FAQ

Attorney Elnaz Masoom Esq. meeting with another attorney

What is workplace discrimination?

Workplace discrimination is when someone is treated unfairly at work or faces negative actions because of their race, color, religion, sex, national origin, age, or disability.

At Masoom Law Firm, we're here to assist employees who have experienced discrimination. Our expert employment law attorneys can guide you through the legal process, ensuring you understand your rights. We're dedicated to fighting for justice. Call us at 1(408)599-3191 for a free consultation to discuss your case.

What laws protect employees from workplace discrimination?

Employees are protected from workplace discrimination by several laws at both the federal and state levels. Some of the key federal laws include:

Title VII of the Civil Rights Act of 1964
Protected Characteristics: Prohibits discrimination based on race, color, religion, sex, and national origin.
Applicability: Applies to employers with 15 or more employees.

Americans with Disabilities Act (ADA)
Protected Characteristics: Prohibits discrimination based on disability.
Applicability: Applies to employers with 15 or more employees.

Age Discrimination in Employment Act (ADEA)
Protected Characteristics: Prohibits discrimination based on age for individuals aged 40 and older.
Applicability: Applies to employers with 20 or more employees.

Equal Pay Act (EPA)
Protected Characteristics: Prohibits wage discrimination based on gender.
Applicability: Applies to most employers.

Genetic Information Nondiscrimination Act (GINA)Protected Characteristics: Prohibits discrimination based on genetic information.
Applicability: Applies to employers with 15 or more employees.

In addition to federal laws, many states have their own anti-discrimination laws that may provide additional protections. In California, for example, the Fair Employment and Housing Act (FEHA) offers protections against discrimination based on a broader set of characteristics, including marital status, sexual orientation, and gender identity.

It's essential for employees to be aware of both federal and state laws that may apply to their situation. If you believe you have experienced workplace discrimination, consulting with an employment attorney, such as those at Masoom Law, can help you understand your rights and options based on the specific laws applicable in your jurisdiction..

 What are some examples of workplace discrimination?

Examples of workplace discrimination include refusing to hire or promote someone based on their race or gender, paying an employee less because of their age or disability, or creating a hostile work environment based on someone's religion or national origin.

Workplace discrimination can manifest in various forms, and it can occur based on several protected characteristics. Here are some examples:

Race or Ethnicity:
  • Denying job opportunities or promotions based on race.
  • Racial slurs, offensive comments, or jokes in the workplace.
  • Unequal pay or benefits based on race.
Gender:
  • Paying employees of one gender less than those of another for the same work.
  • Passing over qualified individuals for promotions based on gender.
  • Subjecting employees to unwelcome advances, comments, or actions based on gender.
Religion:
  • Refusing to accommodate religious practices or beliefs.
  • Making employment decisions based on an individual's religious affiliation.
  • Harassing employees due to their religious beliefs.
Age:
  • Refusing to hire or promote based on age.
  • Subjecting older employees to discriminatory practices or harassment.
  • Setting age limits for job opportunities without justification.
Disability:
  • Failing to provide reasonable accommodations for employees with disabilities.
  • Discriminating against job applicants or employees based on perceived disabilities.
  • Harassing individuals with disabilities in the workplace.
Sexual Orientation and Gender Identity:
  • Discriminating against employees based on their sexual orientation or gender identity.
  • Creating a hostile work environment for individuals who identify as LGBTQ+.
  • Denying benefits or opportunities based on sexual orientation or gender identity.
Pregnancy:
  • Treating pregnant employees differently in terms of job assignments, promotions, or benefits.
  • Harassing pregnant employees due to their pregnancy.
  • Failing to provide reasonable accommodations for pregnant employees.
National Origin:
  • Treating employees unfairly based on their national origin or ethnicity.
  • Making hiring or promotion decisions based on stereotypes about a person's country of origin.
  • Engaging in derogatory comments or jokes related to national origin.

It's important to note that these examples are not exhaustive, and workplace discrimination can occur based on other protected characteristics as well. If you believe you have experienced discrimination, consulting with Masoom Law or other employment attorney can help you understand your rights and options.

What are the different types of workplace discrimination?

