San Bernardino Employment
Discrimination Attorney

Workplace discrimination is against the law, but this fact does not stop employers from discriminating against employees. If you are a San Bernardino resident, an employment discrimination lawyer can help you get the justice you deserve. When you are discriminated against, you can get a fair resolution and compensation because the law is on your side.

What Is Employment Discrimination?

Discrimination happens when someone is treated differently because of a certain characteristic. Since there are several kinds of discrimination, the federal government has also created different laws for each protected class of worker. If you fall under one of the protected classes, your employer is not allowed to discriminate against you. It is illegal to discriminate against someone based on their disability, race, pregnancy, religion, sex, color, national origin, age, or pregnancy status.

Employment Discrimination Statistics

While it might be illegal to discriminate, discrimination cases are surprisingly common. In 2018, the Equal Employment Opportunity Commission (EEOC) dealt with 76,418 charges of employment discrimination. A total of 32.3 percent of these cases were because of someone’s sex. Another 32.2 percent of the charges were because of racial discrimination. Whether someone lives in San Bernardino or New York City, employment discrimination continues to be a serious issue.

Discrimination Versus Harassment

Many people become confused about the difference between discrimination and harassment. While both problems may occur at the same time, they are technically different things. Harassment happens when someone mistreats another person based on a protected category like their national origin, gender, or race. This may involve making offensive comments or remarks. In essence, the employer makes the workplace a hostile environment in some way. Meanwhile, employment discrimination is when different employees receive different treatment while they do their job because they are part of a protected category.

Types of Employment Discrimination

People are protected from discrimination through federal and state laws. Some varieties of discrimination happen more often than others. No matter what kind of discrimination someone goes through, it is against the law. An employment discrimination attorney can help people figure out the type of discrimination and how to build their case.

Age: This kind of discrimination happens when an employee or an applicant receives worse treatment because of their age. Technically, the Age Discrimination in Employment Act (ADEA) only applies to workers 40 or older, so young employees are only protected if there are state laws in place as well.

Disability: It is against the Americans with Disabilities Act and the Rehabilitation Act to discriminate against someone because of their disability. Unless accommodations would lead to excessive costs or problems, the employer must also provide reasonable accommodations so that the employee can do their work.

Equal Pay/Compensation: The Equal Pay Act says that women and men must receive equal pay when they are doing the same work.

Genetic Information: It is also against the law for employers to discriminate against an applicant or an employee because of their genetic information. The law also restricts employers from buying, asking for, or requiring genetic information.

Harassment: Harassment is a kind of discrimination that involves unwelcome conduct based on factors like religion, age, genetic information, sex, national origin, color, disability, religion, or pregnancy status. It is also against the law for an employer to harass the employee because they have filed discrimination charges.

National Origin: Employers are not allowed to treat someone differently because they are from a certain country or have an accent. Like many types of discrimination, employers are also not allowed to discriminate based on the national origin of the employee’s spouse.

Pregnancy: If someone is pregnant, gives birth, or has a medical condition related to pregnancy, employers are not allowed to discriminate against them.

Race/Color: Racial discrimination happens when someone is treated unfavorably because they look like or possess the characteristics of a certain race.

Religion: This kind of discrimination involves treating someone unfavorably because of their religious, moral, or ethical beliefs.

Retaliation: It is against the law to punish someone for filing a discrimination complaint, cooperating with investigations, or refusing to follow orders that would involve discriminating against someone.

Sex: It is against the law to discriminate against someone because of their gender identity, sexual orientation, sex, or transgender status.

Sexual Harassment: Employers are prohibited from making unwelcome sexual advances, asking for sexual favors or engaging in sexual harassment of any type. This includes harassing someone through offensive remarks about their sex.

Do I Need to Hire an Employment Discrimination Lawyer?

Navigating the legal system can be extremely challenging and complex. An employment discrimination attorney spends years learning how to build a case and try it in a courtroom. They know how to compile evidence, interview witnesses, and obtain a fair resolution.

If you are experiencing employment discrimination, you do not have to suffer alone. An employment discrimination lawyer can help you figure out if you have a strong case. With their help, you can figure out how to get the justice you deserve.