Workplace Discrimination

If you are being discriminated against by your employer, you may feel helpless to better your situation. However, that’s just what your employer wants you to think. At the Law Offices of David M. Boertje, we understand that employee rights are civil rights. If you are receiving less favorable treatment due to a legally protected status, we want to talk to you about how we can help you get justice and compensation for the unfair treatment you have been forced to tolerate.

Under California law, it is illegal to treat someone differently on the basis of a protected status in a way that negatively or disparately impacts them. The California Department of Fair Employment and Housing identifies protected categories as the following:

• National Origin and/or ancestry.
• Race and/or skin color.
• Religion.
• Age. Note that this only applies if the individual is at least 40 years of age. Under California law, you cannot be discriminated against for being “too young.”
• A mental or physical disability.
• Sex and/or gender. This category of claims also includes those relating to pregnancy, childbirth, breastfeeding, and gender-specific needs and medical conditions (such as those relating to pregnancy and childbirth).
• Sexual orientation.
• Gender identity and expression.
• Health and medical conditions.
• Parental or marital status.
• Being a veteran, or, in some cases, in the military.

Employees are certainly legally protected against all forms of discrimination listed above. However, you may be surprised to learn that you don’t have to be employed by a company in order to receive these protections from them. For instance, applicants and contractors may also be protected. In many instances, applicants are unfairly discriminated against in the hiring process, which keeps them from getting hired. If the only thing that was standing between you and that new job was one of the protected statuses listed above, you are entitled to compensation for discrimination.

Discrimination is also prohibited in advertisements. For instance, stating any preference for a specific gender, race, or family status in a rental, housing, or employment advertisement constitutes discrimination under California law.

As stated above, discrimination can begin in a job posting, before an employee is even contacted for an interview. Discrimination can also occur in the screening and interview processes. However, once an employee is hired, things don’t get simpler. Instead, discrimination can be pervasive throughout an organization. Affecting hiring, promotion, and transfer decisions, as well as pay inequities, bonus distribution and eligibility, disparate disciplinary measures, ability to participate in employee enrichment, training, and mentorship programs, and hostile or sub-par working conditions, just to name a few.

Although the idea of litigation may seem daunting, it actually feels like a huge sigh of relief to most people, to finally be able to hand off the heavy burden that has been weighing them down, and trust that it will be taken care of so they can move on with their lives. However, the benefits of bringing a successful Southern California workplace discrimination claim go beyond the psychological benefits (although many people who go through the process say it is worth it for those alone), depending on your situation, it can also result in re-hiring or reinstatement (if you were wrongfully terminated), promotion (if you were denied on on a discriminatory basis), compensation for lost past and future wages, financial damages, damages for emotional distress, and payment of attorney’s fees.

If you are experiencing workplace discrimination, the Law Offices of David M. Boertje are here to help. Contact our offices today, serving San Diego County, and all of greater Southern California. If your California employer is mistreating you, we will help you get the accountability and compensation that you deserve. We offer free consultations by phone and online 24 hours a day, 7 days a week.