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 San Jose 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. Employers can not base their evaluations of you on particular traits including religion, race, age, gender, national origin, and familial status. The plaintiff must prove that their employer intended to treat them unfairly because of their protected status in order to succeed on a discrimination claim in San Jose, California.
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 particular 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 filing an employment discrimination claim are complicated, because they involve filing the claim with the corresponding agency. An attorney in San Jose, California can help you in filing on time, as well as pursuing other remedies that are available to you while your claim is pending.