Employment discrimination attorney | lawyer in Sacramento
Employment Discrimination
Many people are surprised to find that employment discrimination still happens every day in workplaces throughout the United States. Nothing could be more unfair, unjust, or un-American than making decisions about the terms and conditions of a your employment on the basis of a protected characteristic. Unfortunately, whether it is based on hostility, ignorance, or indifference, discrimination has yet to be eliminated.
While there are both state and federal prohibitions of discrimination in employment, this article will mainly discuss California law. California discrimination, most of which is embodied in the Fair Employment and Housing Act, often borrows from its federal equivalent, known as Title VII.
What must be proven in a California court
In order to prove discrimination in employment, a Plaintiff must prove that the employer took some type of adverse action, altered the terms and conditions of your employment, or made a decision about your employment based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, or sexual orientation. It is not required to prove that one of these protected classes was the only reason for the employment decision, but rather that one or more of these protected classes was a “motivating factor” in the decision.
Employment discrimination cases can be difficult (but not impossible) to prove. Most employers who discriminate against an employee tell the employee the real reason for the decision. Of course, employers will deny ever considering the person’s race, gender, etc.
Circumstantial evidence can be powerful
Accordingly, most discrimination cases are proven by circumstantial evidence. Circumstantial evidence is often misunderstood by laypersons and the media. It is often believed to be unreliable or untrustworthy. To the contrary, in discrimination cases, there is often powerful circumstantial evidence of the discriminatory state of mind of the decision-maker. For example, if the employer only hires or promotes a certain race or gender, despite the superior qualifications of those who are not hired or promoted because they are of a different race than the supervisor. Or, a supervisor terminates an older employee for allegedly violating rules that are never enforced against the younger employees.
Contact our office to discuss your case
There are many examples of discrimination that occur in the workplace throughout the State of California on a daily basis. If you believe that your employer is making decisions about your employment based on your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, gender, age, or sexual orientation, please contact our office to discuss your case. You can tell us about your case confidentially online, or call us at (916) 441-5566.
