Work Discrimination Lawyer in California | BNCL Law Firm

Work Discrimination Lawyer in California

The civil rights attorneys at Burris Nisenbaum Curry & Lacy are experts in employment discrimination law, and as part of our practice, we often protect the rights of people who are wrongfully terminated or otherwise subjected to discrimination, harassment or other unfair practices in connection with their jobs. Sometimes we defend large groups of people in class action suits against an employer such as the $11 million settlement we won from UPS on behalf of workers who were passed over for promotion opportunities because of their race. In other cases we represent individuals.

The federal government agency tasked with protecting your rights at your job is the Equal Employment Opportunity Commission, called the EEOC for short. There are two important federal laws that lay out your rights:

Minorities such as members of the LGBTQ2+ community and women make up almost half of America’s workforce. These individuals have the same right to go to work every day and earn an honest living while being free from discrimination as anyone else. Sadly, too many face discriminatory remarks and are the victims of unfair employment practices. Harassment and hostile work environments are still all too present in many industries, and many women continue to feel the effects of the wage gap. Members of the LGBTQ2+ are sometimes denied opportunities such as promotions based on their status.
Many people would like to think that racial discrimination no longer occurs in the workplace, but it continues to happen all across California. Racial discrimination is not only illegal, but it is also hurtful, and it can result in real financial loss for the victim. You may lose out on promotions, bonuses, and other compensation. In the most extreme cases, it can even cost you your job.
Every employee in California has the right to earn a living and not face sexual harassment while at work. When employers do not uphold this right, and either sexually harass their workers or allow others to engage in such behavior, it can make work life insufferable for their employees. If your employer has violated your rights, you may be able to file a claim for monetary compensation. Our California sexual harassment lawyers at Burris Nisenbaum Curry & Lacy can review the facts of your case and provide the legal advice you need.
Being fired from your job can be extremely stressful. When the termination violates the law, however, it can be even more distressing. California is considered an at-will employment state. Generally speaking, this means that employers can hire and fire employees at any time, and for any reason. In some cases, employers are even allowed to fire employees without any reason at all.
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The Equal Pay Act and its amendments make it illegal for your employer to pay you less than other workers doing the same job because of your gender, race, religion, or other factors. If you believe that you are being paid less because of who you are, you have the right to sue, not just for the difference in wages but for other damages such as future losses (because your salary history was unfairly lowered) as well as emotional pain, inconvenience, and other non-monetary losses. To defend against a lawsuit you file under the Equal Pay Act, your employer would have to demonstrate that there is a legitimate reason for the disparity in payment— for instance, a seniority or merit system

The Civil Rights Act of 1964 gives you wider protection from discrimination at your job because it applies to issues beyond salary. These laws are sometimes referred to as ‘Title VII’ because that’s the section of the Act that includes them. It forbids treating employees differently at the workplace because of their race, national origin, religious beliefs, gender, sexual orientation, as well as in many cases, disability and health status. Employers must allow the same advancement opportunities in their company for all workers. They can’t segregate the workplace based on these or similar factors, and they also can’t decline to hire or interview a prospective employee for any of these reasons. In more recent years, this law has been expanded to include age discrimination.

These laws apply not just to companies that directly hire people, but also to employment agencies and unions. That means that if a staffing agency or union is violating your civil rights, we can sue them for you under these and other federal laws.

By the way, your employer also has a legal requirement to display these laws on a poster in a prominent place in the workplace, such as in the break room where everybody can see it.

When the employment rights attorneys at Burris Nisenbaum Curry & Lacy take your case, we will begin by talking to you and finding out all the circumstances around the unlawful practices by your employer. We’ll collect the relevant records, such as pay stubs and salary history. We may also interview or take depositions from other people at your workplace who are familiar with the situation. A strong workplace discrimination lawsuit generally requires a great deal of documentation and background information, because in a lawsuit, your employer will likely present arguments saying that whatever way they treated you was justified by your performance and wasn’t due to your identity, for instance by claiming your work record was subpar. We will work with you so that we can effectively defeat these arguments.

Usually, we will then file a complaint with the EEOC, or with DFEH (the California Department of Fair Housing and employment that oversees claims based on California's FEHA laws.

Often, we are able to reach a favorable settlement for our clients without needing to take the case all the way to court, by convincing your employer that they will lose. This is often the best outcome for the people whose rights we protect, because they receive financial compensation and assurances of fair treatment going forward.

Filing your employment discrimination complaint with the EEOC triggers protections for you against employer retaliation. It’s illegal for your employer to fire you because you’re suing them— and it’s also illegal for them to take ‘adverse action’ against you, for instance by demoting you or reassigning you to less favorable shifts. At Burris Nisenbaum Curry & Lacy, we know how to prevent this from happening by asserting your rights— and we also know how to use any attempt at retaliation to strengthen your employment discrimination suit and ultimately win a larger settlement or victory on that basis.

In other words, don’t let the fear of retaliation prevent you from standing up for your rights in the workplace. It’s an understandable concern— nobody can easily afford to lose their job, or make a bad situation at work even worse. But at Burris Nisenbaum Curry & Lacy, we know how to handle these issues and we protect our clients fiercely.

Almost by definition, people harmed by civil rights violations are usually regular people without a lot of money or power. Sometimes they assume that because they don’t have a lot of money, they can’t hire a law firm like Burris Nisenbaum Curry & Lacy to take their case. But we often work on a ‘contingency’ basis, meaning we’re paid a percentage of the settlement or court order if we win, so that our client doesn’t need to pay us anything out of pocket. So if you’re a victim of a civil rights violation, you should consult with us, even if you don’t have money to pay us. We still may be able to help.

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    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141

    Our Offices

    Northern California Office Airport Corporate Centre
    7677 Oakport Street, Suite 1120
    Oakland, CA 94621
    Ph: (510) 839-5200
    Southern California Office
    9701 Wilshire Boulevard, Suite 1000
    Beverly Hills, CA 90212
    Ph: (310) 601-7070
    For press inquiries,
    please contact:
    Lee Houskeeper
    newsservice@aol.com
    Ph: (415)654-9141
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