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Manhattan Beach Employment Law
Workplace discrimination and harassment based on membership in protected groups are against the law. At the Calderone Law Firm, we handle a wide range of employment law matters, including discrimination based on age, race, pregnancy, sex, disability, sexual orientation, and taking family or medical leave. We also handle defamation, class action, and wage claims. Our Manhattan Beach employment lawyers are here to help you determine whether you may have a case against your employer and advocate for you throughout any litigation that may be needed.
Manhattan Beach has a population of about 36,000 residents from a diverse range of backgrounds, who work in many different industries. Some of the most notable employers in the area include Northrop Grumman, Target, Fry's Electronics, Kinecta Federal Credit Union, and Marriott-HMC Interstate.Employment Litigation Under Federal and California Laws
Discrimination in the workplace is prohibited under several federal statutes, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, and the Family Medical Leave Act (FMLA), as well as the California Fair Employment and Housing Act (FEHA).
The federal law that prohibits discrimination due to race, sex, color, national origin, and religion is Title VII of the Civil Rights Act of 1964. Like several other anti-discrimination laws, Title VII is enforced by the Equal Employment Opportunity Commission (EEOC). However, Title VII only applies to companies with 15 or more employees, and it has caps on damages. The damages are based on the employer's size, ranging from 15 employees to over 500.
FEHA provides protection for employees of smaller organizations. As to discrimination and retaliation, it protects people who work at businesses with just five employees. FEHA prohibits harassment based on a protected classification against an employee, even if there are fewer than five employees in the workplace. Moreover, there are no caps on damages.
Discrimination under both state and federal laws involves taking an adverse employment action on the basis of an employee's membership in a particular group. Employment actions can include failures to hire, firing, lack of promotions, demotions, lack of training, reduced pay, and other aspects of the workplace. For example, if you are demoted because of being Muslim, this may be the basis of a Title VII or FEHA claim. Similarly, if you are not hired because you are black, an employment attorney in Manhattan Beach likely can help you bring a claim.
Harassment is one form of discrimination. Sexual harassment takes the form of quid pro quo harassment or hostile work environment harassment. The former occurs when a person in a position of authority over you offers you an opportunity in exchange for a sexual favor. The latter occurs when actions or behavior in the workplace by the boss, supervisors, coworkers, or customers discriminate against a protected classification and are either pervasive or severe.
It can be challenging to report discrimination in the workplace. You may have legitimate fears that you will be fired or blackballed within an industry. This is one reason why it is crucial to seek advice from a knowledgeable Manhattan Beach employment attorney. Retaliation for reporting discrimination or harassment in good faith is also prohibited under federal and state anti-discrimination laws. Your employer cannot punish you for complaining that you were denied a promotion due to race by terminating you or moving you to a less favorable assignment, for example.
Remedies that you may be able to recover under FEHA include back pay, reinstatement, compensatory damages for pain and suffering, injunctive relief, and attorneys' fees and costs. Sometimes, in order to compensate you for future damages, a court considers awarding reinstatement into your prior position. However, in many cases, reinstatement is not feasible because your relationship with the employer may have been permanently broken, or you may not be psychologically ready to go back to the workplace. In that case, you may be able to recover front pay, which is the money that you would have made in the job into the future. You may also be able to recover punitive damages if your employer acted with malice or reckless indifference to your rights.Consult an Experienced Employment Lawyer in Manhattan Beach
If you need to bring a legal claim to protect your workplace rights, the Calderone Law Firm is ready to provide skillful and knowledgeable representation. Our discrimination attorneys understand the many options that may be available to you under state and federal laws. Call us at (424) 348-8290 or contact us through our online form to set up an appointment.