The workplace should provide an atmosphere where employees are able to grow and thrive in their professional endeavors. Leadership, whether that is a supervisor or an employer, should strive to provide all of the support, encouragement, and resources necessary to help their employees succeed. Unfortunately, that is not always the case.
There are some circumstances where an employer or a supervisor mistreats their employees. This mistreatment could come in the form of unsafe working conditions, unequal or unfair pay, threats against their job, and more. One of the most familiar forms of mistreatment in the workplace is discrimination. If you or a loved one have been the victim of discrimination at work, an experienced Los Angeles employment law attorney from Park APC can help.
Facing prejudice is an unfortunate reality for many people every day. They may find that total strangers dislike them or do not want to associate with them because of their race, religion, ethnicity, or other factor. It can be incredibly disheartening to face prejudice from people who have no legitimate reason to hate you. However, it becomes unlawful when an unfounded dislike of a person leads to discrimination.
While prejudice is an entirely unfounded disdain for or hatred of a person, discrimination takes those feelings a step further. Discrimination is the unjust or prejudicial treatment of any person because of any aspect of themselves that they have no control over. Some of the more common characteristics that may be subject to discrimination are:
There are many different forms that discrimination can take, particularly in the workplace. An employee who is facing discrimination may be demoted, lose part of their pay, have to deal with threats or belittling, and more. This is called “disparate treatment discrimination.” In some cases, the discrimination is unintentional and simply the result of an unfair policy, which is considered disparate impact discrimination. Disparate treatment discrimination is the more dangerous type of discrimination.
Disparate impact discrimination has no ill will behind it, but rather is simply an unfortunate side effect of improper policy making. Disparate treatment discrimination, however, is much worse because it is intended to cause some type of harm. When an individual participates in disparate treatment discrimination, they are acting in ways that they know will make life or work more difficult for the person or people they dislike.
Disparate treatment discrimination at work is evident when an employer or a supervisor intentionally and blatantly treats an employee differently because of their protected status. It can be frustrating when you or a loved one have been the victim of discrimination based on a protected status. If this has happened to you, then you must gather evidence to prove that an employer or supervisor engaged in disparate treatment discrimination. This could greatly benefit any discrimination claim you may wish to file.
Disparate treatment discrimination can manifest itself in a variety of ways in the workplace. Any action or lack of action by a supervisor because of a protected status may fall under the umbrella of discrimination.
Some of the most common examples are:
These forms of discrimination, and more, are an unfortunate reality for many employees today. Fortunately, there are laws in place intended to protect workers from discrimination in the workplace.
Discrimination in the workplace is an issue that must be dealt with quickly and effectively. Through the years, laws have been passed to offer protection for workers who are facing discrimination at work. There are several laws in place, both federal and state, that were enacted specifically to protect workers from age discrimination.
The federal government passed a law in 1967 that shields workers over the age of forty from discrimination based on their age. The Age Discrimination in Employment Act of 1967, also called ADEA, does not allow discrimination against older applicants or employees. This law covers every step of the employment process, from job postings to professional development to termination. There are also protections in place on the state level.
The state of California passed the Fair Employment and Housing Act as an additional form of protection. Similar to the ADEA, this act protects workers over the age of forty from discrimination while they are at work. One small difference is that the Fair Employment and Housing Act only applies to employers who employ five or more employees at a single time. If you or a loved one have faced age discrimination in the workplace, you can file a claim against your employer or supervisor.
One of the more difficult aspects of an age discrimination claim is proving that the discrimination happened. When an employee files a discrimination claim, the employer has an opportunity to provide a justification for their actions, which they often can. To prove an age discrimination case, the employee must cast doubt on the employer’s explanation for their behavior.
If you pursue legal action against an employer for age-based discrimination, then you are arguing that you are entitled to damages. This means that you have suffered a measurable loss due to your employer’s or supervisor’s actions. You are therefore claiming compensation for it.
Some common damages that you may claim include:
The amount of damages you may receive will depend on the type of discrimination you faced and how severe it was. The goal of receiving damages from an age discrimination claim is to ensure that you are where you would have been, financially and professionally, if the discrimination had not occurred. Working with an expert Los Angeles age discrimination attorney can help ensure that you receive the compensation you deserve.
Facing discrimination in Los Angeles, CA is difficult in any circumstance, but it can be particularly hard when it happens in the workplace. While workplace discrimination of any kind is unequivocally wrong, it can be difficult for employees to defend themselves. They may not be willing to risk their income for a legal battle, but sometimes it is necessary.
In those circumstances, it is beneficial to have the support and guidance of an expert Los Angeles age discrimination attorney. The ideal age discrimination attorney will be able to provide their clients with three key things:
If you have dedicated years of your life to a particular industry or company, it is unfair and unethical for you to be discriminated against simply because of your age. If the mistreatment is severe enough, you may have cause for legal action. If you choose to pursue an age discrimination claim against a supervisor or an employer, it is important to have as much support as possible. The team at Park APC has the experience and expertise to guide you or your loved one through the entire process. Contact us today to get started.