San Diego Discrimination Attorneys
Are You Enduring Workplace Discrimination?
Being mistreated at work is never a comfortable feeling, and employment law makes many types of mistreatment in the workplace legally actionable offenses. Being targeted for wrongful treatment as a member of a protected class, however, can feel even more overwhelming. Unfortunately, certain prejudices against people have lingered in society and made their way into places of work.
Workplace discrimination is unlawful on the basis of the following:
- Disability status
- LGBTQ and Sexual Orientation
- Race and Skin Color
- National origin
If you believe you were subjected to workplace mistreatment based on these or another reason, reach out to a discrimination attorney in San Diego like ours at Haeggquist & Eck, LLP. We treat all clients with the dignity, respect, and compassion they deserve as they pursue their fight for compensation from an employer who unlawfully wronged them.
The Three Basic Employee Rights
Every employee has rights, they include:
- Right to Know: Employers/supervisors must ensure their employees are aware of any hazards that are present in the job. The employees have the right to be trained and receive information about any toxic substances they may be exposed to.
- Right to Participate: Employees have the right to ask questions about issues relating to their/ a coworker’s health and safety. They have the right to report unsafe conditions to their supervisor or employer.
- Right to Refuse Unsafe Work: Employee may refuse work if they believe they are endangering themselves or others. The employer has a responsibility to respond to work refusals. The employee is protected from retaliation from the employer if they refuse unsafe tasks.
Common Examples of Workplace Discrimination
Sometimes instances of workplace discrimination are discrete and glaring – other times, however, they can be less noticeable. Regardless of how obvious they are, or whether or not the discrimination was intentional, you may be able to hold a responsible party liable.
Common instances of workplace discrimination look like the following:
- Refusal to hire or promote people that belong to a protected class
- Implementing policies that would only or disproportionately affect people belonging to a certain class
- Allowing instances of workplace discrimination or harassment due to a person’s status as a protected class citizen
- Failing to accommodate for disability or religious needs
What Remedies Can I Receive If I File a Workplace Discrimination Claim?
Remedies for a victim of discrimination can vary depending on the case, such as the extent of the discrimination suffered and the extent of the harm caused to the employee.
Employees who have suffered unlawful discrimination in the workplace may be able to recover damages that include:
- Employee backpay
- Future lost wages
- Reinstatement of position
- Out-of-pocket expenses
- Employee's attorney fees
- Emotional distress damages
- Punitive damages in egregious or malicious cases
In addition to monetary damages, the employer may be required to make changes to their workplace policies and procedures.
What is an Employment Discrimination Class Action?
There are some employment discrimination cases that affect entire groups of people or “classes” of employees. If you are involved in this type of case:
- An attorney or the state Department of Fair Employment and Housing may file a lawsuit on the behalf of that class that were harmed by the discriminatory policy of the employers.
- The lawsuit is a “class action” and can be a method for discrimination victims to voice their concerns as a collective and force change to policies.
- However, if an individual joins a class action they may affect their right to take solo legal action.
If you have received notice that you may be qualified to join a “class action”, do not hesitate to speak with our employment discrimination attorney. We have experience with a wide variety of class action cases and can help guide you through the process and discuss your rights in seeking compensation for discrimination.
We Can Fight for You
Contact one of our discrimination lawyers at Haeggquist & Eck, LLP to learn more about filing a discrimination claim against your employer, and about pursuing damages. We can review the details of your case and answer questions you may have about your case.
If you believe you’ve been discriminated against at work, contact us today for help.
- Wrongful Termination
- Unpaid Wages & Overtime
- Sexual Harassment
- Pregnancy Disability Law
- Family Medicare Leave Act (FMLA)
- California Family Rights Act
- Misclassification of Employees
- Meals & Rest Breaks
- Hostile Work Environment
- Fair Labor Standards Act Wage Claims
- Fair Employment Housing Act
- Expense Reimbursement
- Equal Pay
- Accommodation for Disabilities
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