Manhattan Beach Discrimination
Manhattan Beach is a suburban city in Los Angeles County. Two of the most prominent companies that are headquartered there are Skechers and Kinecta Federal Credit Union. The employment rate in the city has dropped slightly since 2015, although it remains strong overall. Employers in Manhattan Beach and elsewhere in Southern California must abide by anti-discrimination laws. Workplace discrimination is prohibited under multiple federal statutes, as well as the California Fair Employment and Housing Act (FEHA). If you face workplace discrimination on the basis of a protected characteristic under federal or state law, you should consult the Manhattan Beach discrimination lawyers at the Calderone Law Firm about your legal options. Our principal, Vincent Calderone, has more than two decades of experience protecting workers from discrimination and harassment on the basis of sex, age, disability, race, or religion, among other traits.Bringing a Discrimination Claim Against an Employer
Discrimination occurs when an employer makes an unfavorable employment decision on the basis of a protected characteristic of an employee or job applicant. Unfavorable employment decisions could be made with regard to hiring, firing, demotion, promotion, training, and assignments. Harassment is a type of discrimination. Protected characteristics in California include race, sex, religion, national origin, color, and disability. It would be unlawful, for example, for a covered employer to terminate you due to your being Muslim. Similarly, it would be unlawful for your employer to dismiss your concerns if you complained about being sexually harassed by your manager.
To claim discrimination, you must show that there is a causal relationship between the injury that you suffered and the discrimination that you experienced. A discrimination attorney in Manhattan Beach can show that an employer discriminated against you through disparate treatment or disparate impact. To show disparate treatment, you need to show that:
- You were an employee of the defendant or applied to a job offered by the defendant;
- The defendant terminated you, refused to hire you, or took another adverse employment action against you, or you were constructively discharged;
- A protected trait was the reason why the defendant acted in that manner;
- You were harmed; and
- The defendant's actions were a substantial factor in causing the harm.
By contrast, a disparate impact case claims that a seemingly neutral practice is a cover for discrimination or has a discriminatory impact.
Federal laws prohibiting workplace discrimination in Manhattan Beach include Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, and the Age Discrimination in Employment Act (ADEA). Several of the federal laws are enforced by the Equal Employment Opportunity Commission (EEOC), which means that you will need to file a charge there before you file a lawsuit for a violation of a federal law.
Additionally, most federal laws only apply to big employers. For example, to sue under Title VII, you must work for a company with 15 or more employees. The damages that your Manhattan Beach discrimination attorney can recover on your behalf are statutorily capped based on the size of the employer.
The California Fair Employment and Housing Act (FEHA) protects people who work for smaller businesses. Protected characteristics under FEHA include race, color, national origin, ancestry, age (if you are 40 or over), disability, medical conditions, genetic information, sex, gender, gender identity, gender expression, marital status, and military or veteran status.
Companies with five employees or more are forbidden from discriminating or retaliating against employees based on a variety of protected characteristics. However, even smaller employers are prohibited from harassment of employees. Under FEHA, harassment is forbidden in all workplaces, no matter the size.
If you sue under FEHA, there is no statutory cap on the damages that you can recover. Remedies can include back pay, front pay, reinstatement, hiring, training, policy changes, out-of-pocket expenses, reasonable accommodations in the context of religious or disability discrimination, and damages for emotional distress. There may be some situations that warrant an award of punitive damages, which are intended to deter wrongdoing and punish a wrongdoer. You can only recover these damages if you can show that your employer acted with reckless indifference or malice toward your rights.Consult a Skilled Discrimination Lawyer in Manhattan Beach
If you were harmed by workplace discrimination in Manhattan Beach, the experienced attorneys at the Calderone Law Firm may be able to provide legal representation. You can call us at (424) 348-8290 or contact us through our online form for a case evaluation.