Do you feel your age, race, or gender was a factor in a discriminating action your employer took against you? Discrimination and harassment based on legally protected characteristics and activities is unlawful.
If you feel targeted in the workplace and subjected to unwarranted and unlawful discrimination, pick up the phone and call us immediately. We are here to help!
AGE DISCRIMINATION:
Under federal and California state law, it is illegal for an employer to treat an employee or applicant unfairly because of their age. California state and federal legislation cover age discrimination for those who are forty years or older (40+), but do not cover claims of age discrimination for being too young. California law is more comprehensive than federal law for age discrimination, so if your claims are not covered under federal law, they might be covered under California law.
Federal Law:
Age discrimination is illegal under the Age Discrimination in Employment Act (also known as the ADEA), enacted in 1967. The ADEA applies to employers with fifteen or more (15+) employees.
California Law:
Age discrimination in illegal under the Fair Employment and Housing Act (also known as FEHA), enacted in 1959. FEHA applies to employers with five or more (5+) employees.
If you believe you have been subject to age discrimination, do not hesitate to report your employer. Both federal law, the ADEA, and California law, FEHA, make it illegal for employers to retaliate against employees who file age discrimination investigations or complaints.
RACIAL DISCRIMINATION:
Racial discrimination in the workplace is illegal under federal and state law. There are two main types of racial discrimination: Disparate treatment and disparate impact. Disparate treatment happens when an employer takes an action against an employee on the basis of the employee’s race. Disparate impact happens when an employer’s policies discriminate against a race. These policies do not need to be intentional.
GENDER DISCRIMINATION:
Title VII of the Civil Rights Act of 1964 federally prohibits employers from discriminating against their employees based on gender.
Many cities, counties, and states have their own gender discrimination laws that further protect their employees. Contact an Employment Law Associate at Gold Coast Counsel for a free case evaluation.
Examples of Gender Discrimination
Possible examples of gender discrimination include:
- Unfair wage determinations
- Unequal pay
- Failure to promote
- Unfair demotions
- All superiors are of the opposite sex
- Sexist comments
- Unfair termination
- Failure to promote
- Glass ceilings
- Diminished responsibilities
- Outdated views
- Job reassignment
- Sexual harassment
- Promotions for only one gender
- Positional bias
California Fair Employment and Housing Act
The Fair Employment and Housing Act (FEHA) offers age, race, and gender discrimination protection to a much broader range of employees than federal law.
FEHA covers claims for:
• Employment discrimination
• Harassment
• Housing discrimination
• Retaliation (such as demotion or wrongful termination of persons who have been the victims of discrimination)
• Denial of medical leave or pregnancy leave
If you have been the victim of illegal discrimination in violation of your rights under the Fair Employment and Housing Act, you must file a complaint with the Department of Fair Employment and Housing (DFEH) or the Equal Employment Opportunity Commission (EEOC).
Please note that the Statute of Limitations on an age, race, and/or gender discrimination claim holds an expiration date. This means that you will forfeit your right to bring forth this claim if you fail to file a suit prior to this date.
If you wish to pursue claims, depending on the type of claim, you may be required to file a complaint with the Department of Fair Employment & Housing (“DFEH”) (www.DFEH.ca.gov) within a specified period of the accrual date of your claims in order to reserve your right to bring state law discrimination claims against your employer. Alternatively, you also have a right to pursue a case with the Federal Equal Employment Opportunity Commission (EEOC) as an alternative to the DFEH, however, you must file with the EEOC within a specific time period from the date of the accrual of your claims. See http://www.eeoc.gov/youth/timelimits.html.
If you do not file with the DFEH or EEOC within these time periods, you may lose your right to pursue discrimination or harassment claims in state or federal court. In addition, if you have claims for non-payment of wages, please contact the Labor Commission (http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm) for more information. These claims also have applicable time limitations.
There may be additional state or federal agencies that require administrative review of your claims, which could limit or extend your time to file complaints, and other statutes of limitations running in your case, we suggest that you immediately contact counsel to advise you of your rights and liabilities.
If you believe you are being a victim of any kind of discrimination at your workplace, please contact us. We are an Employment Law firm based out of San Diego, CA that deals in California Employment Law related issues including Age, Race and Gender Discrimination at your workplace.
Having a top rated Employment Law Firm on your side when dealing with Discrimination at the Workplace is crucial. Our Employment Attorney are located in San Diego, CA but can assist clients in the entire state of California.
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