The Role of an Employment Discrimination Lawyer

In an ideal world, all employees and job applicants in the workforce would be treated fairly and equally at all times. The unfortunate truth, however, is that employment discrimination can happen in virtually any workplace environment, resulting in thousands of claims filed each year in California.  

When faced with a case of discrimination in the workplace, you might not know where to turn. You might be facing pressure from supervisors or be worried about retaliation or termination.

While there are legal protections in place to protect your rights, having an employment discrimination lawyer on your side can make things go more smoothly, and an attorney can be a powerful advocate when it comes to investigating the issues, filing claims, or representing you in court.

This article outlines the important role of an employment discrimination lawyer.  
 

What Is Employment Discrimination?

The first step in understanding the role of an employment discrimination lawyer and knowing whether you have a case is to be informed about what employment discrimination is and what it is not.

By definition, employment discrimination involves treating an employee or job application differently based on certain characteristics that are part of a “protected class.”

In California, these characteristics include:

• Race and ethnicity
• National origin
• Sex, gender identity, and gender expression
• Age (age 40 and above)
• Disabilities
• Religion
• Pregnancy or pregnancy-related conditions

Treating one differently can mean firing, demoting, or disciplining someone unfairly. It can also involve harassing someone, as well as making inappropriate jokes and comments. It’s important to note, however, that being mean or rude doesn’t necessarily rise to the level of employment discrimination. Though this behavior is unprofessional and undesirable, the treatment must be specifically linked to one’s status in a protected class.

The Role of Discrimination Attorneys

Discrimination attorneys provide legal advocacy, support, and representation to individuals who have faced discrimination at work or in the job hunting process. The role of an employment discrimination lawyer is to uphold the principles of fairness, justice, and equality by holding employers accountable for discriminatory practices while seeking compensation and/or redress for their clients.

This role of providing workplace bias legal support is multi-faceted, and can encompass a variety of tasks, including:

• Providing legal counsel and advice: When you first speak with an employment discrimination lawyer, you’ll explain what has happened and your attorney will help to put things into context and advise you on your rights, as well as next steps.
   
• Evaluating your case and creating a strategy: After gathering information about your case, an attorney can begin reviewing and gathering evidence to support your claims.
   
• Protecting you against retaliation: If an employer decides to retaliate against you for filing a claim, your attorney can instill protective measures to prevent this from happening or pursue a legal remedy if it does.
   
• Filing administrative complaints: There are typically deadlines and procedures in place for filing a discrimination complaint. Your attorney will help with these administrative tasks.
   
• Negotiating with the defendant: Before resorting to litigation, both parties can engage in alternative tactics to resolve a dispute, including mediation to determine appropriate monetary settlements, changes to policies, or other solutions.
   
• Representing you in court: If an amicable solution cannot be reached, filing a lawsuit may be necessary. The role of an employment discrimination lawyer here is helping you to navigate this process and represent you in court.
   
• Advocating for change: Though there has been a downward trend in complaints filed with the Equal Employment Opportunity Commission, there are still thousands of complaints filed annually.
  
  Attorneys may participate in legislative lobbying to influence laws and public education in order to help raise awareness of employment discrimination issues.  

Types of Relief Available for Employment Discrimination Cases

While every employment discrimination case is indeed different, an attorney will consider pursuing the following compensation and equitable relief:

• Lost wages (back pay for the time you’re not working)
• Future lost wages (“front pay” to compensate you for the time it takes to find a new job or compensation for a lower-paying new job)
• Emotional distress
• Attorney’s fees
• Any out-of-pocket expenses
• The cost of reasonable accommodations
• Punitive damages
• Being hired or reinstated
• Changes to current policies

Proving Discrimination in the Workplace

Filing a workplace discrimination complaint is not an automatic win. The elements of your case need to be established by a preponderance of the evidence before a plaintiff in a discrimination claim can be successful. The following elements must first be established:

1. Prove that you are in a protected class,
2. Demonstrate that you possess the qualifications for the job,
3. Establish that you actually experienced an adverse treatment, and
4. The treatment was based on your status in the protected class

Discuss Your Case With an Employment Discrimination Attorney

For experienced employment law representation, contact the compassionate legal team at Kent Pincin. We’re committed to providing you with the dedicated legal support to pursue your claim while keeping your stress levels to a minimum. Schedule a free consultation at 310.376.0922.