Whittier Employment Discrimination Lawyer’s Ready to Represent You
Marina, a young Hispanic female, has worked at a department store as an attendant for several years. She would like to be promoted to management, but needs to attend an internal management seminar as the first step. Marina has asked her supervisor each time the seminar is offered, but he has not yet recommended her. Over the years, he has recommended several less-experienced Caucasian employees who have attended the seminar and subsequently been promoted to management.
Marina believes she is not being recommended for the seminar because of her race. If you’ve been discriminated against by your employer like Marina, contact our employment attorneys in Los Angeles for a free consultation.
Discrimination: What is It?
Discrimination in hiring and firing is illegal both on the state and federal levels. Although California provides many more protections for employees than the federal government, proving you were terminated because of discrimination can still be very difficult. In order to move forward with a wrongful termination suit based on discrimination, you must be able to show you were fired because of your:
- National origin;
- Genetic information;
- Medical condition;
- Sexual orientation or identity;
- Military or veteran status;
- Mental or physical disability; or
- Marital status.
You also cannot be fired for being the victim of domestic violence, assault or stalking. In cases where having a particular characteristic, such as gender, is required for the job itself, discrimination is not illegal.
What will you need to prove?
To prove that your termination was based on discrimination, you’ll have to show that:
- An employment relationship existed between you and your employer;
- The relationship was terminated by your employer; and
- Your inclusion in one of the protected classes listed above was a substantial motivating reason for why you were terminated.
The easiest type of discrimination case to prove is one with direct proof. If your employer says, “You are too old for this job, we’re firing you,” you have direct proof. But because the law prohibiting discrimination is so clear, it is rare that an employer will be behave this way outright.
In the absence of direct proof, most successful cases of discrimination are proven using this method of indirect proof.
- First, you must prove that you are qualified for the job and that other employees not in your class were not terminated.
- Then when the company responds with their reason for your termination, you must prove that their reason is false.
Because California is an at-will state, and you can be fired for any or no reason, proving discrimination can be very difficult. But if you believe you were fired for being part of any of the classes listed above, contact us here for a free consultation. Our Los Angeles County employment discrimination attorneys have years of experience proving discrimination in firing, and we are here to help you.