Employment Law- Discrimination Lawyers San Diego, CA

Discrimination in the workplace is a sad reality in our society. We all want to believe that we have moved beyond these deplorable practices, but they remain. They must be taken seriously. At the Justice Law Group, we are ready to pursue discriminatory practices and hold employers and those in charge responsible for their unlawful actions. Discrimination can take many forms. Below are just a sampling of what our clients face. If you have been discriminated against or have questions about what constitutes discrimination please call us immediately.

Employment Law- Age Discrimination in  San Diego

Generally, discriminating on the basis of age in the workplace is illegal under both the Federal Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA). Under both laws, there are some special limitations on who can sue. People under forty years old are not protected by age discrimination in the workplace laws. If an employer refuses to hire somebody because he or she is thirty-nine, and therefore “too young”, that is not illegal. However, if it because he or she is forty and “too old”, then the action may be illegal.
Age discrimination can take some subtle forms, and employers are often clever about hiding their discriminatory practices. A few examples of possible age discrimination include, but are certainly not limited to, the following:

  • The employer compensates younger employees with less skill and experience at a higher level than the older employees with more skill and experience.
  • A company is having difficult times economically, so it fires or lays off the oldest workers first, because the oldest workers are making the highest salaries after having been with the company the longest.
  • A boss gives an older employee undeserved poor performance evaluations and then uses these false records of poor performance to fire or demote the employee.
  • An employer will not let an older worker take a training course or otherwise invest in the worker’s further growth.
  • A company refuses to hire anyone who looks older than a certain age, simply to maintain a youthful company image.
  • Management turns down an older employee for promotion, instead hiring someone younger for the position.
  • The employer is removing older employees and replacing them with younger employees.

Replacing Older Workers

It is illegal to replace a person over 40 with a person under 40, if age is the reason. It is also illegal to replace a person over forty with a younger person who is also forty.

Older Worker’s Benefit Protection Act

The Older Worker’s Benefit Protection Act provides protection of benefits or benefit packages for older workers. According to the act, an employer must provide equal benefits for older workers as they do for their younger counterparts. An employer can accomplish this by either providing packages that are equal in benefit or by spending the same amount of money on each person. An individual cannot waive his right under this act, unless that waiver is knowing and voluntary.

Replacing Higher Earners & Age Discrimination in the Workplace

It is not illegal to replace people who are making high wages with people who will make less because they have less seniority. However, this usually means replacing older workers with younger ones. If the wage considerations are not the real motivator, and the employer is actually trying to replace older workers with younger ones, that it illegal. Here, the employee must prove that it is the age, not the wages, which is motivating the employer to fire the older workers.

Employment Law- Disability Discrimination in San Diego

Disability rights protected by disability employment statutes protect disabled workers from discrimination. Disability discrimination includes a wide variety of situations involving wrongful termination, failure to hire or promote, and other mistreatment of employees based on disability status.

The Americans with Disabilities Act or ADA, protects people with disabilities from discrimination. Employers are required to make reasonable accommodations to allow people with disabilities the opportunity to work like every other American. A failure to accommodate can lead to a discrimination lawsuit. The ADA protects people from being fired because of a disability, but it also protects people from being fired for a perceived disability, even where the disability does not exist. When the disability is unrelated to job performance, employers are not allowed to fire or refuse to hire the disabled person.

The ADA protects people from harassment and wrongful termination, as well as requiring reasonable accommodation for disabled people. The protected class includes people with certain mental disabilities, physical disabilities, and substance abusers who are in treatment. Whatever the basis of the disability discrimination, it is important to have a lawyer familiar with disability and employment litigation to protect your best interests. From negotiating settlements or obtaining reasonable accommodations, to pursuing litigation through trial, our attorneys have the experience and the dedication to help you protect and enforce your rights.

Employment Law- Gender Discrimination in San Diego

Women and men are protected under both the California state laws and Federal Title VII law against gender discrimination or harassment in the workplace. Although gender harassment is similar to sexual harassment, there are many forms that this type of behavior can take, including offensive or derogatory gender-specific comments, jokes, posters, or pictures.
It is a violation of your civil rights for an employer to discriminate on the basis of your gender. The Justice Law Group stands up for women and men who are refused a job or advancement, or are mistreated in the workplace, because of their sex.

