San Bernardino
Workplace Discrimination Lawyer

In an ideal world, the quality of your work would be the determining factor in your professional success. Unfortunately, other elements often interfere in the real world. Do you suspect that discrimination has infringed on your ability to achieve your professional goals? Discrimination is a genuine problem, but it can be difficult to prove. You’ll need more than suspicion to fight back against this injustice and secure fair compensation; you’ll need the assistance of a skilled San Bernardino workplace discrimination attorney.

The lawyers at Rizio Lipinsky Heiting can help. An award-winning California law firm with a reputation for headline-making settlements, we thrive on protecting the rights of employees by securing victories for victims of workplace discrimination.

What Is Workplace Discrimination?

Workplace discrimination occurs when a job applicant or employee is subjected to unfair treatment because of a factor like their race, skin color, sex, gender, national origin, religion, disability, pregnancy or age. It can happen at any point in an employment relationship, and it can manifest as a refusal to hire, denial of training, a failure to promote, harassment, unfairness in compensation or disciplinary matters, or other inequitable treatment.

It is illegal when a potential or current employer discriminates against you because you are a member of a protected class. A variety of federal and state laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, and the California Fair Employment and Housing Act all offer legal protections against discrimination in the workplace.

Workplace Discrimination Statistics

How common is discrimination in the workplace? What kinds of discrimination are you likely to encounter while on the job? The U.S. Equal Employment Opportunity Commission is an organization tasked with safeguarding the rights of workers by enforcing the relevant federal laws. Its annual report covering the 2017 fiscal year includes several revealing statistics:

• The EEOC received more than 91,500 charges of discrimination during the 2016 fiscal year.
• More than $482 million was secured for victims during this period to resolve claims.
• One out of every three American workers will experience some form of racial discrimination in the workplace.
• Some 32,300 claims involving racial discrimination were filed with the EEOC in 2016. These types of claims made up 35 percent of those received.
• Nearly 30 percent of charges dealt with sex discrimination. Almost 27,000 charges were received.
• With more than 28,000 charges filed, disability discrimination was another common concern. It was involved in over 30 percent of the charges filed with the EEOC.
• More than 20,000 charges of age discrimination were filed, which means that almost 23 percent of charges involved this issue.

Discrimination Versus Harassment

Discussing discrimination and harassment isn’t a matter of comparing apples and oranges; it is more like trying to differentiate between fruit and apples. Discrimination is a wide-ranging issue that comes in a broad array of shapes and sizes. Harassment is one of those shapes. It is unwelcome or offensive conduct that is motivated by a factor like race, age, sex, disability, pregnancy or religion. Sadly, it is just one of the many forms of discrimination that you might encounter in the workplace.

Types of Workplace Discrimination

There are many types of workplace discrimination:

• Racial discrimination. The law is clear. Discriminating against a worker because of their race, skin color or national origin is illegal. Therefore, it is unlawful for an employer to hire only workers of a particular race, apply the company’s disciplinary policy unequally so that people of color are unfairly penalized or pay workers less than their equally qualified peers because of their country of origin.
• Age discrimination. Many employers recognize that experience has value. However, if an employer terminates an older employer or forces one into retirement to fill their position with a younger employee, they are guilty of age discrimination.
• Sex discrimination. Employees of all genders who have equivalent qualifications should receive equal compensation. Paying an employee less or subjecting them to harassing behaviors or a hostile environment because of their sex, gender or sexual orientation can be a form of sex discrimination.
• Disability discrimination. Employers are forbidden from discriminating against people dealing with a disability. For example, an employer is legally required to provide disabled workers with reasonable accommodations like modified workstations or extra unpaid time off as long as doing so does not create an unreasonable hardship for the company.
• Pregnancy discrimination. What if an employer decides to pass over a pregnant employee because a promotion requires travel, and they assume that the employee won’t want to travel with a young family at home? They are not understanding. They are engaging in discrimination. The law requires employers to handle pregnancy like a short-term disability or illness by providing appropriate accommodations without disregarding the employee’s rights.
• Religious discrimination. The practice of religion is a personal choice. By law, employers are forbidden from refusing to hire an applicant because of their religion, imposing differing work requirements on employees of different religions or setting stricter standards for promotion for those who practice a specific religion.

Do I Need to Hire a Workplace Discrimination Lawyer?

Few employers are willing to admit to discriminating against an employee, so building a convincing legal case can be tricky. If you have been the victim of your employer’s discriminatory behavior, seeking out the assistance of a workplace discrimination lawyer is vital. Specific procedures must be followed to preserve your rights. An employment lawyer with experience in these matters can guide you through these processes, help you explore your options, gather any direct evidence of discrimination and accurately document any circumstantial evidence. They can also act as your advocate in negotiations with your employer or in the courtroom if litigation is necessary to secure the compensation that you deserve.

The dedicated professionals at Rizio Lipinsky Heiting are proud to champion the civil rights of all Californians. If you are searching for a San Bernardino workplace discrimination attorney who is capable of facing off against a tough opponent, reach out to us today to request a free consultation.