Eisenberg Law Group

Discrimination
Lawyer

Los Angeles Employment Discrimination Lawyers

Title VII of the 1964 Civil Rights Act is the federal law pertaining to employment discrimination.  In the Golden State, employment discrimination is governed by California’s Fair Employment and Housing Act or FEHA for short.  Below, we provide an in-depth look at how employment discrimination lawsuits are brought under these state and federal laws.

Parties Eligible to Bring Discrimination Claims

California’s FEHA bars practices that qualify as discriminatory employment.  Such practices toward any individual are barred.  This means it does not matter if the individual who is discriminated against is a full-time employee, part-time employee, former employee, applicant or intern. 

Federal law states financial compensation is considered an “essential condition” of the relationship between employers and employees.  Therefore, in the context of federal law, only those who are classified as employees and those classified as applicants are empowered to bring a discrimination claim under Title VII.

An Explanation of Discrimination

FEHA states employers are prohibited from taking adverse actions against protected individuals based on that person’s:

  • Sex
  • Sexual orientation
  • Gender identity
  • Gender expression
  • Marital status
  • Race
  • Color
  • Ancestry
  • National origin
  • Religious creed including grooming practices related to religion and religious dress
  • Medical condition
  • Disability (mental or physical)
  • Genetic information
  • Age (if 40+ years of age)
  • Status as a member of the military or as a veteran
  • Pregnancy, breastfeeding, childbirth or a related medical condition

California’s FEHA bars the employment practices listed above.  It should also be noted that the following groups are all barred from engaging in discriminatory actions:

  • Employers
  • Employment agencies
  • Labor organizations
  • Apprenticeship programs and training programs that lead to employment or an internship

In the context of federal law, the aforementioned Title VII bars employers from discriminating against protected workers based on:

  • Sex
  • Color
  • Race
  • National Origin
  • Religion

The following conduct pertaining to employment terms and conditions is unlawful:

  • Refusing or failing to hire
  • Refusing or failing to refer for employment
  • Discharge
  • Discrimination in another manner in regard to financial compensation, privileges of employment, terms and conditions

Our Attorneys are Here to Help You Determine Whether a State or Federal Claim is Best

An individual filing a claim for employment discrimination can sue under FEHA or Title VII.  California state claims are called FEHA claims.  Claims under federal law are called Title VII claims. 

More protection and relief are provided under FEHA.  FEHA claims open the door for unlimited compensation as well as punitive damages.  Title VII limits the damages that can be recovered.  FEHA claims have additional advantages.  As an example, the individual making the claim, known as the Plaintiff, is required to secure a unanimous jury verdict in federal court.  This means all jurors have to vote in the Plaintiff’s favor in order for him or her to emerge victorious. 

Alternatively, in FEHA claims, the Plaintiff can win his or her case with the votes of merely 9 of 12 jurors.  As a result, attorneys often advise the individual bringing the claim to move forward under FEHA in state court.  Our employment discrimination attorneys in Los Angeles are here to help you determine whether proceeding under FEHA or Title VII is best for your particular situation.

How to Prove the Discrimination

Employers rarely admit their actions were discriminatory.  This is precisely why it is so important that you lean on a Los Angeles employment discrimination attorney with experience, a strong work ethic and the willingness to investigate the specifics of your case.  In some cases, asking the proper questions really does have the potential to make the difference between obtaining the evidence necessary to win an employment discrimination lawsuit and losing the suit.  However, a surprising number of attorneys take on more cases than they can handle or are simply lazy to the point that they do not ask the proper questions (or as many questions) as they should. 

As an example, the best employment discrimination attorneys in Los Angeles start taking depositions of other employees right away to determine if those individuals have knowledge of the employer’s discriminatory practices. The best employment discrimination attorneys also analyze hiring and firing performed by the employer prior to his or her client’s discrimination and also after the discrimination. 

For example, consider a situation in which the employer hired another person for the job that you were not hired for without sufficient reason.  This finding can serve as quite the valuable circumstantial evidence.  Such evidence shows the employer did not tell the truth about the reason for denying employment.  This is just one example of the lengths to which our Los Angeles employment discrimination attorneys go yet other attorneys often avoid simply because it requires additional work and time. 

Our legal team will exhaust all possible avenues to identify evidence of discrimination.  If the employer acted in a discriminatory manner more than once, it will likely qualify as a pattern of discrimination that the court considers when determining if the employer is guilty and subsequently owes financial compensation to the Plaintiff. 

To further illustrate this point, consider a situation in which an employer interviewed several applicants of the same gender or race and rejected each only to hire someone with the opposite gender or race.  Such actions provide the evidence necessary to prove a pattern of discrimination.  If this is the case, the employer’s motives must be further scrutinized.  Our legal team is here to do the work on your behalf and ultimately help you emerge victorious.

Schedule an Appointment With Our Employment Discrimination Attorneys in Los Angeles

If you believe you have been discriminated against by an employer, reach out to our Los Angeles employment discrimination attorneys right away.  We provide no-cost, no-obligation consultations.  Everything you tell us during and after your initial consultation will remain completely confidential.  Our legal team is here to help you determine if you have a valid legal claim and fiercely advocate for financial compensation on your behalf.  Even if you suspect your current or former employer discriminated against your coworkers, our legal team will be more than happy to hear from you. 

Reach out to us today at 818-591-8058 or Office@gcelaw.com to schedule a free consultation where we will review your case and determine if you have the legal footing necessary for a successful employment discrimination lawsuit.  You can also fill out our online contact form to coordinate a free case review.

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