Stockton Employment Discrimination Attorneys

What Is Employment Discrimination?

California and federal law prohibit employers from discriminating against employees on the basis of certain protected characteristics. Employers are also prohibited from retaliating against employees who report instances of discrimination or who participate in investigations of discrimination.

Protected characteristics under California and federal law include:

• Race
• Color
• Sex (including pregnancy)
• Gender identity
• Sexual orientation
• Marital status
• Religion
• National origin
• Disability
• Age (40 and older)
• Citizenship status
• Military or veteran status
• Genetic information
• Medical condition
• Political activities or affiliations

It is also illegal for an employer to discriminate against an employee because they have one of these characteristics, or because they are married to or associated with someone who has one of these characteristics.

What Is a Hostile Work Environment?

A hostile work environment is a workplace that is permeated with discriminatory intimidation, ridicule, and insult that is sufficiently severe or pervasive to alter the conditions of the victim’s employment and create an abusive working environment. A hostile work environment can arise from a single incident, or it can be the result of a series of incidents.

Not all workplace conduct that may be offensive or inappropriate will create a hostile work environment under the law. The law does not protect employees from occasional or isolated incidents of abusive conduct, and it does not protect employees from simple teasing, offhand comments, or isolated incidents that are not serious.

However, if a supervisor, coworker, or client creates a hostile work environment by subjecting an employee to unwelcome conduct that is based on their protected characteristic, the employee may have a valid claim for hostile work environment discrimination.

How Can I Prove Employment Discrimination?

Employment discrimination can be proven through direct or indirect evidence. 

Direct evidence is evidence that proves the existence of discrimination without the need for any inference. In other words, direct evidence is evidence that directly links the employer’s discriminatory animus to the employer’s adverse employment action. Direct evidence can include discriminatory comments, emails, or other documents that show an employer’s discriminatory motive.

Indirect evidence is evidence that does not directly prove the existence of discrimination, but that can be used to infer that discrimination occurred. Indirect evidence is usually proven through the “burden-shifting” method. Under the burden-shifting method, the employee first has the burden to establish a prima facie case of discrimination.

If the employee is able to establish a prima facie case, the burden of production then shifts to the employer to articulate a legitimate, non-discriminatory reason for the adverse employment action. If the employer does so, then the burden shifts back to the employee to prove that the employer’s stated reason is pretextual and that the true reason for the adverse employment action was discrimination.

What Are Legitimate Reasons for Adverse Employment Action?

An employer’s stated reason for an adverse employment action must be a legitimate, non-discriminatory reason. A legitimate, non-discriminatory reason is a reason that is not motivated by the employee’s protected characteristic. A legitimate, non-discriminatory reason can be any reason that is job-related and not based on the employee’s protected characteristic. Common examples of legitimate, non-discriminatory reasons include poor job performance, poor attendance, and a violation of company policy.

Remedies for Employment Discrimination

The remedies for employment discrimination depend on the type of claim and the type of discrimination.

Generally, the remedies for employment discrimination can include:

• Back pay 
• Front pay
• Reinstatement
• Promotion
• Compensatory damages
• Punitive damages
• Attorney’s fees and costs

Compensatory damages are damages that are intended to compensate the employee for their emotional distress. Punitive damages are damages that are intended to punish the employer for their wrongful conduct.

Can I Be Fired for Reporting Discrimination?

No. It is illegal for an employer to retaliate against an employee who reports instances of discrimination, or who participates in investigations of discrimination. If an employer retaliates against an employee for reporting discrimination, the employee may be entitled to compensation.

Why Do I Need a Stockton Discrimination Lawyer?

Employment discrimination claims can be difficult to prove. To prove a claim for employment discrimination, an employee must be able to prove that an employer’s adverse employment action was motivated by the employee’s protected characteristic. 

Proving that an employer’s adverse employment action was motivated by the employee’s protected characteristic can be difficult because employers rarely admit that they were motivated by an employee’s protected characteristic. In most cases, an employee must rely on indirect evidence to prove a claim of employment discrimination.

An experienced discrimination attorney in Stockton can help. 

At Polaris Law Group, we have the knowledge, skills, and resources that are necessary to prove a claim for employment discrimination. We can help you gather the evidence that you need to prove your claim, and we can help you present your claim in the most favorable light. Our Stockton discrimination lawyers can ensure that your rights are protected throughout the entire process.

Call (888) 796-4010 to learn more about your rights.