Saturday, November 15, 2014

Seeking Legal Assistance Against Employment Discrimination

A workplace that is free from discrimination, harassment, and retaliation is what every California employer wants. Not only that, but that is also what they are entitled for, since they are protected under various federal and state laws. For the most part, California is one of the states in the U.S. that are protective of employees and applicants.

The Fair Employment and Housing Act (FEHA) is one of the statutes that currently exists and being implemented in the state, aside from the known federal laws that we know of, like Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Americans with Disabilities Act (ADA), and a plethora of others. The FEHA, while similar with the federal employment and labor laws when it comes to structure, differ in such a way that it provides broader definitions and extensive protections. For example, the FEHA protects employees against discrimination on the basis of gender identity and gender expression, whereas the Title VII does not, although they both protect individuals against workplace bias on the basis of sex.
Nevertheless, employers covered by the FEHA (employers with 5 or more workers), as well as by the other federal employment and labor laws (15 or more, except the ADEA that applies to 20 or more employees), must make it a point to ensure equal opportunity in their workplaces for all applicants and employees, regardless if they are a member of a protected class such as race, gender, skin color, etc. Employers must also ensure that their employment policies, practices, and actions are non-discriminatory in nature.

Why discrimination in the workplace still prevail

 Despite the prevailing laws, not all covered employers are able to follow these California laws, wherein they either do such intentionally or unintentionally. The sad reality of it all is that not all employees and applicants are aware of their rights in the workplace. Fortunately enough, those who are able to do exercise their legal rights are able to obtain the justice they deserve, and erring employers that are found to be violating employment and labor laws face either liability or stiff penalties.

 Basically, workplace discrimination still prevails and is still a common issue in employment, whether it is in Los Angeles, or in any other part of California. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) even stated that approximately 7,000 charges of discrimination were filed in the state. They also come in the form of harassment, as well as retaliation. Both of these actions are not allowed under the federal and employment laws.

What a victim of discrimination can do
 Being discriminated in the workplace is a thing no one should ignore, which is why it is imperative for aggrieved employees and applicants to seek legal assistance by hiring a workplace discrimination lawyer, or filing a complaint with either the Equal Employment Opportunity Commission (EEOC) or the California Fair Employment and Housing Act (FEHA). Doing so in the soonest possible time will help them obtain the needed compensation for their emotional and financial suffering, as well as be able to obtain justice they truly deserve from their erring employers.