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 Oakland 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. Employers may not base their evaluations of you on particular traits including religion, race, age, gender, national origin, and familial status. In order for a claim of employment discrimination to be proven, an Oakland, California plaintiff must show that his (or her) employer actively intended to treat him differently because of his 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. Additionally, employers may be held liable for firing someone or retaliating against them because they brought a discrimination lawsuit.
Procedures for pursuing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An Oakland, California lawyer can help you file in a timely manner, and while your case is pending, they can assist you in pursuing any available remedies.