There are many different types of workplace discrimination, including:

  • Racial discrimination: treating someone unfairly because of their race or ethnicity
  • Gender discrimination: treating someone unfairly because of their gender or gender identity
  • Age discrimination: treating someone unfairly because of their age, typically over 40 years old
  • Disability discrimination: treating someone unfairly because of their physical or mental disability
  • Religious discrimination: treating someone unfairly because of their religion or religious practices
  • National origin discrimination: treating someone unfairly because of their country of origin or ancestry
  • Pregnancy discrimination: treating someone unfairly because of their pregnancy, childbirth, or related medical conditions
  • Sexual orientation discrimination: treating someone unfairly because of their sexual orientation
  • Genetic information discrimination: treating someone unfairly because of their genetic information or family medical history.

Can I be fired for reporting workplace discrimination?

No, it is illegal for an employer to retaliate against an employee for reporting workplace discrimination. If you experience retaliation* for reporting discrimination, you may have legal options to pursue.  Understand your rights, contact Masoom Law today!

*Retaliation is any type of negative action taken against an employee who has exercised their legal rights related to workplace discrimination. It is illegal for an employer to retaliate against an employee who has reported or filed a discrimination complaint. It is also illegal for an employer to retaliate against an employee who has participated as a witness in such a complaint. Retaliation can take many forms, including termination, demotion, suspension, or other types of discipline.

What should I do if I experience workplace discrimination?

If you experience workplace discrimination, it's important to take action to protect your rights and hold your employer accountable. Here are some steps you can take:

  1. Document the incident: Write down what happened, when it happened, and who was involved. Keep any relevant documents, emails, or other evidence that may support your claim.
  1. Report the discrimination: Report the incident to your employer or HR department as soon as possible. Many companies have policies and procedures in place to address discrimination complaints, so follow these procedures carefully.
  1. Consult with an attorney: An experienced employment law attorney can help you understand your legal options and advise you on the best course of action to take. They can also help you gather evidence and file a discrimination claim if necessary.
  1. Consider your options: Depending on the severity of the discrimination, you may want to consider other options such as filing a complaint with a government agency or pursuing legal action. Your attorney can help you assess your case and determine the best course of action to take.

Remember, workplace discrimination is illegal and should not be tolerated. By taking action and standing up for your rights, you can help prevent discrimination from happening to others in the future.  Marko will give you a voice, contact us today!

Can I sue my employer for workplace discrimination?

Yes, you generally have the right to sue your employer for workplace discrimination if you believe you have been subjected to discriminatory practices. Before filing a lawsuit, it's important to follow certain steps:

  1. Internal Reporting: Many employers have internal procedures for reporting discrimination. It's advisable to report the discrimination to your company's Human Resources (HR) department or follow the designated reporting process.

  1. Government Agencies: Before filing a lawsuit, you may need to file a complaint with a government agency responsible for enforcing anti-discrimination laws. In the United States, the Equal Employment Opportunity Commission (EEOC) handles discrimination claims at the federal level. State agencies may also be involved, depending on the applicable laws.

  1. Obtaining a Right-to-Sue Letter: After filing a complaint with a government agency, you may receive a right-to-sue letter, which grants you permission to proceed with a lawsuit. This is a necessary step before initiating legal action.

  1. Consulting with an Attorney: Before filing a lawsuit, it's highly recommended to consult with an employment attorney such as those at Masoom Law Firm. They can assess the strength of your case, guide you through the legal process, and help you understand your rights and options.

  1. Statute of Limitations: Be aware of the statute of limitations, which is the time limit within which you must file a lawsuit. The deadline can vary depending on the type of discrimination and the laws applicable to your case.

  1. Documenting Evidence: Collect and document evidence of the discrimination, including emails, witness statements, and any relevant documentation. This evidence will be crucial in supporting your case.

Keep in mind that employment laws and procedures can vary by jurisdiction, so it's important to seek legal advice from an attorney familiar with the laws in your area. If you believe you have experienced workplace discrimination and are considering legal action, consulting with an employment attorney, such as those at Masoom Law, can provide the guidance you need.

What damages can I recover in a workplace discrimination lawsuit?

In a workplace discrimination lawsuit, if you prevail, you may be entitled to recover various types of damages. The specific damages you can recover depend on factors such as the nature of the discrimination, the laws applicable to your case, and the extent of harm you suffered. Here are common types of damages that may be available:

  1. Compensatory Damages
  • Economic Damages: These cover financial losses directly resulting from the discrimination, such as lost wages, bonuses, or job benefits.
  • Non-Economic Damages: These include compensation for emotional distress, pain and suffering, and other intangible harms caused by the discrimination.

