FAQ

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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.

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!

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*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.

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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.

2. 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.

3. 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.

4. 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!

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:

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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.

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2. 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.

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3. 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.

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4. 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.

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5. 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.

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6. 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.

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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.

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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:

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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.

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2. 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.

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3. 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.

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4. 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.

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5. 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.

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6. 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.

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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.

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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.

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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.

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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).

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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.

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

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

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• 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.

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

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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.

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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:

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

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• 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.

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

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• 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.

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• File a Complaint: If necessary, you may file a complaint with government agencies such as the Equal Employment Opportunity Commission (EEOC) or the relevant state agency.

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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.

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

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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).

2. Circumstantial Evidence:

• Definition: Indirect evidence that supports a discrimination claim.
• Example: A discernible pattern of behavior suggesting bias or unequal treatment in the workplace.

3. 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.

4. 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.

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

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• 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.

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• 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.

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• 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.

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• 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.

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• 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.

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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.

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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:

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

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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:

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

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2. 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.

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3. 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.

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4. 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.

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5. 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.

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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.

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

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

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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.

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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.

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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.

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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.

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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.

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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

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

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

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• 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.

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• 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.

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• 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.

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• 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.

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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.

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Here are some ways to find a reputable discrimination attorney:

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

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• 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.

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

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

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• 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.

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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.

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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.

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.

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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.

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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.

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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.

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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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