What we do for a living often defines who we are. A substantial part of our lives is spent at work, working tirelessly to get the job done. Too often, victims of employment discrimination think they should just put up with the unfair treatment and hope that things get better. But suffering in silence does not make the wrongful conduct go away. SLF can help you stand up for your rights.
Discrimination in the workplace is illegal. You may hold your employer responsible for violating your rights if your employer has discriminated against you on the basis of your:
- National Origin
- Perceived disability
- Record of a disability
- Sexual orientation
These are all protected categories under the federal statute, Title VII of the Civil Rights Act, and under California's Fair Employment and Housing Act (FEHA).
The attorneys at The Sampath Law Firm are dedicated to advancing workers' rights and fighting discrimination in the workplace. If you believe that you have been treated differently because you are part of a protected category as listed above, contact our office to see if you have a potential case.
HOW DO I PROVE DISCRIMINATION?
Discrimination comes in many different forms. Direct evidence is the easiest way to show that discrimination occurred. Direct evidence includes statements by managers or supervisors that directly relate to the adverse employment lawyers action taken against you precisely because you are a member of a protected category. For example, if your employer tells you that you are being terminated because you are disabled and the company does not want to accommodate your disability, you have direct evidence that your protected class status was the cause of your termination. This evidence can be in the form of verbal comments or statements written in letters, e-mails, memos, or notes.
But direct evidence in today's workplaces is rare. You may also prove discrimination through circumstantial evidence. Generally, to do so you must show that you were treated differently than a similarly situated employee who is not in your protected class. For example, imagine a scenario where you and a coworker applied for a promotion, and you were more qualified but the other individual - not of your same race, sex, national origin etc. - got the promotion over you. In that case, you could prove discrimination if your employer could not articulate a legitimate, non-discriminatory reason for promoting the other person, or if you could show that your employer's stated reason for not promoting you was false.
WHAT SHOULD I DO?
Your first step should be to work through your supervisor or human resources department. If possible, you should also keep a diary of events as they occur and get the names of witnesses that can verify what happened. If your employer fails to take corrective action or if the offending conduct continues, you may have a case. An attorney at The Sampath Law Firm can review your situation and discuss your legal options. Contact our office for an initial consultation.