Both California and the federal government have passed laws that prohibiting discrimination on the basis of specific protected characteristics. Under state and Federal law, both private and public employers in Santa Clara 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 specific 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 prevail on a discrimination claim in Santa Clara, California.
How can Employment Discrimination be Proven in California?
This will be proven if the employer in question has treated others of the same class in a similar manner. It may also be shown when there is testimony regarding specific employer statements that a reasonable person would define as biased. Moreover, an employer who fires someone or otherwise retaliates because of a discrimination lawsuit is in clear violation of the law.
Pursuing an employment discrimination claim can often be complicated, because they involve filing your claim with specific agencies. A Santa Clara, 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.