Costa Mesa EEOC Lawyer
Costa Mesa EEOC ATTORNEY
It is important that you do what you can to protect and defend your rights as a worker under California labor laws. The Equal Employment Opportunity Commission, or EEOC, is a federal agency that works tirelessly to preserve those rights and fight against workplace discrimination throughout every level of the employment process. Discrimination can take a number of different forms, and it is vital that you recognize them with the help of a Costa Mesa EEOC lawyer.
How Can I Identify Workplace Discrimination?
There are many different kinds of workplace discrimination, and they all consist of behavior that seeks to undermine your value as a California worker and make you feel like you are less than your coworkers. The EEOC helps those who are discriminated against seek legal action whenever their workers’ rights are violated in the form of discrimination and harassment.
California state law requires every employer who has at least five employees to respect and abide by anti-discrimination laws set forth by the California Family Rights Act (CFRA). Employers must also provide their employees with sexual harassment training and up to four months of disability leave for medical issues related to pregnancy, childbirth, or a medical connection related to pregnancy or childbirth.
Workplace discrimination can happen to you even if you do not work at said workplace. It can occur during the interview process, through a poorly written job posting, or even during the initial application process. Here are a few different examples of workplace-related discrimination that are prohibited under EEOC regulations:
Harassment in the Workplace
Every kind of harassment in the workplace can make you feel isolated, disrespected, and unsafe in the workplace. If you are ever a victim of workplace harassment, it is vital that you contact an EEOC lawyer as soon as possible so you can start building a case. It is illegal to discriminate against anyone because of their protected class, which can include their race, age, gender identity, religion, sexual orientation, and more.
It is also illegal for your employer to retaliate against you if you do seek a claim for workplace discrimination or harassment. This includes anyone who has filed a discrimination claim, has supported a workplace discrimination claim, or has testified in a workplace discrimination claim.
Harassment is not just physical, either. It can take many different forms. Sometimes, you may not even be aware of it at the time. Harassment can include, among other behaviors:
- Offensive jokes
- Derogatory slurs
- Verbal threats
- Unwelcome sexual advances
- Requests for sexual favors in exchange for career advancement
It is vital that you challenge harassment in the workplace. Speak to an EEOC lawyer immediately if you are harassed.
Job Postings
When an employer posts a job posting on an online job board or a newspaper ad, it is illegal for them to ask only for certain demographics to apply for said job. Exclusion opens that employer up to potential claims and discrimination investigations. An employer cannot make hiring decisions based on an applicant’s protected traits.
Job Applications
When a prospective employer refuses to accept your application based solely on one of your protected traits, that is considered workplace discrimination. If a prospective employer declines to pursue your application based on your relevant work history, education, or references, then that is allowed.
CosTA MESA EEOC LAw FAQs
Q: What Is the EEO Law in California?
A: The EEO law in California prohibits discrimination based on one or more of someone’s protected traits. These include a person’s:
- Race
- Age
- Gender identity
- Sexual orientation
- National origin
- Marital status
- Disability
- Medical condition
- Religion
- Genetic information
California’s version of EEO laws is the Fair Employment and Housing Act (FEHA), which provides protection to California employees from discrimination and harassment throughout the state.
Q: Can the EEOC Award Damages?
A: Yes, the EEOC can award damages in cases involving intentional discrimination. In these situations, the EEOC may award compensatory damages as well as punitive damages if the violation is severe enough to warrant it. It depends on the case at hand. The EEOC helps employees who were discriminated against seek damages for emotional distress, pain and suffering, humiliation, and other non-economic losses that are relevant to the employee’s case.
Q: How Serious Is an EEOC Complaint?
A: A discrimination complaint to the EEOC is very serious. Depending on the nature of the complaint, the consequences for the employer who was responsible for the discrimination can be severe. The EEOC takes these complaints seriously and launches investigations into all of them to see if the complaints are genuine. Depending on the evidence that the EEOC finds, it may help the employee seek compensatory damages or work with the employer to address the issue.
Q: What Makes a Strong Retaliation Case?
A: A strong retaliation case will have undeniable evidence of an employer’s desire to make life for a certain employee difficult after that employee reported unlawful, suspicious, or reckless behavior to the proper authorities. To prove retaliation, you may have to show that several acts definitely occurred:
- You faced discrimination in the workplace.
- You reported that discrimination.
- You were then fired, demoted, or harassed because you reported it.
Reach Out to an Experienced EEOC Lawyer Today
The EEOC strives to make every workplace in the country safe from discriminatory behavior and workplace harassment. Being discriminated against can be a difficult situation to process. It can make you feel betrayed, offended and, above all, hurt. If you are ever a victim of workplace discrimination, it is vital that you take the proper steps to protect yourself and hold your harassers accountable for their actions. An experienced EEOC lawyer can assist with that task.
Diefer Law Group, P.C., can help you make sure that your case is strong by providing you with legal assistance throughout the process. We can help you develop your case, gather the necessary evidence, and protect your interests from start to finish. Contact us to schedule a consultation with one of our valued team members.
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