Orange County EEOC Lawyer
Orange County EEOC Lawyer
If you are ever discriminated against in the workplace, the resulting fallout can be devastating to your mental and emotional health. Few things in your life can make you feel as degraded as being harassed or discriminated against at work, and it is important that you take the correct steps to protect your own interests and your future claim.
You can start by retaining the services of an Orange County EEOC lawyer and pursuing a claim to hold your harassers accountable.
Recognizing Discrimination in the Workplace
The Equal Employment Opportunity Commission, or EEOC, is a federal agency that takes steps to help workers who have been discriminated against because of their protected traits. These can include your:
- Race
- Age
- Gender identity
- Religion
- Disability
- Sexual orientation
- Pregnancy
- National origin
- Marital status
- Genetic information
The EEOC can help workers who have been discriminated against and harassed after an incident of discrimination, retaliation, or harassment.
California state law prohibits any employer who provides jobs for more than five employees from not complying with the anti-discrimination rules set forth by the EEOC and the California Family Rights Act (CFRA). The CFRA also forces California employers to provide their employees with sexual harassment training and up to four months of disability leave if their employees must leave to manage their pregnancy, childbirth, or a related medical issue.
Job-related discrimination can happen at any time throughout the application and employment process. It depends entirely on the business dealings of your prospective employers. Your employer may not be the only party who engages in discriminatory actions at the workplace. When it happens to you, you should never take it lightly. It could be indicative of a larger toxic or hostile work environment. You may want to consider reaching out to an EEOC lawyer.
Here are two examples of job-related discriminatory actions that the EEOC has prohibited:
Workplace Harassment
Harassment in the workplace can make you feel belittled, isolated, and unsafe. Harassment can involve many different behaviors. Sometimes, you may not even recognize that you are being harassed until much later or once you’ve spoken with others who have experienced the same behavior. If you are ever a victim of workplace harassment, you should consider reaching out to an EEOC lawyer soon to start building a case.
Under California labor laws, it is illegal to discriminate against someone because of their protected traits. It is also illegal for your employer to retaliate against you for bringing harassment to their attention. If you file a complaint of harassment, support someone else’s claim of harassment, or testify on behalf of a claim of harassment, your employer cannot legally retaliate against you and your job because of it.
Harassment can be verbal, physical, emotional, or in jest. It can include, among other behaviors:
- Offensive jokes
- Derogatory slurs
- Threats of violence
- Threats of demotion
- Unwanted sexual advances
- Demands for sexual favors
It is vital that you report any harassing behavior to the proper department, which should be listed in your company handbook. It most likely will be your human resources (HR) department or your supervisor.
Job Postings
When an employer makes a post for applicants to apply for a job within their company, it is illegal for them to deny any protected class the right to apply for that position. For example, they cannot say on the job posting that they’re only looking for employees under 40. That’s discriminatory against some people’s age. An employer cannot make hiring decisions based on protected traits.
FAQs
Q: What Are the Odds of Winning an EEOC Complaint?
A: The odds of winning an EEOC complaint depend entirely on the details of your case. Every EEOC complaint is different and has varying degrees of evidence behind it. The success of your case cannot be indicated by other similar cases that have succeeded in the past. Certain factors have to be taken into consideration, such as:- The amount of evidence you have that supports your claim
- Your lawyer’s negotiation skills
- How willing both parties are to compromise
Q: What Happens If the EEOC Finds the Employer Guilty?
A: If the EEOC finds your employer guilty of fostering a discriminatory workplace, the EEOC will likely work to fix the situation in any number of ways. The most likely way may be to award damages to the aggrieved party, which could cover emotional distress and out-of-pocket expenses, among other losses. If the EEOC concludes that the discrimination was intentional and that your employer had meant to hurt you, you may be awarded punitive damages as well.Q: What Is the Statute of Limitations for an EEOC Complaint in California?
A: The statute of limitations for an EEOC complaint in California is 300 days if your complaint is also covered by the state’s anti-discrimination law, which it is in California. You’ll have 300 days from the date of your initial incident to start building a case and filing a claim for workplace discrimination with the EEOC. Building a solid workplace discrimination case can take a great deal of time, so it’s recommended that you get started as soon as possible.Q: What Is the Difference Between EEOC and EEO?
A: The main difference between EEO and EEOC is the scope. An EEO (equal employment opportunity) complaint is often handled internally, with the desire to keep it from escalating. It has little to do with the federal agency that oversees workplace discrimination nationwide, which is the EEOC. An EEOC complaint is often taken after the internal processes for an EEO complaint are exhausted and lead to no solutions. Both EEO and EEOC are related to discriminatory practices and how to resolve them.Reach Out to an EEOC Lawyer Today
It can be overwhelming to deal with workplace discrimination on your own. If you are facing discrimination or harassment in the workplace, reach out to an experienced EEOC lawyer to get started on building a claim. You may be able to hold your harassers accountable for their actions and prevent similar cases in the future.
Diefer Law Group, P.C., can help you work through your case and ensure that you are never taken advantage of throughout this process. Contact us to schedule a consultation.
Orange County Practice Areas
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