San Diego Employment Discrimination Lawyer

Employment discrimination continues to be a pervasive issue affecting workers across San Diego. If you believe you have faced discrimination at work based on your age, race, gender, religion, disability status, or other protected characteristics, you may have grounds for a legal claim.

The experienced attorneys at the Hamparyan Law Firm can provide the counsel and representation to assert your rights. Call us at (619) 550-1355. Our San Diego workplace discrimination attorneys offer a free and confidential consultation to review your case.

Types of Workplace Discrimination

Several federal laws, as well as California state laws, protect employees from discrimination in the workplace. Some of the most common protected categories include:

Age Discrimination

The Age Discrimination in Employment Act (ADEA) protects employees over 40 years old from discrimination based on age. Signs of age discrimination can include:

• Derogatory comments about your age
• Being passed over for promotions
• Harsher discipline compared to younger coworkers
• Reduced responsibilities or demotions.

Age discrimination remains prevalent, with 11,500 claims filed in 2022 alone. Our attorneys can help you determine if differential treatment constitutes unlawful age bias.

Disability Discrimination

Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employees with disabilities are entitled to reasonable accommodations enabling them to perform essential job functions. Disability discrimination occurs when employers:

• Fail to provide reasonable accommodations
• Deny equal employment opportunities
• Subject employees to harassment or hostile work environments.

If you have faced discrimination related to a physical or mental disability, the Hamparyan Law Firm can help you uphold your rights.

Sexual Orientation and Gender Identity Discrimination

While federal laws do not explicitly protect LGBTQ employees, California state law mandates that employers must not discriminate based on sexual orientation or gender identity. Unlawful conduct includes:

• Denying promotions due to sexual orientation
• Failing to use an employee’s preferred name or pronouns
• Harassment, bullying, or hostile remarks related to gender identity.

No employee should feel unsafe or unwelcome at work due to their sexual orientation or gender identity. Our attorneys are committed allies in the fight for LGBTQ workplace equality.

Sexual Harassment Discrimination

Sexual harassment in the workplace involves unwelcome sexual advances, requests for sexual favors, or other verbal or physical harassment of a sexual nature. This can create an intimidating, hostile, or offensive work environment. Signs of sexual harassment include:

• Unwanted sexual jokes, gestures, or physical contact
• Requests to go on dates despite rejections
• Promotions or other job benefits offered in exchange for sexual favors.

Whistleblower Discrimination

Whistleblower discrimination occurs when an employee suffers retaliation for reporting illegal activities or misconduct at work. Protected whistleblowing actions include:

• Filing a complaint with OSHA about workplace safety violations
• Reporting fraudulent accounting practices internally
• Cooperating with law enforcement investigations into company practices.

Employees have legal protections against retaliation under state and federal whistleblower laws.

Pregnancy and Parenthood Discrimination

The US Pregnancy Discrimination Act prohibits workplace discrimination based on pregnancy, childbirth, or related conditions. Unlawful discriminatory acts include:

• Failure to provide reasonable accommodations such as frequent breaks
• Denial of promotions purely due to being pregnant or a new parent
• Harassment related to pregnancy or parental status.

Both male and female employees have legal protections against this form of discrimination under California law.

If you have reasonable cause to believe you experienced discrimination based on these or other protected characteristics, the Hamparyan Law Firm can aggressively defend your rights. Discrimination should never impede anyone’s career or wellbeing in the workplace. We pour our skills and resources to assert our clients’ entitlements, including compensation for the unfair treatment they suffered.

The Damaging Effects of Workplace Discrimination

Beyond taking a toll on employees’ dignity, any type of discrimination inflicts financial, emotional, and professional harm, including:

• Lost wages from pay disparities or wrongful termination
• Healthcare costs stemming from stress and anxiety
• Limited career advancement opportunities
• Difficulty securing future employment.

Additionally, enduring a hostile work environment can negatively impact victims’ self-esteem, personal relationships, and overall wellbeing.

Your Legal Protections Against Discrimination in San Diego

Federal and California employment laws establish robust protections against workplace discrimination and harassment. Employees facing bias may have grounds for legal recourse, including:

Filing an EEOC Complaint

The US Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws. Filing an EEOC complaint starts an investigation into unlawful workplace practices.

Pursuing State Claims

In addition to federal laws, California’s Fair Employment and Housing Act (FEHA) prohibits discrimination across all stages of employment based on protected characteristics like age, race, gender, and disability status.

Hiring an Employment Discrimination Lawyer

An experienced attorney can help employees seek justice if they have faced discrimination at work. Legal remedies may include back pay, reinstatement, compensatory and punitive damages, and mandatory policy changes.

Having your rights violated at work can make employees feel powerless. However, you have legal options to fight back against discrimination. Talk to us at Hamparyan Law Firm in a free, confidential consultation to learn your legal avenues for justice.

Navigating the Discrimination Investigation Process

It’s understandably daunting to confront discrimination head-on by filing an EEOC charge or lawsuit. Our employment discrimination attorneys at Hamparyan are ready to guide and protect clients through every step of the investigation process:

Step 1: Documenting Evidence

To help substantiate your allegation, start tracking discriminatory incidents through written records and witness accounts. Where permitted, audio or video recordings also strengthen evidence. Our firm can assist with thorough evidence collection.

Step 2: Filing a Complaint

Once sufficient evidence is gathered, our attorneys help clients file the appropriate EEOC charges or state FEHA claims. We handle all aspects of drafting complaints to make them as polished and compelling as possible.

Step 3: The Employer’s Response

The employer must then submit a written position statement responding to allegations. The Hamparyan Law Firm will aggressively counter any false narratives or attempts to distort the truth.