  1. Punitive Damages
  • Purpose: Punitive damages are intended to punish the employer for particularly egregious conduct and to deter future instances of discrimination.
  • Criteria: To be awarded punitive damages, the employer's actions must be found to be willful, malicious, or in reckless disregard of your rights.

  1. Back Pay and Front Pay
  • Back Pay: If you lost wages as a result of the discrimination, you may be entitled to back pay, which covers the income you would have earned if not for the discriminatory actions.
  • Front Pay: In some cases, if reinstatement is not feasible, the court may award front pay to compensate for future lost wages.

  1. Reinstatement or Front Pay
  • Reinstatement: If you were wrongfully terminated, the court may order your reinstatement to your previous position.
  • Front Pay: Alternatively, if reinstatement is not viable or practical, the court may award front pay to compensate for future lost wages.

  1. Attorney's Fees and Costs
  • Attorney's Fees: In some cases, the court may order the employer to pay your attorney's fees and legal costs if you prevail in the lawsuit.

  1. Injunctive Relief
  • Purpose: Injunctions may be issued to stop ongoing discriminatory practices or to enforce compliance with anti-discrimination policies.
  • Example: The court may order the employer to implement training programs or policies to prevent future discrimination.

It's important to note that the availability and extent of damages can vary based on the specific laws applicable to your case, such as Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or state anti-discrimination laws. Consulting with an experienced employment attorney, like those at Masoom Law, can provide personalized guidance based on your circumstances and jurisdiction.

How long do I have to file a workplace discrimination claim?

The time limit, known as the statute of limitations, for filing a workplace discrimination claim can vary depending on the jurisdiction and the nature of the discrimination. In the United States, the general rule is that you must file a complaint with the appropriate government agency within a certain timeframe.

For federal claims under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), you typically have 180 calendar days from the date of the alleged discrimination to file a complaint with the Equal Employment Opportunity Commission (EEOC). However, this period can be extended to 300 days if a state or local agency enforces a law that prohibits discrimination on the same basis.

In California, for example, which has its own anti-discrimination laws, the deadline is usually 1 year from the date of the alleged discrimination for filing a complaint with the California Department of Fair Employment and Housing (DFEH).

It's crucial to be aware of and adhere to these deadlines, as failing to file within the specified timeframe may result in the loss of your ability to pursue legal action. If you have experienced workplace discrimination and are considering filing a claim, it's advisable to consult with an employment attorney promptly to ensure compliance with the relevant statutes of limitations. They can provide guidance specific to your situation and jurisdiction.

Contact an experienced employment law attorney, such as Masoom Law Firm, to provide guidance on your claim.

Who is covered by workplace discrimination laws?

Workplace discrimination laws cover employees and job applicants who are members of protected classes. Protected classes can include:

  • Race and color
  • National origin or ancestry
  • Religion or creed
  • Age (for employees over 40)
  • Gender or sex
  • Sexual orientation or gender identity
  • Disability or perceived disability
  • Pregnancy or related medical conditions
  • Military status
  • Height or weight 

Employers are prohibited from discriminating against employees or job applicants based on their membership in any of these protected classes.

What are the consequences for employers who engage in workplace discrimination?

Employers who engage in workplace discrimination may face various consequences, both legal and reputational. Here are some potential repercussions:

Legal Consequences:

  • Lawsuits: Discrimination victims can file lawsuits against employers. If found liable, employers may be required to pay damages, including compensatory and punitive damages.
  • Government Investigations: Government agencies, such as the Equal Employment Opportunity Commission (EEOC), may investigate discrimination complaints. Employers found in violation of anti-discrimination laws may face fines and other penalties.

Financial Consequences:

  • Compensation Payments: Employers found guilty of discrimination may have to pay compensation to the affected employees for damages such as lost wages, emotional distress, and other related costs.
  • Legal Fees: Defending against discrimination claims can be costly, including legal fees for hiring attorneys.

Reputational Damage:

  • Public Perception: News of discrimination cases can harm a company's reputation. Negative publicity may lead to loss of customers, partners, and damage to the brand image.
  • Employee Morale: Workplace discrimination can negatively impact employee morale and engagement, leading to decreased productivity and potential talent loss.

