It is an unfortunate reality that many employees in San Diego have or will experience some type of unlawful discrimination in the workplace. These incidents can be traumatic for those who suffer them. Fortunately, California’s strong anti-discrimination laws offer many protections to workers and avenues through which victims of discrimination can fight back.
If you have experienced discrimination, harassment, or retaliation at work in San Diego County, contact Fairchild Employment Law for a free strategic consultation. We will listen to your story, assess your case, and help you understand your legal options. Our employment attorneys are passionate about vindicating the rights of wronged workers in San Diego.
Why Choose Us?
- We always put our clients first. We understand how overwhelming it can be to go up against an employer or powerful corporation with a discrimination claim. We will support you through this process with compassion, clear communication, and personalized legal services.
- Our deep understanding of employer defense tactics gives us an edge. Our founder and lead attorney spent 15 years as a defense attorney for employers, giving her a unique advantage while fighting a discrimination claim for you.
- We make a difficult situation more manageable with affordable legal fees. Our discrimination attorneys operate on a contingency fee basis, meaning you won’t pay us anything unless your case is resolved and results in financial compensation for you.
How an Employment Law Attorney in San Diego Can Help
Facing discrimination in the workplace in San Diego can have major ramifications on your career, finances, and mental health. The most effective way to protect your rights is by hiring an experienced employment law attorney to represent you. A lawyer can navigate your case from start to settlement, providing help and advice at each stage.
At Fairchild Employment Law, we will start with a free consultation, where we will review your employment history and the details of the discriminatory incident or action. We will ask you questions and assess your case to determine if we are a good fit. Then, we will draw on our years of experience to find the best path forward for you and your goals.
As your discrimination lawyers, we will be in your corner. We will dive into the legal side of your case, taking care of communications with your employer, filing a complaint or insurance claim, or bringing your case to court, if necessary. We can represent you in and out of the courtroom to hold your employer accountable for discrimination.
What is Workplace Discrimination?
Workplace or employment discrimination refers to an employee being treated differently, unfairly, or less favorably for a reason connected to a protected class or characteristic. It can refer to workplace harassment by employers or coworkers, unfair or adverse employment actions, improper or inappropriate questions, or retaliation for complaining about job discrimination.
What Are Protected Classes?
Protected classes – also known as protected traits or characteristics – are listed in the California Fair Employment and Housing Act (FEHA). They include:
- Race or color
- National origin
- Ancestry
- Sex, gender, or gender expression
- Sexual orientation
- Religion
- Physical or mental disability
- Medical condition
- Genetic information
- Age
- Marital status
- Pregnancy or reproductive health decision-making
- Military or veteran status
State and federal law both expressly prohibit conduct that is discriminatory against these protected characteristics in the workplace.
Examples of Discrimination in the San Diego Workplace
Employment discrimination can take many shapes and forms. Any type of unfair or adverse treatment in the workplace because of a protected characteristic can constitute unlawful discrimination. This includes:
- Refusing to hire you
- Promoting someone over you
- Assigning better pay or job assignments to someone else
- Unequal pay or treatment compared to coworkers doing the same job
- Replacing you with a younger, less experienced employee
- Demoting you without reason
- Giving you a worse schedule
- Terminating your employment
- Creating a hostile work environment
- Insulting you or being derogatory
- Making inappropriate or offensive jokes
- Making unwanted sexual advances
- Failing to reasonably accommodate a disability or religious practice
- Retaliating or punishing you for opposing discrimination
Discrimination often goes together with harassment. Harassment can come from your employer, a manager or supervisor, or a coworker. It can be physical, verbal, or psychological.
What You Can Do as a Victim of Workplace Discrimination in San Diego
If you are suffering from discriminatory behavior at your job in San Diego, you have legal rights. You do not have to accept workplace discrimination, harassment, or retaliation. Take the following steps to regain your power and hold your employer accountable:
- Document evidence of discrimination. Write down each incident that you can remember, including the date, time, location, and the names of everyone involved (including witnesses). Keep any relevant emails, messages, or texts from the offender.
- Obtain employment documents. Records related to your job, such as your schedule, performance reviews, disciplinary actions taken against you, or termination notices, can help build your case.
- File a complaint. Start by going to the Human Resources department within the organization. Submit your complaint in writing. If your employer ignores or dismisses your case or retaliates against you, file a formal complaint with the California Civil Rights Department.
The next step is to consult with a San Diego discrimination lawyer at Fairchild Employment Law. We will evaluate your case and identify your options in terms of legal recourse. You may be entitled to remedies such as lost wages, backpay, compensation for emotional distress, legal fees, punitive damages, and job reinstatement or promotion, depending on your case.
Your Rights in the Face of Discrimination or Retaliation
Under California’s anti-discrimination laws, you have the right to file a claim seeking a financial settlement from your employer in the face of discrimination or harassment. You are also legally protected from retaliation or adverse employment actions taken against you for reporting or complaining about discrimination. If you have suffered retaliation, our attorneys can help you file an additional claim to seek further financial damages.
Contact Our San Diego Discrimination Attorneys for a Free Consultation
Being discriminated against at work in San Diego can be incredibly stressful and demoralizing. However, take heart in the fact that discrimination is against California law. You have many legal protections afforded to you as an employee. As your legal team, Fairchild Employment Law will fight by your side to hold your employer accountable and achieve the justice for you. Contact us today to get started with a free initial case review.