Victim of Discrimination, Sexual Harassment or Retaliation in California?Call an Experienced San Diego Employment Discrimination Lawyer
Under both federal and state laws, discrimination, sexual harassment and retaliation are all illegal in California. Any employer who discriminates or retaliates against an employee or permits sexual harassment may be subject to damages, including emotional distress, wage loss, punitive damages, and the payment of attorneys’ fees. At Pope, Berger & Williams, LLP, we believe that employees subject to such practices deserve a remedy, and that it is important for employers to understand how to avoid any possible discrimination or harassment, how to inform employees about their rights should any improper harassment or discrimination occur, and how to defend such claims if necessary.
California Discrimination Laws
California employers are prohibited from discriminating on the basis of:
If an employer discriminates against an employee, that individual can file a lawsuit or administrative complaint against the employer. Employment discrimination laws apply to employees, but not to independent contractors (although harassment laws do protect contractors). However, if an employer has misclassified an employee as an independent contractor, then that employee may still be covered by discrimination laws.
Sexual Harassment
Sexual harassment is any unwelcome conduct of a sexual nature that is severe or pervasive and that affects working conditions or creates a hostile work environment. Such conduct can be verbal, written, physical or visual. If an employee rejects a sexual advance and is later terminated, refused a promotion, demoted or reassigned because of that rejection, it is possibly sexual harassment. Consensual behavior is not sexual harassment, but any form of sexual harassment is prohibited by both federal law under Title VII of the Civil Rights Act of 1964 and by state law under the California Fair Employment and Housing Act [FEHA]. San Diego sexual harassment cases are not taken lightly by the California courts.
Retaliation Issues
If an employer files a discrimination or harassment claim against an employer, federal and state laws prohibit that employer from retaliating against that employee. Retaliation includes demoting, suspending, terminating or harassing an employee because of the employee’s complaints. This is true even if the harassment or discrimination claim is determined to be invalid, as long as the employee had a reasonable belief that there was unlawful discrimination or harassment.
If you are facing a situation where discrimination, sexual harassment or retaliation may be at issue, you should consult with a San Diego discrimination lawyer. At Pope, Berger & Williams, LLP, we understand the laws surrounding employment issues and strive to help our clients avoid any potential conflicts. Contact a San Diego discrimination lawyer at our firm for more information. |
