Employment Discrimination Lawyer San Diego

California Employment Law Lawyer | San Diego Employment Law

If you feel you’ve been the victim of workplace discrimination in San Diego, Riverside, San Bernardino or Imperial County, the Gomez Firm has the experience and expertise to help you with your case. San Diego employment discrimination attorney John Gomez has abundant experience practicing in labor and employment law and has dedicated himself to helping ordinary people get the results they deserve. Our firm offers a free, no obligation consultation to discuss your case. In addition we take our employment discrimination cases on a contingency basis, meaning you pay nothing unless we win your case.

CALIFORNIA EMPLOYMENT DISCRIMINATION INFORMATION

California laws state that individuals may not be discriminated against by their employers on the basis of age, ancestry, color, race, disability, national origin, medical condition, religion, sex, or sexual orientation. Unfortunately, this law is not always followed by employers. In 2004, nearly 80, 000 employment discrimination charges were filed with the Equal Employment Opportunity Commission (EEOC). The majority of those charges filed involved racial discrimination (35%) and sexual discrimination (30%). As the numbers show, discrimination in the workplace is still a major issue. However, laws are in place to protect people from unfair discrimination practices. Examples of employment discrimination include:

  • Failure or refusal to interview or hire qualified women because they are pregnant.
  • Dismissal of a minority employee for missing work, yet other non-minority employees who are absent are not fired.
  • Paying minorities less than non-minorities for the same work.
  • Retaliation against employees who complain or file a discrimination complaint.
  • Failure to provide access to facilities that enable a person with a disability to carry out a job for which they are qualified.

EMPLOYMENT DISCRIMINATION LAWS

Title VII

Title VII of the Civil Rights Act of 1964 prohibits an employer with fifteen or more employees from discriminating on the basis of race, national origin, gender, or religion. The law prohibits employers from taking the following actions:

  • Refusing to hire due to race, origin, gender or religion
  • Discipline due to race, origin, gender or religion
  • Firing someone due to race, origin, gender or religion
  • Denying training due to race, origin, gender or religion
  • Failing to promote due to race, origin, gender or religion
  • Paying less or demotion due to race, origin, gender or religion
  • Harassment due to race, origin, gender or religion

AGE DISCRIMINATION IN EMPLOYMENT ACT

The Age Discrimination in Employment Act (ADEA) prohibits employers from discriminating on the basis of age for any person over the age of 40 by any employer with over 20 employees.

AMERICANS WITH DISABILITIES ACT & REHABILITATION ACT

The Americans with Disabilities Act (ADA) was enacted to prevent discrimination against individuals with handicaps. It prohibits discrimination based on a physical or mental handicap by employers with more 15 employees. The Rehabilitation Act applies to all governnment entities and federal contractiors.

EQUAL PAY DISCRIMINATION

Requires an employer who is already subject to the Fair Labor Standards Act (the federal wage and hour law) to provide equal pay to men and women performing “equal work”.

NATIONAL ORIGIN DISCRIMINATION

The Immigration Reform and Control Act bars employers with more than three employees from discriminating against a U.S. citizen (or an intended citizen like someone who may work legally but is not yet a citizen) on the basis of his or her national origin.

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