Regulatory Compliance Issues:

  • Regulatory Sanctions: Employers may face sanctions from regulatory bodies for violating anti-discrimination laws. This could include fines, mandatory training, or other corrective actions.
  • Loss of Contracts or Certification: Some industries or government contracts require adherence to non-discrimination policies. Violations may result in the loss of contracts or certifications.

Operational Disruptions:

  • Internal Investigations: Discrimination allegations often lead to internal investigations, diverting resources and causing operational disruptions.
  • Workplace Tension: Discrimination cases can create tension and conflicts within the workplace, affecting the overall work environment.

Policy Changes and Remedial Measures:

  • Policy Revisions: To prevent future discrimination issues, employers may be required to revise and strengthen their anti-discrimination policies.
  • Training Programs: Employers may need to implement training programs to educate employees on discrimination prevention and foster a more inclusive workplace culture.

It's important for employers to proactively address and prevent workplace discrimination not only to avoid legal consequences but also to promote a healthy work environment. If you have concerns about workplace discrimination, seeking legal advice from an employment attorney, such as Masoom Law, can help guide you through the process.

Can I file a discrimination claim against my employer?

Yes, you have the right to file a discrimination claim against your employer if you believe you have been subjected to discriminatory practices. Workplace discrimination may occur based on factors such as race, gender, age, disability, religion, or other protected characteristics. To initiate a discrimination claim:

  • Document Incidents: Keep detailed records of discriminatory incidents, noting dates, times, locations, and descriptions.

  • Report to HR: Bring the matter to the attention of your company's Human Resources (HR) department. Many organizations have established procedures for addressing discrimination complaints.

  • Follow Company Procedures: Adhere to your company's internal processes for reporting and resolving discrimination issues.

  • Consult with an Attorney: If internal procedures do not resolve the matter or if you face retaliation, consult with an employment law attorney. They can provide guidance on your legal rights and potential courses of action.

Remember, it's crucial to act promptly as there are deadlines for filing discrimination claims. If you're facing workplace discrimination and need assistance, consider reaching out to Masoom Law for expert guidance tailored to California employment laws.

How can I substantiate my experience of workplace discrimination?

Establishing proof of workplace discrimination can pose challenges, but various types of evidence can bolster your claim:

  1. Direct Evidence:
  • Definition: Evidence explicitly demonstrating discriminatory intent.
  • Example: Statements from supervisors or co-workers revealing bias based on a protected characteristic (e.g., race, sex, religion).
  1. Circumstantial Evidence:
  • Definition: Indirect evidence that supports a discrimination claim.
  • Example: A discernible pattern of behavior suggesting bias or unequal treatment in the workplace.
  1. Comparative Evidence:
  • Definition: Evidence highlighting differential treatment between individuals in the protected class and those who aren't.
  • Example: Demonstrating that similarly situated individuals not in the protected class received more favorable treatment.
  1. Statistical Evidence:
  • Definition: Evidence illustrating a systemic pattern of discrimination within the organization.
  • Example: Identifying significant disparities in pay or promotion rates between protected and non-protected groups.

If you believe you've faced workplace discrimination, amassing a comprehensive set of evidence is crucial. This might include documents, emails, witness statements, and any pertinent information. Seeking guidance from an experienced employment discrimination lawyer is advisable. They can assist in evaluating your case and determining the most effective course of action.

How can I protect myself from workplace discrimination?

While completely preventing workplace discrimination may be challenging, you can take measures to protect yourself and uphold your rights. Consider the following tips:

  • Educate Yourself: Familiarize yourself with your rights and protections outlined in federal and state anti-discrimination laws. This knowledge will enable you to identify discriminatory behaviors and empower you with a better understanding of available legal options.

  • Document Incidents: Maintain meticulous records of any discrimination incidents. Note the date, time, location, and individuals involved. This thorough documentation can be crucial in building a strong case if you decide to pursue legal action.

  • Speak Up: If you encounter or witness workplace discrimination, promptly report it to your employer or HR department. Many companies have established policies and procedures for handling discrimination complaints, so ensure you follow these protocols diligently.

