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 Napa 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. Plaintiffs in Napa, California are required to prove that their employer treated them unfairly due to their protected status in order to succeed on an employment discrimination claim.
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, an employer violates the law if they terminate a person's employment or otherwise retaliate in response to a discrimination lawsuit filed against them.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Napa, California attorney can help you file on time, as well as pursue any additional remedies that may be available to you while your case is pending.