Step 4: Mediation

Many claims enter mediation upon conclusion of the investigation. Our lawyers fiercely negotiate towards securing the maximum reasonable settlement. If talks stall, we are fully prepared to take claims to litigation. With seasoned attorneys guiding you, the lengthy discrimination claim process becomes much less intimidating.

Compensation in Employment Discrimination Cases

Employment discrimination can inflict substantial financial harm through lost income, diminished earning capacity, and mounting healthcare costs. Successful claimants may recover multiple types of damages:

Back Pay

Plaintiffs can recoup unpaid wages they would have earned if not for the discrimination or wrongful termination. This covers lost salary, overtime, bonuses, benefits, and other job-related earnings.

Front Pay

Where reinstatement is impractical, front pay provides future income to offset reduced earning potential from blackmarks on employment records.

Emotional Distress Damages

Discrimination victims can seek emotional distress damages for depression, anxiety, panic attacks, PTSD, and other mental health consequences.

Punitive Damages

These are additional amounts the violator must pay in cases of especially egregious or reckless discrimination.

Why Choose the Hamparyan Law Firm?

With a track record of securing favorable verdicts and settlements for California victims, the Hamparyan Law Firm brings invaluable experience to discrimination cases. Our firm offers:

• Free case evaluations – Call (619) 550-1355 to discuss your situation with an attorney at no cost.
• Decades of litigation expertise – Founder Robert Hamparyan has over 20 years of successful practice in California.
• A record of results – We have recovered over $100 million for clients across various legal areas, with a commitment to obtain maximum compensation for those who have suffered losses.
• Adaptability – We are fully prepared to take cases to trial but also excel at mediation and settlement negotiations.
• Multilingual services – Our attorneys offer consultations in English and Spanish.

We genuinely care about our clients and pursue every case with a vigorous, impassioned approach. Contact us to schedule a free consultation if you have faced workplace discrimination.

Frequently Asked Questions About Workplace Discrimination

What should I do if I am facing discrimination in the workplace?

If you suspect you are facing discrimination at work, you should immediately start documenting all incidents of unfair treatment, including dates, times, who was present, and details on exactly what happened. This documentation will serve as critical evidence if you later decide to file a claim.

You may also consider reporting the issue to a supervisor or your company’s HR department, but be aware they may be more loyal to the company than to protecting your rights as an employee. Speaking with an employment discrimination lawyer can help you understand your options and build the strongest case possible.

What types of evidence do I need to prove workplace discrimination in San Diego?

Some key forms of evidence to prove workplace discrimination may include documentation of harassing incidents, inappropriate emails or comments, eyewitness testimony, audio or video recordings (if legal and permissible), personnel file documents showing unfair policies or treatment, EEOC or state agency charges, and testimony from expert witnesses. An attorney can help gather and preserve critical evidence.

Can I still file a claim if I signed an NDA with my employer?

In many cases, yes. An NDA (non-disclosure agreement) may aim to prevent you from publicly disparaging a company, but likely does not prohibit filing a discrimination claim with the EEOC or similar agency. Additionally, certain rights cannot ever be signed away, so an attorney can review your NDA to advise if it is enforceable.

What compensation is available in employment discrimination cases?

Remedies available in employment discrimination cases may include back pay, front pay, reinstatement to your job, emotional distress damages, punitive damages, and attorneys’ fees. Settlements can also include non-monetary provisions like policy changes or workplace training requirements. The specific relief granted depends on the case details and applicable state laws.

How long do I have to file an EEOC complaint for discrimination?

You must file an employment discrimination charge with the EEOC within 180 calendar days from the date the discrimination took place. This deadline extends to 300 days if the charge is also covered by a state or local anti-discrimination law. Given the tight filing windows, it’s essential to contact an attorney as soon as possible for guidance in pursuing an EEOC complaint or lawsuit.

What happens after I file a complaint with the EEOC?

After filing the charge, the EEOC will interview you and also serve notice on your employer. They will then investigate by interviewing witnesses, gathering evidence, and reviewing your employer’s position statement. The EEOC may offer voluntary mediation or propose a settlement on your behalf.

If no resolution is reached after investigation, the EEOC will either represent you in a lawsuit or (more likely) give you a “Right to Sue” letter. This letter notifies you that you may file a lawsuit against your employer, and formally ends the EEOC’s investigation.

Should I get a discrimination attorney to help with my employment discrimination claim?

Yes, it can be invaluable to consult an employment law attorney who’s experienced in discrimination cases. A San Diego workplace discrimination lawyer should be able to navigate the EEOC complaints system, build winning legal arguments, negotiate for maximum settlements, and litigate in court if necessary. Having representation usually leads to far greater compensation.

Is mediation or arbitration better for San Diego discrimination cases?

Mediation is typically preferable to arbitration in employment discrimination cases. During voluntary mediation, an impartial third-party mediator facilitates confidential settlement talks between the employee and company representatives. Mediation allows both sides to clarify misunderstandings, explore legal and factual issues, and find common ground. Arbitration resembles an informal trial with limited rights to appeal the arbitrator’s decision. Mediation often best serves employees’ interests.

How long does a workplace discrimination case usually take to resolve?

Most employment discrimination lawsuits settle out of court within 6 to 24 months after filing the complaint. However, complex cases involving multiple plaintiffs, class actions, or requests for substantial policy changes may drag on over several years. Factors impacting timeliness include the number of parties involved, how contentious negotiations become, judges’ caseloads, and courts’ backlogs. An attorney can provide case-specific time estimates.

Looking for a San Diego Employment Discrimination Law Firm? Call the Hamparyan Law Firm for a Free Consultation. 

For a free and discreet consultation with an experienced employment discrimination lawyer, call Hamparyan Law Firm at (619) 550-1355 today. Protecting your rights requires urgent action, so do not delay.