Why Choose Us Over Other Workplace Discrimination Lawyers in San Diego?
Eugene Bruno & Associates won’t let anything stand in our way when we’re fighting to protect the rights of San Diego employees. In fact, we’ve been getting justice for our clients for over 30 years and are ready to help you.
Eugene Bruno & Associates | Workplace Discrimination Law Firm Serving San Diego
- Our law firm offers a free initial case consultation.
- Our law firm has a 99.7% success rate, having recovered millions of dollars for our clients.
- Our attorneys have over 85 years of combined legal experience.
- Firm founder and lead attorney Eugene Bruno is part of National Trial Lawyers Top 100.
Let’s Discuss Your Case Today | Call 1-888-BRUNO-88 (1-888-278-6688)
Do You Have a Workplace Discrimination Claim?
Workplace discrimination cases revolve around unfair treatment based on protected characteristics. These cases can involve various issues, such as wrongful termination, harassment, or biased hiring practices. Key elements of a workplace discrimination case include proving that discrimination occurred and showing how it was motivated by a bias against an employee’s protected characteristic.
When you meet with Eugene Bruno & Associates for your free consultation, we’ll review your case and go over your options to find a legal remedy that includes compensation for your losses.
What Damages Can You Recover for a California Workplace Discrimination Case?
Recovering damages for discrimination involves claiming compensation for the harm you have suffered due to unfair treatment. Lost wages refer to the income you would have earned if not for discrimination. A successful claim can result in recovering lost wages, helping to alleviate the financial strain caused by discrimination.
Lost benefits are another important type of compensation in discrimination cases. These can include health insurance, retirement contributions, and other employment-related benefits lost due to discrimination. Also, California allows you to seek compensation for non-economic damages, such as emotional distress, anxiety, and depression.
What Are Your Legal Rights as a California Employee?
California law requires employers to create a safe, non-discriminatory work environment, and retaliation against employees who file discrimination complaints is prohibited.
Federal laws protect employees from discrimination based on:
- Race
- Color
- Religion
- Sex
- National origin
- Age
- Disability
- Genetic information
Federal laws like the Americans with Disabilities Act (ADA) and Title VII of the Civil Rights Act also offer protections. The Civil Rights Act of 1964 is another cornerstone law that prohibits discrimination based on race, color, religion, sex, or national origin. Other significant laws include the Age Discrimination in Employment Act and the Americans with Disabilities Act.
How a San Diego Workplace Discrimination Attorney Can Help
Eugene Bruno & Associates will guide you through the legal process and advocate for your rights. We’ll be there to represent you at all hearings and proceedings related to your case. Our lawyers work to help you in the following ways:
- Understand each stage: Gain clarity on what to expect and how to prepare.
- Reduce stress: Experience less anxiety knowing you have specialized assistance.
- Focus on recovery: Allow your attorney to handle legal aspects, enabling you to concentrate on personal recovery.
I fight to level the playing field when dealing with insurance companies that routinely deny claims or make ‘low ball’ settlement offers. I am tough, battle tested, and trusted.” – Amir M. Shoar
California Employment Laws That Protect You
In California, protected characteristics include race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, and genetic information. California law provides robust protections to a wide range of employees. For example, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on race, gender, age, and other factors.
Race and Color Discrimination
Race and color discrimination involves unfair treatment based on an individual’s race or skin color. This type of discrimination can occur during hiring, promotions, or daily workplace interactions.
Sexual Orientation Discrimination
Sexual orientation discrimination occurs when individuals are treated unfairly because of their real or perceived sexual orientation. In the workplace, signs of sexual orientation discrimination can be subtle or overt. For example, they might appear as excluding an employee from team activities or making inappropriate jokes targeted toward LGBTQ individuals.
Harassment, such as derogatory remarks or jokes, creates a hostile work environment. Recognizing these signs early on can prevent escalation and promote a positive workplace culture.
Age Discrimination
Age discrimination targets workers over 40, often affecting hiring, promotions, or benefits. The Age Discrimination in Employment Act (ADEA) protects workers from such biases.
It’s important for employees to recognize signs of discrimination, such as being bypassed in favor of younger candidates or facing age-related jokes. Additional signs of age discrimination may include exclusion from projects or training opportunities. Also, if younger employees receive preferential treatment, this may indicate bias.