  • Consult with an Attorney: If you've faced discrimination, seek guidance from an experienced employment law attorney. They can provide insights into your legal rights, explain available options, and assist you through the process of filing a claim if deemed necessary.

  • Prioritize Self-Care: Recognize that discrimination can be emotionally and mentally taxing. Prioritize your well-being by seeking support from friends, family, or a therapist. If needed, don't hesitate to take time off work to address and recover from the impact.

Remember, workplace discrimination is unlawful, and nobody should endure unfair or unjust treatment. By proactively taking steps to protect yourself and your rights, you contribute to preventing discrimination not only for yourself but also for others in the future.

What should I do if I witness workplace discrimination?

If you witness workplace discrimination, it's essential to take appropriate steps to address the issue and support a fair and inclusive work environment. Here are some actions you can consider:

Document the Incident: Record details of the discriminatory behavior, including the date, time, location, individuals involved, and a description of what occurred.

Report to Management or HR: Report the incident to your supervisor, manager, or the Human Resources (HR) department. Follow your company's reporting procedures, which may involve submitting a written complaint.

Support the Victim: Offer support to the person experiencing discrimination. Let them know you witnessed the incident and encourage them to report it as well. Be empathetic and understanding.

Encourage a Safe Reporting Environment: Advocate for a workplace culture that encourages reporting of discriminatory behavior without fear of retaliation. This involves fostering an environment where employees feel safe coming forward with their concerns.

Be Prepared to Provide Information: If an investigation is initiated, be prepared to provide information to HR or other appropriate parties. Your account of the incident may be crucial in addressing the issue.

Follow Up: Check in with the person who experienced discrimination and, if appropriate, inquire about any actions taken by management or HR to address the situation.

Seek External Help: If internal processes do not address the issue or if there is retaliation, the affected individual or witnesses may consider seeking legal advice from an employment attorney. They can guide you on your rights and potential courses of action.

Remember, taking a stand against workplace discrimination contributes to a healthier work environment for everyone. If you have questions or concerns about workplace discrimination in California, feel free to contact Masoom Law for guidance tailored to state employment laws.

Can I file a discrimination claim against a coworker?

Yes, you can file a discrimination claim against a coworker if you believe you have been subjected to discriminatory behavior in the workplace. Discrimination claims typically involve actions or behaviors based on race, gender, age, disability, religion, or other protected characteristics. It's important to follow certain steps:

  1. Document the Incidents: Keep detailed records of the discriminatory incidents, including dates, times, locations, and descriptions of what occurred.

  1. Report to HR or Management: Report the discrimination to your company's Human Resources department or management. Many companies have policies in place for handling such complaints.

  1. Follow Company Procedures: Adhere to your company's procedures for reporting and resolving discrimination complaints. This may involve an internal investigation by the HR department.

  1. Consult with an Attorney: If internal processes do not resolve the issue or if you face retaliation, you may want to consult with an employment attorney such as those at Masoom Law Firm. They can provide guidance on your legal rights and options.

  1. File a Complaint with Government Agencies: If necessary, you can file a discrimination complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the appropriate state agency.

Remember, the specifics of your situation may vary, and it's advisable to seek legal advice tailored to your circumstances. If you're facing workplace discrimination and need assistance, contact Masoom Law for guidance and support tailored to California employment laws.

What should I do if I think I was passed over for a promotion because of discrimination?

If you believe you were passed over for a promotion because of discrimination, there are several steps you can take:

Document everything: Keep detailed records of any incidents that you believe indicate discrimination, including emails, conversations, and performance evaluations.

Talk to your employer: If you feel comfortable doing so, speak to your employer or HR department about your concerns. Your employer may be willing to investigate and address your concerns.

File a complaint: If speaking to your employer does not resolve the issue, you may want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's civil rights agency. You will need to provide evidence that discrimination occurred, so make sure you have documentation to support your claim.

Consult with an attorney: An experienced employment law attorney, such as those at Masoom Law Firm, can help you understand your legal rights and options, and guide you through the process of filing a claim if necessary.

It's important to note that discrimination based on race, color, religion, sex (including pregnancy), national origin, age, disability, or genetic information is illegal under federal and state law. If you have been passed over for a promotion because of one of these factors, you may have legal recourse.

Can employers use affirmative action to promote diversity?

