Employment Discrimination: Your Rights in the Workplace

Employment Discrimination: Your Rights in the Workplace : 

Employment Discrimination: Your Rights in the Workplace Presented by: American Advantage Law Group, Inc.

DISCLAIMER : 

DISCLAIMER This is an information seminar only. American Advantage Law Group, Inc. does not make any warranty regarding the up to date information provided. American Advantage Law Group, Inc. does not render any opinion regarding any specific case. This presentation does not establish any client-attorney relationship. If you have any questions regarding your specific case, we strongly recommend you seek an attorney’s advice.

Discrimination Claims Can Be Brought Under Both Federal and California Law : 

Discrimination Claims Can Be Brought Under Both Federal and California Law There a number of different laws that protect employees from discrimination. The two most frequently utilized in California are the Fair Employment and Housing Act and Title VII of the Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, it is illegal to discriminate in any aspect of employment including: Hiring and firing Compensation, assignment or classification of employees Transfer, promotion, layoff, or recall Job advertisements Recruitment Testing Use of company facilities Training and apprenticeship programs Fringe benefits Pay, retirement plans, and disability leave Other terms and conditions of employment

Discriminatory practices under these laws include harassment on the basis of: : 

Discriminatory practices under these laws include harassment on the basis of: Race, color, religion, sex, national origin, disability, age, equal pay, pregnancy, or retaliation Discriminatory practices under these laws also include: Retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices Employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities Denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Damages in Employment Law : 

Damages in Employment Law In California, if the employer has fired the employee (or if the employee has been forced to leave or was never given the job) because of discrimination or harassment, the employee can recover (sue) for the following: Past lost wages Other past benefits (Example: car allowance) Future Lost Wages and Benefits (The amount of wages and benefits that will be lost in the future). However, see “Mitigation” below General Damages (This includes emotional distress and pain and suffering) Punitive Damages (This is an amount of money designed to punish the employer and make an example of him/her) Attorney fees and costs (This is what the employee spent on lawyers to sue the employer)

Who Can File a Charge of Discrimination? : 

Who Can File a Charge of Discrimination? Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person’s identity

What information must be provided to file a charge? : 

What information must be provided to file a charge? The complaining party’s name, address and telephone number The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known A short description of the alleged violation (The event that caused the complaining party to believe that his or her rights were violated); and The date(s) of the alleged violation(s)

What are the time limits for filing a charge of discrimination? : 

What are the time limits for filing a charge of discrimination? All laws enforced by EEOC, except the Equal Pay Act, requires filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed: A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party’s rights This 180-day filing deadline is extended to 300 days if the charge is also covered by state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days These times limits do not apply to claims under the Equal Pay Act, because under that Act people do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.

Contact Information : 

Contact Information American Advantage Law Group, Inc. Email: americanlawfirm411@gmail.com Phone: (949) 863-1888 Fax: (949) 863-1888 www.americanadvantagelawgroup.com