How To: Sue My Employer For Discrimination

If you believe you have experienced workplace discrimination by your employer, you may be able to file a workplace discrimination lawsuit to recover damages for your discrimination case. Employment discrimination occurs when an employer takes adverse action against an employee or job applicants based on protected characteristics such as race, color, gender identity, national origin, sexual orientation, religion, age, disability, or other factors protected by law. Employees are protected by anti-discrimination laws under California employment law.

Here’s what to consider when deciding whether or not to sue your employer for workplace discrimination:

1. Document the Workplace Discrimination:
   • Make a note of when the workplace discrimination occurs
   • Gather and document any evidence related to the discrimination, including emails, memos, performance evaluations, witness statements, and other relevant documents that could support a discrimination claim.
2. File a Charge of Discrimination:
   • Before you file a lawsuit, you typically need to file a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) or a state fair employment practices agency. This is a prerequisite in most cases to filing a discrimination lawsuit. The charge must be filed within a certain time frame after the discrimination occurs.
3. Receive Right-to-Sue Notice:
   • After filing a charge of discrimination with the EEOC or state agency, you may receive a right-to-sue notice, which gives you permission to file a lawsuit in court.
4. Consult with an Employment Law Attorney:
   • It’s a very good idea to speak to an experienced employment lawyer who specializes in discrimination law. Whether it was national origin discrimination, age discrimination, or sexual harassment, a discrimination lawyer can assess your case, advise you on your legal rights, and guide you through the process of filing a discrimination lawsuit. The lawyers at Lawyers for Justice, PC offer FREE consultations and can help California employees get what they deserve.
5. File a Discrimination Lawsuit:
   • If you receive a right-to-sue notice and decide to pursue legal action, a workplace discrimination lawyer can help you prepare, and file, a discrimination lawsuit.

Being Treated Unfairly At Work

Being treated unfairly at work can take various forms and could be a sign of workplace discrimination. There are such laws like the Genetic Information Nondiscrimination Act, the Disabilities Act, and Equal Pay Act that were enacted to ensure that each job applicant and employee is treated the equally, and fairly, despite their genetic information, race, color, religion, sex, national origin, or another protected characteristic.

If employees believe they experienced discrimination, they can file a complaint and potentially sue their employer for discrimination with the help of an employment lawyer. The discrimination lawyers at Lawyers for Justice, PC can help clients file a lawsuit.

Examples of Being Treated Unfairly at Work

1. Blatant Discrimination:
   • If there is obvious discrimination based on protected characteristics such as race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, or pregnancy, employers can be held accountable. This can include unequal treatment in hiring, promotions, pay, or disciplinary actions.
2. Harassment:
   • Harassment based on protected characteristics, including verbal, physical, or visual conduct that creates a hostile or offensive work environment. This can include sexual harassment, bullying, or discriminatory remarks or actions.
3. Unequal Pay:
   • Pay disparities based on factors such as gender, race, or other protected characteristics, where employees are paid differently for performing similar work.
4. Retaliation:
   • If employers retaliate against employees for reporting discrimination or harassment, participating in investigations, or exercising their rights under employment laws, the employee may be able to file a lawsuit for discrimination.
5. Unfair Discipline or Termination:
   • Disciplinary actions or termination of employment that are disproportionate or unjustified, or based on factors unrelated to job performance can be held accountable.
6. Exclusion or Isolation:
   • Exclusion from meetings, projects, or opportunities for advancement without valid reasons, or isolation from coworkers or management, leading to a lack of professional growth or advancement opportunities.
7. Failure to Accommodate:
   • If a boss fails to provide reasonable accommodations for employees with disabilities as required by law, or refuses to accommodate religious beliefs or practices, employees could be eligible to file a lawsuit for discrimination.
8. Inconsistent Application of Policies:
   • If an employer enforces workplace policies inconsistently or shows favoritism or bias in disciplinary actions or performance evaluations, a worker may have the right to sue.
9. Unrealistic Workloads:
   • Assigning excessive workloads, unrealistic deadlines, or unreasonable expectations that create stress, burnout, or compromise work-life balance can result in a discrimination lawsuit.
10. Cultural Insensitivity:
    • If a workplace culture is fostered that is insensitive to cultural differences and leads to exclusion, marginalization, or discrimination against certain groups of employees, a discrimination lawsuit could be filed.

This is not an exhaustive list. For more information on filing a discrimination lawsuit, call Lawyers for Justice, PC at: (844) 568-1702.

How To Sue Employer For Discrimination – FAQ

can you sue a job for discrimination? Yes, both job applicants and employees can sue for discrimination. It’s advisable to have an employment attorney assist in the discrimination lawsuit process.

how long does an employment discrimination lawsuit take? Each discrimination lawsuit varies in scope, and therefore, timelines are different for each case. Call (844) 568-1702 for a FREE consultation to see how our employment lawyers can help.