Q. Does federal / state law protect me against discrimination?
A. Federal and California State laws protect employees.The federal law that applies includes Title VII of the Civil Rights Act. Under California state law, you are protected through the Labor Code, Fair Employment Housing Act (FEHA), and the California Constitution. Since California State law offers superior protection, you will need to make an employment claim under California law.
Q. What is discrimination in the workplace under California law?
A. Discrimination is harassment or disparate treatment because of one’s race, religion, skin color, ancestry, nationality, sex, gender, gender identity, sexual orientation, age, marital status, military and veteran status, physical disability, mental disability, or various other attributes.
Q. What do I need to prove disparate treatment in the employment place?
A. You need to prove that you have incurred an adverse employment action such as demotion and failure to promote because of discrimination. It is not enough that your boss did not grant you a promotion because he did not like you are favored other people. You must show that the failure to promote was because of discrimination, for example, because you are a woman or African American.
Q. What do I need to prove harassment because of discrimination?
A. You have to prove that your boss harassed you because of discrimination, for example, because you are a women or African American. It is not enough that your boss does not like you or that he was mean, unreasonable and liked other people better.
Q. Can you give me an example of where you were able to prove that someone was denied employment because of discrimination?
A. I had a case settled for close to a million dollars because the assistant manager testified that the manager told her not to hire African Americans because they intimidated high end retail customers by their presence and were not in keeping with the image of the store. During litigation, we discovered an email between the company’s headquarters and the manager confirming that this was its policy.
Q. What is the statute of limitation to claim discrimination?
A. There is a 1 year statute from the date of the last discrimination.
Q. What will it take to win my discrimination case?
A. I can personally evaluate the individual aspects of your case in order to determine what additional information we need to supply, what our chances of prevailing are, and what type of recovery you may be able to expect to obtain.
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