Hawthorne has a population of about 85,000 residents. Some of the major employers in the city include OSI Systems, Tesla Motors, Northrop Corporation, The Boring Company, and Century Media Records. It can be extremely distressing to face discrimination or harassment on the job based on aspects about yourself that you cannot change. Although federal and state laws prohibit discrimination based on protected characteristics, employers are sometimes guided by their biases and stereotypes when they choose whom to hire, whom to promote, and how much to pay them. If you believe that you have been a victim of employment discrimination or are concerned about other employment issues, you should consult the Hawthorne employment lawyers at the Calderone Law Firm.Holding Your Employer Accountable for Misconduct
In most cases, the California Fair Employment and Housing Act (FEHA) gives employees greater protection than do federal anti-discrimination laws, such as Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), or the Family and Medical Leave Act (FMLA).
FEHA forbids employment discrimination when an employer has a minimum of 5 employees, whereas the federal laws apply to larger companies. For example, Title VII prohibits discrimination when an employer has at least 15 employees. Many of the federal anti-discrimination laws require that an employee file a charge with the Equal Employment Opportunity Commission (EEOC) before filing suit in court. There is no similar requirement for FEHA. FEHA usually has stronger remedies than do federal laws because there are no caps on compensatory or punitive damages, as there are with the laws enforced by the EEOC. Our employment attorneys can advise Hawthorne employees on which laws may best apply to their situation.
FEHA protects a broad range of characteristics, including race, color, national origin, religion, ancestry, sex, sexual orientation, gender identity, disability, age if you are over 40, marital status, and veteran or military status. An employer should not make an adverse employment decision against you because you have any of these protected characteristics. For example, if a prospective employer does not want to hire you because you are a Muslim, this would be religious discrimination. For another example, if you were a woman who was not promoted to an executive position even though you are the most qualified candidate, this would be sex discrimination.
One type of discrimination is harassment. An employer can be liable for workplace harassment based on a protected characteristic. Harassment can take many different forms, including derogatory language, innuendoes, physical acts, or violence. In the case of sexual harassment, it may be quid pro quo harassment or hostile work environment harassment. Quid pro quo harassment can only be perpetrated by a supervisor or manager or someone with authority in the workplace.
However, hostile work environment harassment can be perpetrated by supervisors, managers, coworkers, clients, or customers. A Hawthorne employment attorney can help you bring a claim when the harassment is so severe or so pervasive that a reasonable person would find the atmosphere intimidating. Hostile work environment harassment can be based on race, religion, color, national origin, gender identity, sexual orientation, and disability, in addition to sex.
Employers in California are also required to provide a reasonable accommodation to job applicants or employees with a known mental or physical disability. An exception to this rule is if providing the accommodation would cause an undue hardship.
Reasonable accommodations can include the alteration of job duties, giving a worker leave for medical care, altering shifts or work schedules, and providing equipment or mechanical aids. Employers are also required to engage in a good-faith interactive process with a disabled employee for the purposes of deciding what an effective reasonable accommodation would be. If you request a reasonable accommodation for a disability, and your employer denies it without engaging in a good-faith interactive process or cannot show an undue hardship, you may have a claim for damages.
Remedies that you may be able to recover under FEHA include injunctive relief, lost wages, emotional distress, and mental suffering. Under certain circumstances, you may be able to recover punitive damages.Seek Counsel From a Knowledgeable Employment Lawyer in Hawthorne
If you face discrimination or harassment on the job, the experienced trial attorneys at the Calderone Law Firm may be able to counsel and represent you. It is important to hire an attorney who can help you determine an appropriate strategy to recover damages. You can call the Calderone Law Firm at (424) 348-8290 or contact us through our online form.