Orange County Employment Discrimination Lawyer
Discrimination can arise at any point during an employment experience – from the recruitment and hiring processes to work assignments, conditions and beyond. Regardless of when and how it occurs, workplace discrimination can be psychologically, professionally and financially damaging.
Knowing your rights as an employee, however, can empower you take the right action to fight back and hold employers responsible for the harm you’ve suffered as a result of their discriminatory policies or actions.
Orange County Discrimination Attorney Marc Phelps is focused on protecting his clients’ rights and helping them obtain justice when they’ve been the targets of workplace discrimination. Skilled at going up against employers and holding them accountable, Marc is ready to discuss your situation and explain your legal options during a free case evaluation.
Simply call (949) 629-2533 or email our firm today to find out how Marc can help you pursue justice and compensation if you’ve been subjected to any form of employment discrimination.
Employment Discrimination Examples: What Qualifies as Workplace Discrimination?
Employment or workplace discrimination can take many different forms. In general, however, employment discrimination occurs whenever an employer treats an employee unfairly or adversely due to that employee’s personal and/or physical traits, such as by:
- Refusing to hire a qualified employee
- Overlooking the employee for benefits, raises and/or promotions
- Demoting, firing or laying off the employee.
The following highlights some of the most common forms of workplace discrimination.
Employers are not legally permitted to treat workers who are 40 or older unfairly or differently because of their age. It’s important to note that age discrimination laws are focused on protecting older workers. These laws do not currently pertain to workers younger than 40.
In other words, an employee who is 39 or younger will not be able to claim age discrimination under the current laws.
The laws prohibiting workplace disability discrimination prohibit employers from discriminating against workers who have (or who are thought to have) a mental or physical disability.
The laws also require employers to make “reasonable accommodations” to help disabled employees perform their jobs. Reasonable accommodations can include anything from providing extra equipment (like ramps or software) to accommodating special schedules (to allow for medical treatments).
Gender is another protected characteristic under state and federal anti-discrimination laws. This effectively means that employers are prohibited from taking any adverse action against employees because of their gender. Transgender employees are also protected under these laws.
It’s illegal for employers to mistreat and/or discriminate against employees due to their sexual preferences. Tragically, it’s not uncommon for this form of workplace discrimination to also involve harassment or creating a hostile work environment for the victims or subjects of it.
Women who are pregnant or who have recently given birth are also protected against workplace discrimination. These protections also prohibit employers from discriminating against women who are living with any pregnancy-related medical condition (such as post-partum depression, for example).
National origin, race, ethnicity and skin color are protected characteristics under both state and federal laws. This means that employers are not legally allowed to take adverse employment actions against workers due to these personal features.
It also means that employers are prohibited from treating workers with bias due to specific racial features (like, for instance, hair texture) or due to their interracial relationships (like having a spouse or child of a mixed or different race, for example).
Employers are banned from adversely treating employees based on their religious preferences, beliefs and/or practices (including if those beliefs involve atheism – i.e., an absence of religious beliefs).
Protections against religious discrimination in the workplace also require employers to provide “reasonable accommodations” to allow employees to practice their religion. This can include, for instance, letting employees take time off to honor their religious holidays or observance days.
Discrimination for Use of Protected Leave Time
In addition to protecting specific personal characteristics, anti-discrimination laws also protect employees’ rights to take leave time under the federal Family & Medical Leave Act (FMLA).
This means that it’s illegal for an employer to fire an employee who takes FMLA leave to have a child, treat a serious health condition or care for an immediate family member suffering from a serious health condition.
What to Do about Employment Discrimination: Contact Orange County Employment & Discrimination Attorney Marc Phelps
Have you been treated differently or unfairly by an employer due to your personal traits or because you’ve exercised a protected right? Do you question whether you’ve been the target of workplace discrimination?
If so, it’s time to call Orange County Employment & Discrimination Attorney Marc Phelps at (949) 629-2533 to learn more about your rights and options for justice. You can also email him and receive his response within 30 minutes.
Marc has been practicing employment law throughout California for well over a decade. Knowledgeable about how employers defend themselves against discrimination claims, Marc brings a keen understanding and powerful insight to every case he handles. He understands how to best represent his clients, advocate their rights and obtain the best outcomes to workplace discrimination cases.
Let him put his skills, experience and knowledge to work helping you fight for justice.
From offices in Newport Beach, Marc provides the highest quality representation and service to people throughout Orange County and the state of California.