Proving workplace discrimination in California is not an easy task. It can also be stressful, frustrating, and complicated for you as the victim. Whether you have been discriminated against based on your age, gender, or race, you should know that there are workplace retaliation laws to protect you from wrongful termination and other acts of employer retaliation if you report discriminatory activity.
The first and most important step in proving workplace discrimination is to hire an experienced Irvine workplace discrimination attorney. You and your attorney will then need to present the following evidence to prove your case:
- You have been treated unjustly based on one of your protected characteristics.
Protected characteristics, such as age, race, gender, religion, national origin, and disability, are traits that employers cannot discriminate against. For example, as a female, you are part of a member of a protected class. Individuals in a protected class should not be treated any differently than someone who is not a member of that class. You are legally “protected” from discrimination simply based on the fact that you are a female.
- You are qualified, capable, and honest and performed your job well.
This is one of the most difficult things you need to prove in workplace discrimination cases. Your employer will do everything to criticize your performance as justification for the action that was taken. Employers are typically wise enough to know that they need to have sufficient criticism of your performance to protect themselves against lawsuits.
This makes it even more important to keep a record of your hard work, which can be done in several different ways:
- Keep track of the details of your assignments
- Provide copies of your prior appraisals that show your high ratings
- Use letters of commendation
- Keep copies of your hard work to show the quality of your work
– The discriminatory acts negatively impacted your job.
Even though you were qualified for the position, your employer made an adverse decision against you. This can include:
- Being discharged or demoted
- Receiving a bad performance review
- Not getting a raise you deserved
- Not receiving a bonus that you deserved
- Being transferred to a lesser job
– Pattern of unfair treatment at work.
To prove a pattern of unfair treatment at work, you should compare your work, conduct and treatment to that of those outside your protected class when possible. You and your Irvine workplace discrimination attorney should provide proof that others of similar qualifications have been provided with better opportunities, projects, and better overall treatment.
About Law Offices of Samer Habbas, PC
The Irvine employment law attorneys at Law Offices of Samer Habbas, PC have devoted decades to assisting and guiding employees to get the justice and monetary compensation they are entitled to for workplace discrimination. The legal team has been protecting the rights of Irvine employees since 2007. They handle all different types of employment law issues that have encroached upon the rights of employees.
Discriminated at Work? Call Us.
If you or someone you care about has been discriminated against at work, you need to hire an experienced Irvine employment law attorney to protect your legal rights and get you the full extent of the compensation that you deserve.
For more information or to schedule a complimentary consultation with an experienced attorney, call the Law Offices of Samer Habbas at (888) 848-5084.
