Coyle Browne Law

San Diego Workplace Discrimination Lawyer

San Diego Workplace Discrimination Lawyer

Every person deserves to be given a fair and equal chance to earn a living if they are willing and able to work. In addition to monetary damages, harassment and discrimination in the workplace can result in serious harm for the victim including emotional stress, and mental health disorders. If you have been a victim of workplace discrimination, you may be entitled to compensation for the damages you suffered. To find out about your rights and protections under the law, the San Diego workplace discrimination law team at Coyle Browne Law can help you.

Why Choose Our Workplace Discrimination Firm? 

Coyle Browne Law is a team of employment and civil rights lawyers dedicated to representing employees, tenants, and individuals who have been discriminated against, harassed, or retaliated against because of their protected status. We aggressively pursue justice for our clients. 

Our team of lawyers only represent employees, not employers. Although our founding partner, David Browne, began his career working for an employment law firm that represented both employees and employers, Coyle Browne Law is focused on employees. Our collective experience representing defendants gives us invaluable insight with which to approach our cases.

When you choose Coyle Browne Law, you can count on our honesty at every stage of the process. We pride ourselves on good communication, honesty, and aggressive advocacy. We want every client to feel like they are being listened to and we keep clients in the loop as their case progresses to achieve the best solution possible in their case.

We offer free consultations, and if we take your case, we do not charge up-front fees or costs. You only pay when we win.

Workplace Discrimination Laws in California 

Workers in California are protected against discrimination by federal and state laws. Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination based on race, color, religion, sex and national origin. Under Title VII, discrimination based on sex includes pregnancy, childbirth, or related medical conditions. The workplace discrimination provisions under Title VII apply to employers with 15 or more employees.

Workers in California are also protected under the state’s Fair Employment and Housing Act (FEHA). Under FEHA, businesses with five or more employees cannot discriminate against a person based on their race, religion, color, national origin, ancestry, physical or mental disability, reproductive health decision-making, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.

Unlawful Practices 

For employers that are covered by the law, the following practices based on a person’s protected status are unlawful:

  • Refusal to employ a person.
  • Refusal to select the person for an employment training program. 
  • Termination of a person’s employment.
  • Discrimination against a person in compensation or other privileges of employment.

There are exceptions to the general rule. Under Government Code § 19420, the exceptions are as follows:

  • An employer may refuse to hire or terminate a person with a physical or mental disability, if the person, because of their disability, is unable to perform their essential duties even with reasonable accommodations, or cannot safely perform their duties even with reasonable accommodations.
  • An employer may refuse to hire or terminate a person with a medical condition who, because of their medical condition, is unable to perform their essential duties safely, without endangering themselves or others, even with reasonable accommodations.
  • With regard to marital status, an employer has the right to reasonably regulate the benefits provided to each employee, and the working of spouses in the same department, in light of safety and fairness to other employees.

Family Medical Leave Act and California Family Rights Act

The Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) are federal and state laws that protect eligible workers’ rights to take job-protected leave to care for themselves or their close family members without fear of retaliation or termination. To be eligible under the FMLA or the CFRA, you must meet the following requirements:

  • Your employer is a public employer or a private employer with at least 50 employees
  • You have worked over 1,250 hours within the last 12 months of employment
  • You have worked with your employer for at least one year

Types of Workplace Discrimination Lawsuits 

Discrimination in the workplace can show up in many different ways and employers can be held liable for their actions even before a protected person is an employee. The following pre-employment activities can give rise to a discrimination lawsuit:

  • Job postings or advertisements
  • Application, screening, or job interview questions
  • Pre-employment training or apprenticeship programs

During employment, the following activities may result in a discrimination lawsuit:

  • Working conditions
  • Compensation and benefits
  • Transfer and promotion benefits
  • Leave allowance
  • Termination

Workplace discrimination lawsuits can be based on age, disability, equal pay, race, nationality, religion, pregnancy, sex, harassment, retaliation, or constructive termination. To succeed in a workplace discrimination lawsuit, the victim must prove that they suffered discrimination based on their protected status. If you have questions about your particular experience, an experienced workplace discrimination lawyer can help you understand your rights and legal options.

What Damages Can You Recover 

The value of your case and what damages you can recover will depend on the specific facts of your case. Your case may either be resolved by a negotiated settlement, or, if the case goes to trial, a court award. The damages you can recover include your actual damages such as:

  • Lost wages and benefits
  • Future lost earnings
  • Mental anguish
  • Attorney’s fees

Depending on the facts of your case, you may also be able to recover punitive damages if the employer’s actions were especially egregious. Your workplace discrimination lawyer will be able to assess the value of your case after reviewing the facts. However, no lawyer can guarantee or predict the amount of damages you will recover.

Contact Us Today 

Proving workplace discrimination can be very challenging, however, the team at Coyle Browne Law has the skill and experience to handle your unique circumstances. If you have been harmed by workplace discrimination, you need a San Diego discrimination lawyer who will aggressively pursue your interests and recover the compensation that you deserve. Call us today at 800-421-2594 or email team@coylebrownelaw.com to schedule your free consultation.

 

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