an employment discrimination claim.

If you feel you are being treated differently from other employees at work because of your age, race, gender, religion, pregnancy, disability or medical condition, you may be a victim of workplace discrimination. Employers are required by Federal and State law to provide equal employment opportunities to employees. Yet, every day, people are denied positions, passed over for promotions and are penalized due to discrimination.

At the Webb Law Firm, we understand how important your job is to you. If you were unjustly treated, you are probably worried, confused and wondering if you have any recourse? Someone has just stolen your dignity, self-esteem, confidence, joy, happiness, and quality of life. At our Woodland Hills, California law office, we will help you through this process.

Some of the most common types of discrimination are based upon:

  • Age Discrimination
  • Disability or Handicap
  • Failure to accommodate
  • Gender and equal pay
  • Medical Condition (Cancer)
  • Harassment because of age, gender, religion, pregnancy, disability or medical condition, etc.
  • Military return to work
  • National origin
  • Pregnancy
  • Race
  • Reverse Discrimination
  • Religion
  • Sexual harassment

Workplace discrimination can take many different forms, subtle and direct. A person can be harassed because of their protected class, i.e. medical condition, gender, disability etc.

Harassment

Harassment because of any of the above is also a violation under state and federal anti-discrimination laws. Like discrimination, harassment can come in many forms, both verbal and physical. If such behavior interferes with an employee’s work performance or their ability to do their job, then that harassment is considered a hostile work environment. Any employee not just managers or executives can create a hostile work environment. Anyone who is adversely affected by the harassment is also considered to be a victim, not just the intended victim. The following are examples of harassment that may create a hostile work environment:

  • Leering or staring in a suggestive manner
  • Making offense comments
  • Using racially derogatory words or phrases
  • Making any type of sexual or racist comments
  • Making negative comments about an employee’s religious beliefs (or lack thereof)
  • Making negative comments about an employee’s age
  • Uncomfortable or inappropriate touching
  • Telling inappropriate or sexual jokes
  • Derogatory statements about a person’s mental or physical disability
  • Display of anti-semantic, religious or sexual images/posters.
  • Interfering with movement
  • Yelling and screaming
  • Threats of violence (can also be an unsafe workplace)
Reverse Discrimination

The act of “Reverse discrimination” is illegal. For example:

In South Carolina, the U.S. Equal Employment Opportunity Commission sued a historically black college on behalf of three white faculty members who complained they were denied jobs because of their race. They reached a settlement agreement, with Benedict College paying $55,000 to each instructor, including an art teacher who said she was denied promotion in favor of a black professor.

In 2009, the U.S. Supreme Court sided with white firefighters in a workplace discrimination lawsuit. A majority of the justices ruled that a city improperly threw out the results of promotional exams that officials said left too few minorities qualified. One Latino and no black firefighters qualified for promotion based on the exam; the city subsequently decided not to certify the results and issued no promotions. The white firefighter’s sued for reverse discrimination.

In another reverse discrimination case the Supreme Court Chief Justice Roberts expressed his belief that all races are protected when he wrote,

“The way to stop discrimination on the basis of race
is to stop discriminating on the basis of race.”

Medical Discrimination

In a medical discrimination case, because an employer “believes” the employee has cancer may cause illegal discrimination. We were referred a case by another attorney where an asset manager had recently landed a secure job. As a single mother, she needed job security. Because of good performance evaluations and rave reviews from her new bosses, she felt financially secure.

Out of the blue, the manager received a call from John who explained to her that he knew her great reputation and he needed her for his company. Initially, she said no but he was relentless offering more money, a partnership and other benefits, most importantly long term job security, to entice her to leave her current job. From the beginning, she jumped in headfirst, invested her vast experience and hard work and the business flourished.

Six months into her new job, a supervisor learned about her need to take time off for undisclosed medical treatment.  Soon, John hired another woman who began taking over the manager responsibilities.  She confronted the supervisor about it, who told her,  “We know you have cancer”. This was a false rumor. She was being treated by a Gynecologist but unrelated to cancer. John fired her believing she had cancer, claiming it was a “layoff”.

Medical information is private and she wished to keep it that way, moreover it is illegal to fire someone because of cancer. The case was successfully mediated resulting in a confidential settlement.

Other medical examples are when the employee has suffered a Traumatic brain injury caused by head trauma, whether it occurred at or away from the job.

Our Legal Team Works to Uncover the Real Facts

There are thousands of reasons causing employment discrimination and other wrongful acts. The employer’s true motive is a determining factor in deciding if it was illegal or wrongful in the eyes of the law. As your California wrongful termination lawyers, we will look beyond what your employer claimed was the reason for termination and investigate the true motives.

Our allegiance is to employees who have been wrongfully treated by their employers whether corporations, government or private enterprises. Our job is to get the truth out about what happened to you. To reveal to everyone necessary the real reasons exactly why you have been harmed.

At the Webb Law Firm we can help you determine what course of legal action is best for you. The law provides that employees “shall be granted all relief necessary to make the employee whole.”  Depending on your situation, your employer may owe you for lost wages, benefits, quality of life, mental suffering, litigation costs, attorney fees, and more depending on the unique circumstances of your case, which may include reinstatement. So let’s talk!

If you or someone you know has suffered some type of injustice at work, we want to help you and while doing so be a voice for positive change – it will help deter future misconduct. Employers control the work environment, as a matter of law it is their responsibility. At our Firm we are Employment Law Experts with a winning track record of holding employers accountable for workplace violations and protecting working families.   We have successfully handled many discrimination and harassment cases, recovering millions for our client.

Contact Us for a Free Confidential Consultation

Whenever possible, we handle cases on a contingency fee basis, our assurance that we believe in you and your case. We are confident that we can successfully recover for your harm and if we don’t win you don’t have to pay us one penny for our attorney fees. We are committed against injustice by those in powerful positions and to holding them accountable for injury or harm to innocent victims.

“Tell us about your case – We are here to help!
We have been leading the way for over 32 years.”