Both California and the federal government have passed laws that prohibiting discrimination on the basis of particular protected characteristics. Under state and Federal law, both private and public employers in Monterey County can be found liable for discrimination, depending on what type of trait originally prompted the discrimination.
How Does Employment Discrimination Occur?
Employment discrimination occurs when an employer treats you wrongly because of your membership in a legally protected class. Traits that employers can not use to evaluate you include race, national origin, gender, religion and familial status. Plaintiffs in Monterey County, California are required to show that their employer treated them unfairly due to their protected status in order to prevail on an employment discrimination claim.
How can Employment Discrimination be Proven in California?
This is shown 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 understand to be biased. Furthermore, employers are in clear violation of the law when they fire someone or retaliate against them because they filed a discrimination lawsuit.
Procedures for filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Monterey County, California attorney can help you file on time, as well as pursue any further remedies that may be available to you while your case is pending.