Yes, employers can use affirmative action as a proactive measure to promote diversity within their workforce. Affirmative action involves implementing policies and practices to ensure equal opportunities for underrepresented groups, such as women, racial minorities, and individuals with disabilities. While affirmative action aims to address historical disadvantages and promote diversity, it must be implemented carefully to comply with legal requirements.

In California, as in many other states, affirmative action programs should be designed to promote equal opportunity and diversity without creating quotas or preferences that violate anti-discrimination laws. Employers should ensure that their affirmative action efforts are in line with applicable state and federal regulations, promoting a fair and inclusive workplace without engaging in discriminatory practices. If you have questions or need guidance on implementing affirmative action in your organization, contact Masoom Law for expert advice tailored to California employment laws

 What should I do if I am facing discrimination based on my disability?

If you are facing discrimination based on your disability, there are several steps you can take:

  • Document everything: Keep detailed records of any incidents that you believe indicate discrimination, including emails, conversations, and performance evaluations.

  • Request a reasonable accommodation: If you need a reasonable accommodation in order to perform your job, you can request one from your employer. Your employer is required to provide reasonable accommodations unless doing so would cause undue hardship.  Make sure to request an accommodation in writing and explain your disability, the specific accommodation you need, and why.  Include supporting documentation such as doctor’s notes.

  • Talk to your employer: If you feel comfortable doing so, speak to your employer or HR department about your concerns. Your employer may be willing to investigate and address your concerns.

  • File a complaint: If speaking to your employer does not resolve the issue, you may want to file a complaint with the Equal Employment Opportunity Commission (EEOC) or your state's civil rights agency. You will need to provide evidence that discrimination occurred, so make sure you have documentation to support your claim.

  • Consult with an attorney: An experienced employment law attorney can help you understand your legal rights and options, and guide you through the process of filing a claim if necessary.

It's important to note that discrimination based on disability is illegal under federal and state law. If you have been discriminated against based on your disability, you may have legal recourse.  Masoom Law Firm is here to help.  Contact us at 1(408)599-3191 to schedule your free consultation.

 How can I find a reputable discrimination attorney?

Here are some ways to find a reputable discrimination attorney:

  • Referrals: Ask friends, family, or colleagues if they know of any discrimination attorneys or if they have had a positive experience with one.

  • Online Search: Look for attorneys who specialize in employment law or discrimination law on reputable legal directories or websites, such as Super Lawyer, Avvo, or FindLaw.

  • Bar Association: Contact your state or local bar association for a referral to a qualified employment discrimination attorney.

  • Legal Aid: If you cannot afford an attorney, contact your local legal aid society to see if they offer assistance in discrimination cases.

  • Initial Consultation: Masoom Law, like many attorneys, offers a free initial consultation. Take advantage of this to ask questions, learn about their experience and approach, and to determine if they are the right fit for you.

It's important to choose an attorney who has experience and a track record of success in handling discrimination cases, and who is responsive to your needs and concerns.  Research the Verdicts and/or Testimonials from past clients.  Ask your attorney about their past results and the last time they actually tried a case to a jury.

 

 How much does it cost to hire an employment discrimination attorney as an employee?

Most employment law attorneys work on a contingency fee basis, meaning they don't charge upfront fees and only get paid if you win your case. This fee is typically a percentage of your settlement or verdict.  This is called the “No Fee Guarantee”.

Contact Masoom Law Firm at 1(408)599-3191 to schedule your free consultation.

 What laws protect employees from gender discrimination in California?

Employees in California are protected against gender discrimination by both federal and state laws. At Masoom Law, we are committed to ensuring our clients understand and benefit from these crucial protections.

The primary federal law addressing gender discrimination is Title VII of the Civil Rights Act of 1964. This law prohibits employers from engaging in discriminatory practices based on gender, covering various aspects such as hiring, promotions, pay, and other conditions of employment.

In addition to federal protection, California has its own robust state law known as the California Fair Employment and Housing Act (FEHA). FEHA specifically prohibits discrimination based on sex and other protected categories in employment and various other contexts.

Under these legal frameworks, employers in California are explicitly prohibited from discriminating against employees or job applicants based on gender. This protection extends comprehensively across employment processes, including hiring, promotions, termination, salary decisions, and other conditions of employment. Furthermore, employers are not allowed to create a hostile work environment based on an employee's gender, encompassing protection against harassment and other forms of mistreatment.

