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GENERAL EMPLOYMENT DISCRIMINATION FAQs

1. What are the laws that prohibit workplace discrimination?  There are many laws that protect employees against workplace discrimination.
   1. Title VII of the Civil Rights Act of 1964, Title 42 United States Code Section 2000e, et seq – prohibits workplace discrimination on the basis of race, color, religion, sex and national origin.
   2. Americans with Disabilities Act (ADA) - prohibits discrimination based on disability.
   3. Age Discrimination in Employment Act - prohibits age discrimination.
   4. Equal Pay Act – prohibits gender discrimination.
       
2. What do “race” and “national origin” mean under anti-discrimination laws?
   1. "Race" is interpreted as classes of persons identifiable because of their ancestry or ethnic characteristics. Anti-discrimination race laws are not limited to traditional minorities, but also prohibit discrimination against Whites as well as Blacks, Hispanics or Asians; and discrimination against males as well as females.
   2. "National origin" is defined by the Equal Employment Opportunity Commission (EEOC) as the physical, cultural, or linguistic characteristics of a particular national group. This definition also includes the birthplace of individuals or their ancestors.
       
3. How can I prove that I was discriminated against?  In order to prove discrimination, the following actions must occur:
   1. the discrimination is due to race, age, religion, disability, etc.
   2. the employer treated comparable employees more fairly, and
   3. the reason offered by the employer to justify the unequal treatment is untrue
       
4. Should I retain an attorney to bring forth a discrimination suit?  Yes. It would be very difficult for an employee to pursue a discrimination case in civil court without an attorney. As such, it is best to retain an attorney at the beginning of the case, even before a claim is filed, because the content of the claim may limit an employee's ability to recover damages in a civil lawsuit otherwise. It is important that the employee retain an attorney with special knowledge and skills in the area of employment discrimination law.
    
5. What are the costs involved with hiring a lawyer?  Oftentimes, it will cost you nothing until the case is resolved. Lawyers can work for their clients on a “contingency fee” basis. This usually means that the lawyer will bear ALL the costs and fees for his/her services until the case is resolved in the client’s favor.
    
6. What are recoverable damages in an employment discrimination case?  If a plaintiff can prove discrimination he/she is entitled to recover damages for:
   1. past and future medical treatment
   2. past and future wage loss
   3. damages for pain, suffering and emotional distress and,
   4. if the plaintiff can establish bad enough conduct on the part of the company, punitive damages (i.e., damages intended to punish the employer). Note: Government entities cannot be sued for punitive damages.
       
7. Can I recover my attorney fees if I win?  Typically, if the employee wins a claim of discrimination, harassment or retaliation, they are entitled to be compensated for their attorney's fees by the employer. This is true whether or not the attorney has been hired on a contingency fee basis.
    
8. What if I am an independent contractor and not an actual employee of a company? Can I still sue for employment discrimination?  Maybe. The definition of an “employee” is anyone under the direction/control of an employer regardless of whether the employment relationship was based on an oral or written contract. Independent contractors may or may not fall within the definition of "employee" for discrimination claims. However, independent contractors can bring harassment claims against the company.
   An attorney experienced in employment discrimination law can best access your claim and help you decide if you have a case.
    
9. What do I need to do to pursue my claim?  Each state has different and complex laws regarding employment discrimination cases. It is best to contact an attorney experienced in employment discrimination law to discuss your case and what steps to follow.
    
10. What are the statutes of limitations to bring my discrimination lawsuit?  Under most state laws, you have to file a claim with the DFEH or EEOC within one year of the date your claim "accrued." To be safe, an employee should bring a claim within one year of the first known act of discrimination. It is best to contact an attorney experienced in employment discrimination laws to help determine the statutes of limitations in your particular case.
     
11. What kinds of discriminatory actions are illegal?
    1. failing or refusing to hire or promote
    2. failing or refusing to refer for employment
    3. failing to train
    4. discharging (firing), and
    5. "otherwise discriminating with respect to compensation, terms, conditions, or privileges of employment"
        
12. Will my employment discrimination case settle out of court?  Most likely, yes. Most employment discrimination cases settle before trial. However, most significant settlements do not occur until there has been at least some litigation. An attorney experienced in employment discrimination law can best assist you with your case.

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