Workplace Discrimination in Oakland, CA

Discrimination in the workplace is a serious problem that affects individuals and families in Oakland. Despite state and federal laws, many workers still face unfair treatment on the job.

If you or someone you know has experienced discrimination at work, take action and seek legal representation. This article provides resources for those who may need legal assistance. Read on to learn more and fight for a more just and equitable workplace.

What Is Workplace Discrimination?

The concept of workplace discrimination refers to the inequitable handling of individuals based on various factors. The protected characteristics include race, gender, sexual orientation, physical disability, appearance, or age. 

In Oakland, California, labor laws prohibit workplace discrimination and allow employees to take legal action. You do not even have to be a current employee. Even a job applicant rejected due to a discriminatory factor may be able to make a claim.

Below are some of the frequently observed forms of discrimination that take place in Oakland, CA:

• Refusing to employ an individual due to their disability
• Denying a promotion to someone on account of their race
• Excluding someone from a project based on age-related prejudices from management
• Making derogatory and sexist comments about women
• Intentionally paying male workers more than their female counterparts

Should You File a Complaint With the HR Department or the EEOC?

The majority of businesses in Oakland, CA have a human resources department. These professionals typically take responsibility for dealing with workplace discrimination issues. Raising concerns with a HR representative may involve written reports, a face-to-face interviews, and further inquiries.

A company may lack a human resources department or official policies regarding discrimination. In such instances, you may need to escalate your concerns to the Equal Employment Opportunity Commission (EEOC). The EEOC can aid in examining your claim and potentially initiating legal proceedings.

The EEOC will investigate your charges against your employer in Oakland. Their efforts may involve interviewing witnesses and reviewing documents. Then they will decide whether there is reasonable cause to believe discrimination has occurred. If they agree with your assertions, the parties may engage in settlement negotiations. However, the timeline for these steps can vary depending on the complexity and the agency’s caseload.

What Laws Protect Against Discrimination in the Workplace?

There exist federal laws that safeguard employees from workplace discrimination. In Oakland, employees have protections through Title VII of the Civil Rights Act of 1964. Nevertheless, several states have more robust regulations that provide more options to workers.

To illustrate, California is the pioneer state in providing legal protections. The state passed a law for ethnic hair and the freedom to wear it naturally. In contrast, in other states, employers can discriminate against natural hair as a form of racial discrimination.

California has several other laws that prohibit workplace discrimination. For instance, the Fair Employment and Housing Act (FEHA) prohibits bias based on protected characteristics. Among others, these attributes include the following:

• Age

• Race

• Religion

• Gender

• Sexual orientation

• Marital status

Title VII of the Civil Rights Act of 1964

This law prohibits employers from discriminating based on race, religion, sex, color, or national origin. Generally, it pertains to organizations with a minimum of 15 employees. But it also applies to public and private schools or labor groups. The primary responsibility of enforcing this law is with the EEOC.

California has a robust history of enacting civil rights and human rights legislation. It was among the first to ban discrimination based on sexual orientation and gender identity. Additionally, legislators have implemented measures to protect workers’ rights in Oakland and promote access to healthcare.

Other Notable Applicable Federal Discrimination Laws

• Equal Pay Act (EPA) – Deals with equal pay act for men and women
• Age Discrimination in Employment Act (ADEA) – Protects workers aged 40 and over
• Americans with Disabilities Act – Protects employees with physical disabilities

Examples of State Workplace Discrimination Laws

• California: Family Rights Act (CFRA) – requires employers in Oakland with five or more employees to offer job-protected leave.

• New York: Human Rights Law – Prohibits discrimination.. Includes expansions to include ethnic hair, sexual orientation, and gender identity as characteristics with protections
• Washington: Washington State Law Against Discrimination – Makes discrimination illegal, including discrimination against disabled people who rely on service animals

What Is the Workplace Discrimination Process Like?

Submitting a complaint for workplace discrimination in Oakland, California can be complex. This unfortunate fact is particularly relevant when the attributes only have protections through local regulations. While the EEOC enforces federal laws, some claims are solely eligible under state legislation.

Filing a Claim

Employees must file within approximately 180 days when dealing with federal discrimination claims. Given the time sensitivity of discrimination claims, early assistance from a discrimination attorney is advisable.

In Oakland, CA, claimants submitting discrimination claims must furnish some essential details. They must provide the employer’s name, the parties involved, and their view of the incident. Additionally, the EEOC needs contact information for everyone related to the issue.

Once the investigation commences, the agency may ask for additional information. In such cases, the concerned parties usually have adequate time and opportunities to provide the required details.

Investigating the Claim

The inquiry may involve interviews with the affected Oakland employee and other personnel. Additionally, anyone else who possesses relevant information may face questions. If the agency determines the claim is valid, settlement or mediation typically comes next. Consequently, both sides may have the incentive to compromise.

However, the court system gets involved if the parties fail to resolve their differences. The employee’s lawyer will issue a “Right to Sue” letter to start the proceedings. This document grants their client the right to pursue legal action independently.

If you disagree with the EEOC findings, you can appeal their decision. But they must receive your request within 30 days. Alternatively, you may file a lawsuit in a federal court in Oakland against your employer.

Work With an Experienced Workplace Discrimination Lawyer In Oakland, California

It is advisable to engage a Oakland attorney specializing in discrimination matters immediately. Ideally, you can resolve the issue internally by following the proper HR protocols. But it is not unusual for some employers to mishandle these cases.

If you are contemplating legal action, the assistance of a lawyer becomes even more crucial. A discrimination attorney in Oakland, CA can file the paperwork, prepare you for questioning, and help locate corroborating witnesses.

If the court rules in your favor, you might become entitled to several compensatory benefits:

• Payment for lost wages
• Advancement to a higher position
• Reinstatement to the previous job
• Compensation for projected future earnings
• Reasonable adjustments or “reasonable accommodations” to the work environment
• Payment of attorney fees, court expenses, and expert witness charges

Are you ready to find out if you are eligible for these benefits in Oakland? Start with a no-obligation case review.

Submit a request online or call us today at (866) 345-6784 to schedule a consultation!