Orange County Workplace Discrimination Lawyer

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Orange County Workplace Discrimination Attorney

One of the most difficult aspects of addressing workplace discrimination is the inherent fear of job-related reprisals after raising complaints about it. An experienced Orange County workplace discrimination attorney can help anyone who is facing such issues.

Employment discrimination is an unfortunately pervasive problem throughout the United States, and it is possible for anyone working in any industry to unexpectedly face various forms of discrimination based on their legally protected personal qualities. Workplace discrimination may pertain to an employee’s:

  • Race or ethnicity
  • Sex
  • Sexual orientation or perceived sexual orientation
  • Age
  • Marital status
  • Health status, including disabilities and genetic conditions
  • Religion or spirituality
  • National origin

It’s natural for an employee to fear losing their job or facing other penalties if they speak up about a discriminatory experience. It is vital for every employee in every industry in Orange County to know their rights when addressing adverse treatment in their workplaces.

Skilled Orange County Workplace Discrimination Lawyers

The attorneys at Aitken Campbell Heikaus Weaver, LLP, have extensive professional experience in California employment law. Our team has successfully helped many clients overcome all types of workplace discrimination, and we know the challenges you are likely to face in your own unique situation.

Our goal is to help you prove the truth of your experience and hold the appropriate parties accountable for the harm they’ve done. Every workplace discrimination case is unique, so we take the time necessary to learn as much as we can about each individual client’s circumstances. This allows us to provide client-focused representation through all stages of their case.

Benefits of Working With an Orange County Workplace Discrimination Attorney

Approaching any civil case on your own would be risky and daunting, but this is especially true if you must bring a complaint against your employer for workplace discrimination. While it is technically possible to attempt this without hiring an attorney, you would face numerous risks in doing so. You could overlook important details or not know how to gather the evidence to support your case.

Before filing a workplace discrimination claim in California, the claimant must first navigate the complaint process through the Equal Employment Opportunity Commission (EEOC), and this will be much easier with an Orange County workplace discrimination attorney’s assistance.

Your legal representative can make every aspect of your case easier to manage and more likely to generate the results you hope to see. When you choose Aitken Campbell Heikaus Weaver, LLP, to represent you, we can immediately begin by assisting you in collecting the evidence you need to prove the truth of the situation in question.

How an Orange County Workplace Discrimination Lawyer Can Help

Some people who experience workplace discrimination aren’t sure how to gather evidence to support their cases. Others are unaware that specific interactions or incidents qualify as discrimination. Employers may also take steps to hide the discriminatory intent behind certain job-related actions.

Ultimately, if you believe that you may have grounds to pursue a workplace discrimination case in Orange County, it’s vital to consult a seasoned employment law attorney as soon as possible. The team at Aitken Campbell Heikaus Weaver, LLP, has extensive experience with many areas of employment law. We can work closely with you through each step of your case, from gathering evidence and filing your EEOC complaint to resolving the legal proceedings that follow.

Our goal is to help you resolve your situation as effectively as possible and recover compensation for any damages you suffered from the discrimination in question. Success with any workplace discrimination claim is more likely when you have an experienced Orange County workplace discrimination attorney handling your case.

What Is Considered Workplace Discrimination in California?

Workplace discrimination occurs whenever an employer treats an employee or group of employees differently based on their legally protected personal qualities, such as race, sex, or age.

It is illegal to discriminate against employees in the workforce because of a person’s age, gender, or disability. The California Fair Employment and Housing Act (FEHA) applies to public and private employers, labor organizations and employment agencies who employ 5 or more employees. FEHA protects workers aged 40 or older from discrimination in the workplace or in hiring practices. A disability can include a recent diagnosis, for example, cancer, the treatment of which will require a leave of absence from work.

While most workplace discrimination is negative in nature, with employers treating specific employees unfairly on the basis of their personal qualities, it is also possible for an employer to show preferential treatment to certain employees based on their personal qualities. However, even if they do not treat other employees negatively, this type of discrimination is not inherently positive and is still illegal.

The EEOC enforces workplace discrimination laws in the United States, and California state law also establishes some of the most robust anti-discrimination protections at the state level. All employers are expected to treat all employees fairly and equally. When an employee’s personal qualities become determining factors in job-related decisions, this is workplace discrimination.

How Do I Prove Discrimination at Work in California?

If you are unsure whether a recent experience at work is a type of discrimination, contact our firm. A legal representative can review the details of the situation you experienced and help you determine whether you have grounds for legal recourse.

One of the most challenging aspects of pursuing a workplace discrimination case in Orange County is gathering evidence to prove that your experience qualifies as workplace discrimination. Employers who knowingly engage in discriminatory practices typically take steps to conceal their true motivations.

Your Orange County workplace discrimination attorney knows what types of evidence you may need to prove that you experienced unlawful discrimination at work. This may include internal work emails and testimony from coworkers who have had similar experiences or witnessed discriminatory actions firsthand.

What Is Workplace Discrimination?

You may need to prove that a specific job-related action was taken with discriminatory intent.