We represent individuals in sex discrimination cases involving a wide variety of claims, including:

• Disparate treatment between men and women in promotions, salary, commission, or benefits, which could be violations of the federal Equal Pay Act
• Sexual harassment and other violations of Title VII of the federal Civil Rights Act or California’s Fair Employment and Housing Act (FEHA)
• Demotion or layoff following a period of pregnancy leave, maternity leave, or time off under the Department of Fair Employment and Housing, the federal Family Medical Leave Act (FMLA), or the Pregnancy Discrimination Act
• Retaliation by demotion or termination following a complaint involving sexual harassment, sex discrimination or gender bias

Employment Law- National Origin or Racial Discrimination in San Diego

Title VII of the Civil Rights Act of 1964 and the Civil Rights Act of 1866 prohibit an employer from discriminating against an employee due to the employee’s national origin or ethnic background. This prohibition applies to decisions to hire, fire, promote, demote, set-compensation and other terms and conditions of employment. Likewise, an employer may not discriminate because an employee is married to or associated with someone of a national origin group, is a member of a specific ethnic promotion group, attends a school, church, temple or mosque generally associated with a national origin group, or has a surname associated with a national origin group.

An employer may not discriminate against an individual because he or she has an accent or particular manner of speaking. Similarly, an “English Only” rule in the workplace may be deemed discriminatory. Employers may not harass an employee on the basis of national origin or ethnic background, and are prohibited from retaliating against an employee who complains about national origin discrimination or who refuses to participate in discriminatory employment practices.

Title VII applies to employers with 15 or more employees. The 1866 Act applies to employers regardless of the number of employees. Title VII claims must first be filed with the U.S. Equal Employment Opportunity Commission (“EEOC”) before a lawsuit is filed in federal court. Claims under the 1866 Act may be initiated in federal court without first filing with the EEOC.
Unfortunately, while national origin and ethnic-based discrimination has always been a problem, this type of discrimination and harassment has increased in the workplace in the wake of 9/11.

Employment Law- Pregnancy Discrimination in San Diego

Women often face hard decisions, but they should not have to choose between their jobs and their families. At the Justice Law Group, we know that pregnant women often face unlawful pressures and discrimination at work. We believe pregnancy discrimination should not force you out of the workplace, so we fight hard to protect your rights.

Many circumstances experienced by pregnant women are illegal and actionable in court:

  • Employer fails to hire because of pregnancy.
  • Employer denies promotion because of pregnancy.
  • Employer denies unmarried woman medical benefits for pregnancy.
  • Employer demotes because of pregnancy.
  • Employer fires or lays off woman because of pregnancy.
  • Employer prohibits or limits employee’s maternity leave.
  • Employer denies pregnancy leave to employee experiencing high-risk pregnancy.
  • Employer denies or interferes with pregnancy-related disability leave.
  • Employer retaliates against a woman who requests pregnancy-related leave or sick days.

Federal and state laws prevent discrimination against women. At the Justice Law Group, we provide you with skilled legal representation that takes into account the interplay between employment, disability discrimination, and pregnancy law. We can advise you about the California Family Rights Act and the Pregnancy Discrimination Act. We can help you understand your rights and take action to meet your goals.

More and more high-level female executives are bringing lawsuits when their employers discriminate against them, demote, or even fire them because of their pregnancies. At the Justice Law Group, we frequently work with high-level executives and have the capacity to assist them discreetly and effectively with their employment issues.

How We Can Help

Justice Law Group of San Diego will do everything we can to help you during this extremely difficult time. You need to know your rights are being protected, while you are trying to take care of everything else that comes with these horrible actions. Being discrimination against is a painful and difficult matter.

Justice Law Group provides you with a free evaluation to identify all damages as well as potential assets to aid in recovery. We will deploy investigators when necessary and use our legal experience to properly assess your claim. San Diego Discrimination Attorney Cameron Gharabiklou and Nicholas J. Lewis understand the pain and suffering that an injured party endures through discriminatory practices. Seeking the prompt advice of an experienced attorney to discuss the discrimination, the damages and the recovery process are key.

How much do we believe in our ability to successfully fight for you? If we take your case, you pay NO ATTORNEYS FEES, unless and until we recover payment for you.  At the Justice Law Group of San Diego, you will not be passed to a secretary or paralegal, instead you will speak to the Personal Injury and Boat Accident lawyers who will be handling your case all the way through trial when necessary. Call us today. 858.412.0019 or contact@justice-lawgroup.com