What Types of Employment Discrimination Are Prohibited?
California's Fair Employment and Housing Act and applicable federal laws prohibit discrimination based on specified protected characteristics.
Depending on the applicable law, these can include race, color, national origin, ancestry, religion, sex, pregnancy, sexual orientation, gender identity, age, disability, and other protected characteristics.
The protections and legal requirements vary according to the claim, employer, and circumstances.
Lepera & Associates, PC evaluates whether the alleged conduct falls within applicable employment discrimination protections.
What If I Was Denied a Promotion or Treated Unequally at Work?
Discrimination disputes may involve hiring decisions, promotions, compensation, job assignments, training opportunities, discipline, or termination.
An employee may suspect discrimination when workplace decisions appear connected to a legally protected characteristic rather than legitimate employment considerations. In some cases, the reasons for a decision are disputed or difficult to establish without examining the surrounding facts.
A difference in treatment does not automatically establish unlawful discrimination. Relevant questions may include the employer's stated reasons, the employee's qualifications, comparable employment decisions, and evidence of discriminatory intent or other legally relevant circumstances.
The firm assists clients in evaluating whether employment decisions may support a legal claim or defense.
What If My Employer Denies an Accommodation or Treats Me Differently Because of a Disability or Pregnancy?
California law provides protections involving disability discrimination, pregnancy-related discrimination, and certain workplace accommodation obligations.
The requirements depend on the nature of the condition, the requested accommodation, the employer's obligations, and the surrounding facts.
These issues can overlap with other employment-law claims, including protected leave, retaliation, and wrongful termination.
What If Discrimination Leads to Termination or Retaliation?
Employment discrimination disputes sometimes involve termination, demotion, reduced opportunities, or other adverse employment actions.
California law also protects employees against certain forms of retaliation for engaging in legally protected activity, including opposing unlawful discrimination or participating in protected proceedings.
Whether a particular employment action violates the law depends on the evidence and applicable legal standards.
Does Lepera & Associates, PC Also Defend Employers Against Discrimination Claims?
Yes. In addition to representing employees, Lepera & Associates, PC represents employers in appropriate employment discrimination litigation.
Employer-side disputes may involve evaluating employment decisions, reviewing relevant documentation, responding to allegations, and defending claims under applicable California and federal law.
Representation depends on the specific circumstances and applicable conflict-of-interest considerations.
Evaluating Your Options in an Employment Discrimination Dispute
Employment discrimination cases can involve disputed facts, workplace records, communications, comparative evidence, and complex legal standards.
An evaluation may consider the employer's stated reasons for its decisions, available documentation, relevant witnesses, administrative requirements, and filing deadlines.
Depending on the circumstances, resolution may involve administrative proceedings, negotiation, settlement, or litigation.
Lepera & Associates, PC assists clients in evaluating their legal options and pursuing an appropriate strategy.
Frequently Asked Questions
How can I tell whether an employment decision was discriminatory?
An unfavorable decision alone does not establish discrimination. Relevant evidence may include the reasons given for the decision, comparative treatment, communications, timing, and other facts connected to a legally protected characteristic.
Can an employer legally deny me a promotion?
Yes. Employers may make lawful promotion decisions based on legitimate considerations. A legal issue may arise when a decision violates applicable anti-discrimination protections.
Does California protect workers against age discrimination?
Yes. California law prohibits certain forms of employment discrimination based on age, subject to the applicable legal requirements.
What evidence may help support an employment discrimination claim?
Depending on the circumstances, relevant evidence may include employment records, communications, performance evaluations, comparator information, witness accounts, and the employer's stated reasons for its actions.
Are there deadlines for filing an employment discrimination claim?
Yes. Administrative and court filing requirements may apply. The applicable deadlines depend on the claim, jurisdiction, and circumstances.
Does Lepera & Associates, PC represent employers as well as employees?
Yes. The firm represents employees and also defends employers in appropriate employment discrimination matters, subject to conflict checks.