San Bernardino Discrimination Lawyer

When discrimination happens in the workplace, it undermines equality and fairness. This can create a significant challenge for any employee who faces such unjust treatment. Whether someone is being denied a promotion, facing harassment, or is being let go due to their race or age, all of this behavior is not just wrong; it’s illegal. If any of this rings true for you, a San Bernardino discrimination lawyer can step in to help pursue justice.

At The Law Offices of Reisner & King LLP, our firm is fully dedicated to standing up for individuals who have experienced workplace discrimination. We envision a world where every employee in California can go to work and be themselves without fear of unfair treatment. It’s why we work night and day for our clients to advocate for justice and ensure that they are able to recover from these instances. Our goal is to help every client achieve the outcome they deserve under the law.

What Could Be Happening at Work That Suggests I’m Being Discriminated Against?

Being discriminated against at work can take many different forms. While some experiences might be an obvious form of discrimination, other times it might not be so apparent. Being able to recognize obvious and subtle signs is a critical skill to keep yourself safe at work and to know when it’s time to connect with a lawyer and pursue justice and accountability.

Some of the more common indicators of workplace discrimination include:

Unequal Treatment Compared to Others

One of the more obvious signs that you might be a victim of discrimination at work is when you are treated unequally compared to your colleagues in a similar role. For example, you may notice that your coworkers of a different gender or race recently received a promotion while your equivalent or greater achievements were ignored. This could also extend to being given less than desirable assignments, fewer opportunities to be trained, or exclusion from leadership roles.

It’s true that unequal treatment often manifests in pattern behavior. If you take a larger analysis of your organization and you see that one group of people is constantly benefiting at the expense of another, you may have a case of workplace discrimination on your hands. If at any point you start to feel like your career growth is stifled despite the quality work you are putting in, this imbalance could point to discriminatory practices that need to be addressed.

Hostile Work Environment

A hostile work environment is when acts of discrimination and harassment become so severe that it disrupts the ability of everyone to perform their jobs. This could involve acts like offensive jokes or derogatory remarks. It could also include intimidating behavior that targets a specific group of people based on their race or sexual orientation. However, it can also be much more covert, like whispers of gossip or socially isolating a certain individual.

One important thing to keep in mind is that hostile work environments are often not a single, obvious act. Rather, these things slowly build over time. A collection of unnoticed, smaller behaviors can amount to a larger problem. For example, you might notice that your supervisors are constantly undermining your contributions or making comments to erode your confidence. This could be an attempt to push you out.

Discriminatory Policies or Practices

Sometimes, discrimination is not directed at a single person but rather is embedded in the company’s policies and practices. For example, a deep look into an organization’s hiring practices could reveal that they have been excluding a certain demographic from receiving interviews. It could also include a discriminatory dress code policy that targets specific cultural or religious groups in the office.

Policies may seem neutral at the surface level, but they can have a much deeper impact in practice. For example, if a company requires all employees to work for long hours without accommodating family responsibilities, this could indirectly disadvantage parents, who are the primary caregivers. If you notice this happening in your work environment, it could indicate systemic discrimination.

Retaliation for Speaking Up

Another common form of workplace discrimination is retaliation. This often occurs after an employee raises concerns about how they are being treated unfairly and files a formal complaint. The scope of retaliatory actions can range from obvious measures, like being demoted or terminated, to more subtle ones, like being excluded from projects or given an unfavorable assignment.

For example, if you report someone has been harassing you at work, and then you are reassigned to a lower-paying position, this could be more than just a coincidence. The timing of both events warrants an investigation in collaboration with an employment attorney. California law has strict rules and regulations that protect employees from being retaliated against, but it requires the employee to show a clear connection between their complaint and the actions taken against them.

Exclusion from Workplace Activities

If you are being constantly excluded from meetings, team discussions, or after work events, this can be a subtle form of discrimination that can be looked into. For example, if you recently learned that you were not invited to a networking event or team-building activity that everyone else was invited to, it warrants an investigation; especially if these events were designed to help everyone at the company grow professionally.

This type of exclusion can also extend to decision-making processes where your input is ignored, especially when it’s something that is expected from other people in similar roles. Over time, facing this type of exclusion can leave you feeling isolated and limit your visibility in the company. It can be a significant hindrance to your career progression. If this exclusion appears to be linked to a protected characteristic, it could be a sign of bias.

Biased Feedback or Unfair Performance Reviews

Receiving biased feedback or unfair performance reviews could also signal workplace discrimination in some instances. One of the more common examples of this is when someone is being held to stricter standards than a peer or is criticized for behaviors that others are allowed to exhibit without the same consequences. The same can be applied on the reverse side too, such as when your contributions are downplayed or ignored completely.

This type of bias can also show up in vague criticisms, making it more difficult to address the issue or make self-improvements. For example, you might continually receive feedback that lacks any specific examples of poor performance that gives you a performance goal to aim for. Sometimes, this is done intentionally to hold someone back for unfair, discriminatory reasons.

Denial of Reasonable Accommodations

Any employee who requires reasonable accommodations due to a disability, pregnancy, or religious practice has specific protections that exist under both federal and California law. If you try to enact one of these accommodations and your employer refuses to either modify your schedule or provide accessibility, this could be seen as a form of discrimination.

For example, if an employer denies a flexible working schedule for someone who is pregnant or refuses to allow a worker of a specific religion to wear their religious attire, this could be a violation of anti-discrimination laws.

FAQs

Q: Can You Sue for Discrimination in California?

A: Yes, everyone has the right to sue for discrimination in California if they share concerns with an employment attorney who agrees there are grounds to file a lawsuit. There are many different agencies that protect employees from discrimination based on protected characteristics, like California’s Fair Employment and Housing Act (FEHA). Having an experienced lawyer on your team can ensure all deadlines and procedural requirements are met when filing the lawsuit.

Q: How Likely Are You to Win a Discrimination Lawsuit?

A: The overall likelihood that you win your discrimination lawsuit will depend on how strong your evidence is, the specifics of your case, and the quality of the legal representation you hired. Cases that have clear evidence with documented remarks or a history of performance reviews with bias are generally the strongest cases to bring forward. Success hinges on proving that the discrimination directly caused harm, like losing a job or causing emotional distress.

Q: How Do I Prove Discrimination in California?

A: To prove you have been discriminated against in California, you need to show that you were treated unfairly due to a protected characteristic that is outlined in laws like FEHA or Title VII. For example, you might document different examples of when a coworker with similar qualifications received a better opportunity or where a supervisor made a discriminatory comment. Statistics are really helpful to show a pattern of unlawful behavior.

Q: Do I Need a Lawyer to File a Discrimination Claim?

A: While there is no law that mandates everyone hire a lawyer to manage their discrimination claim, having one will significantly increase your chances of success. The process involves navigating complex laws, gathering evidence, and meeting strict deadlines. All of this can be difficult to achieve alone without the formal help of a trained legal professional. This is why many say hiring an employment lawyer can make the difference between a win and a loss.

Contact The Law Offices of Reisner & King LLP Today

If you believe you have been discriminated against and are unsure where to turn for support, contact our employment law attorneys today. We have spent years fighting for individuals just like you to get back to work without fear of being singled out for illegal reasons that are protected under the law. We would be honored to help correct any alleged wrongs by your employer and get you back to doing the work you love.