Whether your employer has failed to pay you minimum wage, discriminated against you because of your race, or failed to provide a reasonable accommodation for a disability, you may be able to obtain remedies by going to court. If you were mistreated at your job, you should consult the Los Angeles employment lawyers at the Kokozian Law Firm. We handle litigation arising out of all forms of workplace misconduct.
Employment LawCalifornia employers must abide by many different federal and state laws. These laws pertain to discrimination, harassment, retaliation, wage and hour issues, leaves of absence, overtime, rest breaks, meal breaks, and whistleblowing. Sometimes an employment relationship is also governed by an employment contract. Often, California law is more inclusive and protective than federal law, but the details of a case can make a difference as to which law affords the greatest relief, so it is important to consult an experienced attorney about your situation.
Workplace Discrimination Under State LawThe California Fair Employment and Housing Act (FEHA) prohibits workplace discrimination arising out of many different protected characteristics. Characteristics that are protected include color, race, sex, marital status, gender identity, sexual orientation, religion, national origin, ancestry, disability, medical condition, genetic information, request for family or medical leave, request for pregnancy disability leave, and age over 40.
You may have a claim under FEHA if your employer discriminates against you due to a protected characteristic. Discrimination can consist of an adverse action involving any of the terms or conditions of employment. Adverse employment actions include failure to hire, termination, demotion, failure to promote, disparate pay, harassment, or failure to provide a reasonable accommodation. An employment attorney at our Los Angeles firm may be able to help you sue for damages under FEHA, for example, if you are denied a promotion because you are black. For another example, you may be able to sue for disability or medical condition discrimination if you are denied a reasonable accommodation that you need because of cancer.
FEHA also includes a provision prohibiting retaliation against someone for making a complaint or engaging in other protected activities under FEHA. You are protected against retaliation even if you are assisting or providing testimony in good faith for another employee’s claim of discrimination under FEHA.
Federal laws that prohibit discrimination based on various protected characteristics include Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA). These laws cover midsize to large employers and are enforced by the Equal Employment Opportunity Commission (EEOC). Under Title VII, for example, an employer cannot discriminate against you based on your race, color, national origin, religion, or sex.
Remedies for Employment DiscriminationIf our Los Angeles employment attorneys can prove discrimination under FEHA, you may be able to recover back pay, front pay, and emotional distress damages. It may be possible to obtain reinstatement or injunctive relief. If an employer’s misconduct was truly egregious, you may be able to obtain punitive damages, which are damages intended to punish and deter future similar misconduct. Under federal anti-discrimination laws enforced by the EEOC, damages are capped based on the size of the employer.
Leaves of AbsenceState and federal laws also provide leave under certain circumstances. The federal Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with 12 weeks of unpaid job-protected leave for various situations, including the birth or placement of a child and an illness of an employee or their family member. The FMLA applies to employers that have a minimum of 50 employees. The California Family Rights Act (CFRA) provides similar leave to the FMLA.
Aside and apart from CFRA and FMLA, if your employer has at least five employees, and you become disabled by your pregnancy, your employer is required to provide pregnancy disability leave under state law. The California Pregnancy Disability Leave Law allows for up to four months of leave. You should not be subjected to retaliation for seeking this leave should you become disabled by your pregnancy.
Wage and Hour LawsYour wages should be paid according to the mandates of state, federal, and local laws. We represent clients in wage and hour disputes, including violations of minimum wage laws and ordinances, overtime violations, improper classification, denial of regular meal and rest breaks, improper vacation and leave practices, and more. Consult a Dedicated Employment Lawyer in the Los Angeles Area Serving All of California
If you are concerned about potential legal violations at your workplace, you should talk to an experienced attorney. At the Kokozian Law Firm, we fight for employees. We represent employees throughout California. Call us at 323.857.5900 or contact us via our online form. We can also set up a remote consultation upon request.