Both California and the federal government have passed laws that prohibiting discrimination on the basis of certain protected characteristics. Under state and Federal law, both private and public employers in Encinitas may be found liable for discrimination, depending on what type of trait originally prompted the discrimination.
How Does Employment Discrimination Occur?
Employment discrimination occurs if an employer treats you wrongly because of your membership in a legally protected category. Traits that employers may not use to evaluate you include race, national origin, gender, religion and familial status. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to prevail on a discrimination claim in Encinitas, California.
How can Employment Discrimination be Proven in California?
This is demonstrated upon finding a prior history of similar treatment of members of the same class, or upon testimony regarding the employer's statements that a reasonable person would hold to be biased. Additionally, employers who fire someone or retaliate against them for bringing a discrimination lawsuit are clearly in violation of the law.
Employment discrimination claims have complicated filing procedures, because they involve pursuing the claim with specific agencies. Encinitas, California has many lawyers available to assist you in filing in a timely fashion, and they can also help you pursue any remedies that might be available to you while your case is being processed.