Fight Back Against Employment Discrimination
At Brandon Banks Law, APC, we understand how frustrating it can be to face discrimination on the job. From the moment that you are hired at a job, you expect to be treated fairly throughout your time there. If you believe that you have been discriminated against in the workplace, Attorney Brandon Banks will represent you every step of the way as you fight back against the consequences of unfair employment discrimination. Contact us today to schedule an initial consultation or fill out our intake form so that you can get started.
Do I Need an Attorney for a Discrimination Claim?
It is not always easy to understand what rights you may have if you feel that you are being discriminated against on the job. Though some discrimination claims can be handled by speaking to an HR department, it is not always suggested. A lawyer is equipped with the knowledge and resources to know if your unfair treatment is, in fact, discrimination, and how it should be handled.
An attorney will be able to help you gather evidence that proves your employer’s intent, speak with witnesses who may have seen the discrimination occur, and obtain documents related to your case. Understanding your options is vital if you believe you are the victim of employment discrimination, which is why we are here to help you at Brandon Banks Law, APC.
What is Workplace Discrimination?
Employment discrimination takes place when an employer mistreats an applicant or an employee due to the following aspects:
- Sexual Orientation
- Gender Identity
- Taking/Requesting family care, health care, or pregnancy leave
- Veteran status
- Medical conditions
In cases of discrimination, an employer will either terminate or threaten to terminate, demote, or suspend a potential employee or current employee due to their being a part of a protected class. Though discrimination sometimes takes place against one person, it can also involve an entire group of people.
The Civil Rights Department (CRD) in California states that it is illegal for employees who have five or more employees to discriminate against job applicants and employees who fall under a protected category such as those previously mentioned. Victims of employment discrimination often wonder what options they have if it has happened to them.
Watching for Signs of Workplace Discrimination
Sometimes, an employer doesn’t realize that workplace discrimination is happening even though their co-workers, employers, or managers are partaking in it. Sometimes, these parties may not even know that they are being discriminatory because it is not intentional. However, no matter the situation, discrimination should always be taken seriously and should never happen.
Here are some signs of workplace discrimination that may be affecting you or others:
- Unfair treatment such as higher performance standards that you have to meet but are not expected of others
- Derogatory comments and jokes about your protected characteristics
- Exclusion/Being left out of meetings and business events
- Unequal pay even though you are in the same position as others
- Being denied opportunities like promotions or training that you may need
- Change in job duties with no justification
- An employer favoring certain employees based on their characteristics
If you believe that any of these types of discrimination are taking place, it is crucial that you reach out to an attorney as soon as possible.
Should I Report Discrimination to My HR Department?
Speaking with your HR Department is one of the first steps that you can take after you believe you have fallen victim to discrimination in the workplace. Your HR department has the expectation to fairly investigate any claims of discrimination from an employer and ensure through preventative measures that you are kept safe while there is an ongoing investigation.
Sometimes, individuals decide not to report discrimination with the fear that there will be an inadequate or impartial investigation into their case. They may even be fearful of an employer retaliating against them once they make a report. Fortunately, there are laws and protections for employees who have experienced this. With the help of an attorney, you can ensure that your rights are being protected if you have been discriminated against on the job.
Before you move forward with a lawsuit against your employer on the basis of discrimination, you must file a report with the Equal Employment Opportunity Commission (EEOC), which your attorney will help you with.
How Much is Your Discrimination Claim Worth?
Though it is impossible to determine the exact amount of compensation that you may receive in an employment discrimination claim, an attorney can give you an idea of what you may expect. They will determine this based on the strength of your evidence and the amount of damages you have suffered due to the discrimination. You may be able to obtain damages for the following aspects:
- Back Pay: Back pay covers the lost earnings that you have suffered as a result of the discrimination. If you were terminated, you will be awarded the back pay you deserve.
- Front Pay: Front pay refers to the lost earnings that you will lose in the future due to the discrimination or loss of job. If you speak with the jury and tell them that it could take several months to find a new job, you will be rewarded pay until you find more work.
- Loss of Benefits: If you have lost certain benefits due to your job termination caused by discrimination, such as health care coverage or 401k plans, you could receive the value of these lost benefits.
- Pain and Suffering: Plaintiffs may be able to receive pain and suffering damages if the discrimination caused mental or emotional distress.
- Punitive Damages: These damages are meant to punish a defendant for their egregious or negligent actions. They are difficult to quantify but the jury will come up with an appropriate number.
Contact a California Employment Law Attorney Today for More Information
Workplace discrimination is distressing and confusing. You should never have to handle a discrimination case on your own. At Brandon Banks Law, APC, we offer you the resources and representation that is needed to help you back on your feet if you have been discriminated against or terminated on the job due to discrimination. Facing a claim in California is not easy to do, which is why we are here every step of the way. Please contact us today or fill out our intake form so that we can assist you.
Disclaimer: While this website provides general information, it does not constitute legal advice. The best way to get guidance on your specific legal issue is to contact a lawyer. To schedule a meeting with an attorney, please call the firm or complete the intake form below.