When unlawful conduct impacts an individual’s employment, unreasonably hinders an employee’s work performance, or produces an intimidating, hostile, or offensive work environment, the Oakland, CA discrimination lawyer at the Law Office of Jeannette A. Vaccaro can help recover compensation.
Employment discrimination happens when employers treat a job seeker or an employee with unequal, unfavorable treatment because of a protected characteristic or protected conduct. The right to be free from discrimination and harassment is granted by California’s Fair Employment and Housing Act (FEHA), which prohibits discrimination and harassment in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and any other aspects of employment. Protected characteristics include:
Discrimination and harassment are also prohibited when it is based on certain protected conduct, including:
The law forbids unlawful discrimination against applicants for employment and existing employees in employers with five or more employees and prohibits harassment in all workplaces.
Notably, the law doesn’t cover independent contractors, however, the fact that an employee is called an independent contractor doesn’t automatically mean that they are actually an independent contractor for the purposes of anti-discrimination and anti-harassment laws. Rather, the courts analyze if the worker is in business for themselves and if the employer has the right to control the means and ways of the worker’s performance. As such, even a worker who has been categorized as an “independent contractor” may still be protected by FEHA.
Additionally, other laws might prohibit specific types of discrimination against independent contractors or employees of small companies. Therefore, even if FEHA doesn’t apply, an applicant, employee, or independent contractor might still be protected against unlawful discrimination in the workplace. It is always worth discussing the matter with a workplace discrimination attorney.
The damages a court can award for a workplace discrimination claim depend on the type of claim filed. Damages refer to all the financial and emotional losses a person suffers as the result of an employment discrimination dispute. Damages are awarded to the victim to put them back into the same place they would have been if they had not lost their job or had some other discriminatory action taken against them. In most employment discrimination claims, employees can receive the following types of damages:
By speaking with a well-versed Oakland, CA discrimination attorney, you can find out what types of damages and what amounts you might be entitled to receive.
Taking legal action against your employer can be intimidating, but at the Law Office of Jeannette A. Vaccaro, we level the playing field for you and fight to protect your rights. No matter your employment issues, we’re ready. We do not shy away from defending your rights or hesitate to take your case to trial if it is necessary to maximize the compensation that you deserve. Contact us today to meet with an experienced Oakland, CA discrimination attorney who knows what your rights are and will defend them to the fullest.
Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.