Employees who believe they have experienced gender discrimination can take action by filing a complaint with relevant authorities such as the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). If needed, our team at Masoom Law is here to guide and support individuals in pursuing legal action to uphold their rights under California law.

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What is an Employment Litigator?

An employment litigator is a legal expert focused on resolving disputes within the workplace. Whether it's addressin, discrimination, harassment, or contractual issues, these attorneys specialize in navigating the intricacies of employment law. They serve as advocates for their clients, employing negotiation skills and, when necessary, litigating cases in court to ensure fair and just outcomes in employment-related conflicts.

What are labor disputes?

Masoom Law Firm P.C. represents employers in all types of labor disputes, including those involving:

  • Overtime pay
  • Minimum wage
  • Commissions and other performance-based pay
  • Employee classification (exemptions from overtime)
  • Meal and rest breaks
  • Vacation pay
  • Severance pay

What is civil litigation, and how does it differ from other types of legal proceedings?

Civil litigation is a legal process where two or more parties resolve disputes through the court system. It differs from criminal proceedings, which involve the government prosecuting individuals for violating laws. In civil litigation, individuals or entities (such as businesses) seek legal remedies, like monetary damages or specific performance, for perceived wrongs or breaches of contract.

What types of disputes commonly lead to civil litigation between employees and employers?

 Disputes between employees and employers often involve issues such as wrongful termination, discrimination, harassment, breach of contract, wage and hour violations, or workplace safety concerns. These disputes may arise from disagreements over employment contracts, company policies, or alleged violations of labor laws.

As an employee, what are my rights if I believe my employer has violated employment laws or contractual agreements?

As an employee, you have the right to seek legal recourse if you believe your employer has violated employment laws or contractual agreements. This may involve filing a complaint with a government agency such as the Equal Employment Opportunity Commission (EEOC), pursuing civil litigation, or negotiating a resolution with your employer.

As an employer, what steps should I take if an employee brings a civil lawsuit against my company?

If an employee brings a civil lawsuit against your company, it's essential to consult with legal counsel promptly. Your lawyer can help you understand the allegations, assess the strength of the case, gather evidence, and formulate a defense strategy. It's crucial to take the lawsuit seriously and respond appropriately to protect your company's interests.

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What is the best business entity structure for my startup, and how do I choose?

 Choosing the best business entity structure depends on various factors such as your business goals, level of risk, tax implications, and management preferences. For example, a sole proprietorship offers simplicity but exposes you to personal liability, while a corporation provides limited liability but involves more regulatory requirements. Consider consulting with a legal or financial advisor to assess your specific needs and make an informed decision.

What are the main differences between sole proprietorships, partnerships, LLCs, and corporations?

Each business entity structure has its unique characteristics. Sole proprietorships and partnerships offer simplicity but provide no liability protection, while LLCs and corporations offer limited liability protection but involve more administrative requirements. Additionally, corporations issue stock and have a formal management structure, while LLCs offer flexibility in management and taxation.

 How do I register my business entity with the appropriate authorities?

 The process of registering a business entity varies depending on your location and the type of entity you choose. Typically, you'll need to file formation documents with the appropriate state agency, such as the Secretary of State's office, and obtain any necessary licenses or permits. Consider consulting with a legal advisor or using online resources to ensure compliance with local regulations.

 What are the legal and tax implications of choosing a specific business entity structure?

 The legal and tax implications of choosing a business entity structure vary based on factors such as liability protection, ownership structure, management flexibility, and tax treatment. For example, corporations are subject to double taxation, while LLCs offer pass-through taxation. It's essential to consider these implications carefully and consult with legal and tax professionals to make an informed decision.

 What are the advantages and disadvantages of forming a limited liability company (LLC) versus a corporation?

 LLCs offer limited liability protection, flexibility in management and taxation, and fewer regulatory requirements compared to corporations. However, corporations provide perpetual existence, access to capital markets through stock issuance, and a formal management structure. Consider your business goals, risk tolerance, and administrative preferences when choosing between the two.

 Do I need to have a physical office address to register my business entity?

 In many cases, you don't need a physical office address to register your business entity. You can use your home address, a virtual office, or a rented mailbox as your business address. However, it's essential to ensure that your chosen address complies with local regulations and is suitable for receiving official correspondence.

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