Discrimination Based on Genetic Information
Genetic information discrimination involves unfair treatment based on genetic markers, such as family health history or genetic test results. Employers should not use this data to make employment decisions. Key issues include:
- Privacy: Employers cannot request or use genetic information.
- Non-discrimination: Employment decisions must not consider genetic data.
- Legal recourse: Violations can lead to legal action.
Marital Status Discrimination
California law recognizes various marital statuses, including single, married, divorced, and widowed. Under California law, marital status is a protected class, which means individuals cannot be discriminated against and should not face disadvantages in their professional lives based on this information.
For instance, an employer cannot deny a promotion because they believe a single person might be less stable than a married colleague. Recognizing marital status as a protected class ensures that personal life choices do not unfairly impact professional opportunities.
Military or Veteran Status Discrimination
Military protections ensure that members of the armed forces are not disadvantaged in the workplace. These protections cover both active duty and reserve members. In particular, veterans face unique challenges in the workplace. California laws aim to provide veterans with specific protections, ensuring that they are not discriminated against due to their service history and can transition smoothly into the workforce.
For example, veterans are entitled to reasonable accommodations for service-related disabilities. Employers are required to make necessary adjustments to support their reintegration into civilian employment.
Additionally, under the Uniformed Services Employment and Reemployment Rights Act (USERRA), individuals called to military duty must be allowed to return to their civilian jobs.
Discrimination Based on Religion
Religious protections are designed to ensure that individuals can practice their faith freely without facing discrimination. These protections apply to all aspects of employment, from hiring to daily practices.
California laws provide robust protections against religion-based discrimination. The FEHA and the Unruh Civil Rights Act are some of the laws that address these rights. Under these laws, employers are required to accommodate religious practices unless they cause undue hardship.
Employers must also provide reasonable accommodations for religious practices, such as prayer times or religious dress codes. The law requires a balance between accommodating religious needs and maintaining business operations. Examples of such accommodations might include flexible scheduling for religious holidays or allowing specific attire.
Gender Identity Discrimination
Gender identity rights in California ensure that individuals are not discriminated against based on their gender identity or expression. The law requires employers to allow individuals to express their gender identity freely. This includes using preferred names and pronouns and providing access to appropriate facilities.
Respecting gender identity in the workplace fosters a culture of inclusivity and respect. Thus, employers are encouraged to educate their staff on these rights to prevent discrimination.
Sex Discrimination
Sex discrimination occurs when someone is treated unfairly because of their gender. This can happen in hiring, promotions, or even daily work interactions. For instance, if a woman is passed over for a promotion simply because she’s female, that’s sex discrimination.
One common example is the gender pay gap, where women are paid less than men for performing the same job. This disparity can lead to financial and career setbacks.
Addressing sex discrimination involves recognizing these patterns and taking corrective actions. Employees should feel empowered to speak up, and employers must establish fair practices and equal opportunities for all genders.
Pregnancy
Pregnancy discrimination happens when an employee is treated unfavorably—such as being fired, demoted, or denied a promotion—due to pregnancy, childbirth, or pregnancy-related medical conditions. For example, if a pregnant employee is refused a promotion because her employer assumes she won’t return after maternity leave, that’s discrimination.
For employers to combat this, workplace policies should support pregnant employees. This includes offering reasonable accommodations and ensuring their rights are protected throughout their pregnancy and after childbirth.
National or Ancestry Discrimination
National origin discrimination involves unfair treatment because of someone’s birthplace, ethnicity, or accent. Ancestry discrimination is similar but focuses on a person’s ethnic background or cultural heritage.
An example is when an employee is mocked or criticized for their accent, leading to a hostile work environment. This type of behavior harms the individual and the workplace culture.
Disability Discrimination
Disability discrimination refers to unfair treatment—such as refusing to hire, promote, or provide necessary workplace adjustments—based on someone’s physical or mental disability.
For example, if an employee using a wheelchair is not given access to facilities, it’s a clear case of discrimination. California law requires employers to provide reasonable accommodations to support disabled employees.
Discrimination Based on a Medical Condition
Medical condition discrimination involves unfair treatment of an employee due to a health issue, such as a chronic illness or a genetic condition. Employers might fail to provide necessary accommodations or even terminate employment unjustly. For instance, if an employee with diabetes is denied flexible work hours to manage their condition, it’s a form of discrimination.