Workplace discrimination can occur in many ways, including:

  • Basing promotions and other job-related benefits on employees’ legally protected personal qualities.
  • Firing employees on the basis of their personal qualities. This type of discrimination often leads to wrongful termination cases.
  • Direct discrimination, such as only accepting job applications from certain types of people, only hiring certain types of people, or clearly demonstrating a preference for certain employees based on their personal qualities.
  • Indirect discrimination, which usually involves showing preferential treatment to certain employees due to their personal qualities, even if adverse actions are not taken against other employees.
  • Creating a hostile work environment for an employee based on their personal qualities. If an employer has made it exceedingly difficult or impossible for the employee to complete their job duties, this results in a hostile work environment.

Whatever type of workplace discrimination you experienced, you need to consult an Orange County workplace discrimination attorney as soon as possible who can help you determine the truth of the situation. Your legal team can gather the evidence you may need to make your case and guide you through the process of filing your complaint with the EEOC.

It is important to note that, if you are worried about facing adverse treatment from your employer after filing an EEOC complaint, any such actions will work against your employer. It is illegal for any employer to retaliate against an employee’s legally protected action, and filing an EEOC complaint in good faith is legally protected in the U.S.

How Do I Sue a Company for Workplace Discrimination in California?

If you have experienced any form of workplace discrimination in California, you have the right to pursue legal recourse against your employer. You may even have the right to claim compensation if the discrimination in question caused economic harm, emotional distress, and other damages. However, before you can file a civil claim against an employer directly, you must submit a complaint to the EEOC.

The EEOC is charged with enforcement of all U.S. anti-discrimination and anti-harassment laws, and they are required to investigate all allegations of workplace discrimination in the U.S. Your Orange County workplace discrimination attorney can help you file your complaint with the EEOC, and you have 180 days from the date the discrimination occurred to file the claim. The agency has a time limit of 180 days to respond.

What Happens After I File an EEOC Complaint?

Once the EEOC receives your complaint, they will launch an investigation. This typically includes a series of interviews with both the claimant and the employer. Any employer can face severe legal penalties if they do not comply with an EEOC investigation, and employers may not retaliate against employees who file EEOC complaints for discrimination in good faith.

Your Orange County workplace discrimination attorney can field correspondence from the EEOC and guide you through their investigation process. If the EEOC investigates your case and determines that you did indeed experience unlawful discrimination, they will issue a Notice of Right to Sue, which will allow you to proceed with direct civil action against your employer. It is also possible for the EEOC to initiate legal proceedings against employers in some cases.

Claiming Compensation for Workplace Discrimination in Orange County

Once you have the support of the EEOC behind your case, you can proceed with a civil claim against the employer who discriminated against you. The purpose of this civil claim is to hold them accountable for any damages you may have suffered, and the EEOC may impose specific penalties based on the type of discrimination that occurred.

The EEOC may require the defendant in your case to:

  • Amend unlawful workplace rules.
  • Implement new anti-discrimination measures.
  • Pay civil penalties.

It may even recommend criminal charges, which can lead to very heavy fines and other penalties. A company that has been revealed to have been discriminatory will also suffer harm to its public reputation.

The damages that you could potentially claim from a successful discrimination case will largely depend on the specific details of the harm you suffered. For example, if you were unlawfully terminated on a discriminatory basis, you could have grounds to seek back pay for lost income that should have been paid. Your attorney may also seek compensation for the value of lost benefits, including related medical expenses that employer-provided health insurance should have covered.

What Kind of Economic Damages Result From Discrimination Cases?

Other economic damages you may be able to recover include travel expenses and the cost of new job searches. You may be able to claim compensation for the cost of bringing your action as well, meaning that the defendant will be responsible for your attorneys’ fees. It’s also possible for a plaintiff in a workplace discrimination case to have grounds to claim compensation for the emotional distress they experienced.

Punitive damages can be awarded at a judge’s discretion. The amount the defendant pays in punitive damages typically hinges on their overall financial status and the severity of the discrimination in question. You could be eligible to claim more compensation than you might expect, and an Orange County workplace discrimination attorney is your most valuable asset for maximizing your case award as much as the law allows.

What to Expect From Your Orange County Workplace Discrimination Attorney

Aitken Campbell Heikaus Weaver, LLP, takes time to listen to each client’s unique story. We know how challenging it can be to prove that a recent experience at work qualifies as workplace discrimination, but we have the resources and experience needed to navigate the toughest employment cases in Orange County.

When you choose our attorneys as your legal advocates, we can immediately begin searching for the evidence you will need to make your case. This process will differ for every claimant, and we develop individualized legal strategies for all clients we represent. Once you are ready to file your EEOC complaint, we can guide you through this process and handle any interactions with the EEOC as their investigation unfolds.

Aitken Campbell Heikaus Weaver, LLP: Orange County Workplace Discrimination Lawyers

Once you are able to file your civil claim against an employer for workplace discrimination, we can seek the maximum compensation possible. Most employees who have experienced workplace discrimination are unaware of the full scope of the damages available to them in these cases. With our team’s assistance, you may be able to secure:

  • Reinstatement to a previously held position
  • Backpay for lost income and benefits
  • Additional compensation for the emotional distress that you suffered from the discrimination in question

You have a limited time in which to file your discrimination complaint with the EEOC, and the right attorney on your side can make this process much easier to complete. Aitken Campbell Heikaus Weaver, LLP, can provide comprehensive legal counsel for every aspect of your workplace discrimination claim. Contact us today to schedule your consultation with our team and learn more about the legal services we provide to Orange County clients.

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