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 Gilroy 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. To prove employment discrimination in Gilroy, California, the plaintiff needs to be able to show that the employer's intent to treat them unfairly was motivated by their protected status.

How can Employment Discrimination be Proven in California?

This can be shown if the employer has a history of mistreating people of the same status, or if individuals testify regarding the employer's specific statements that a reasonable person would conclude are biased. Furthermore, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.

Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. Gilroy, 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.