Sacramento Employment Lawyer

Employment Law Attorney Serving Sacramento, Oakland and Surrounding Areas

California has some of the most employee-friendly laws in the United States. If you have an issue with your employer, seek advice from a Sacramento employment lawyer. An employment law attorney can assist you with many legal matters, including discrimination, unfair treatment, harassment, denial of reasonable accommodations, inappropriate questions during the interview process, and retaliation.

Employees working in 507286, and throughout California, are protected by many federal and state level employment laws. If you believe your rights as an employee have been violated, our lawyers are here to help you fight for the compensation you deserve.

The Sacramento employment lawyers at Ward Law Firm litigate in California and federal courts. We negotiate and obtain settlements on behalf of employees and workers. Our law firm handles cases on behalf of individual employees and are willing to bring class and collective actions.

What Is Employment Discrimination?

Employment discrimination is when an employer treats someone unfairly based on a prejudice against the person. Laws apply to current, past, and prospective employees, including full-time, part-time, seasonal, or temporary workers, workers from a work placement program, interns, trainees, apprentices, and some volunteers.

People with certain traits are more likely to receive unfair treatment by an employer. These groups are called protected classes or protected categories, and they include the following protected traits:

• Race and skin color
• Religion
• Sex, which includes pregnancy, gender identity/expression, and sexual orientation
• National origin or ethnicity
• Disability
• Age, specifically people 40 years old and older
• Genetic information
• Military or veteran status
• Lawful immigration status or citizenship
• Marital status

Discrimination can include a wide range of actions and behaviors and can come from anyone involved with the business. This can include managers, supervisors, co-workers, vendors, clients, customers, contractors, or others. Businesses can be held accountable for their employees’ actions and, in some cases, for non-employees’ actions as well. The following actions are prohibited when based on protected traits:

Unfair Treatment

Employers have a responsibility to protect their employees from unlawful discrimination and to respond if discrimination occurs. This covers every area of employment, from fair hiring practices to ensuring that the daily operations of the business do not create a hostile work environment. No company policy or practice can have a disproportionately negative impact on employees or applicants of a protected category, including the following:

• Job advertisements, recruitment, referral, and employment reference practices
• Job assignment and promotion
• Applications and hiring decisions
• Wages and benefits like paid time off, health insurance, and overtime
• Disciplinary actions and decisions about layoffs and recalls
• Dress code

Harassment

Harassment is any offensive conduct, action, or pattern of behavior based on a person’s protected characteristics, like race, gender, religion, or disability, that creates a hostile work environment or that a person has to endure to keep their job. It is common for a work environment to have factors that may make an employee uncomfortable, and criticism, minor disagreements, unfavorable performance reviews, or unpleasant coworkers are not harassment on their own.

In some cases, these behaviors may qualify as harassment when combined with offensive conduct that makes an employee feel unsafe or unable to do their job. In order to qualify as harassment, the behavior has to be:

• Unwelcome
• Directed toward a protected class
• Severe and pervasive enough that it interferes with the employee’s work duties
• Carried out by someone in the workplace
• Known to the employer, who does not take appropriate corrective action

Offensive conduct may be offensive jokes, slurs, insults, ridicule, or other name-calling, physical intimidation, threats, or assault, either verbal or nonverbal, including images and electronic communications like emails. It is also important to note that the person being targeted by the behavior is not the only one who may have grounds for a harassment claim, and a person does not have to lose their job or suffer financial damage to file a claim.

Denial of Reasonable Accommodations

Employees have the right to request reasonable accommodations for disability, and employers are required to provide such accommodations if it does not pose a threat or undue hardship. These might include accessible parking, closed captions in video meetings, or providing assistive technology like screen-reading software. Accommodations may also be needed for pregnancy and childbirth, such as light duty and flexible scheduling for doctor appointments.

Employers also have to make reasonable accommodations for religious purposes. Such accommodations can include time off or shift swaps for religious holidays or Sabbath observance, providing a quiet area for prayer, or permitting exceptions to dress codes like hijabs or yarmulkes, or grooming policies such as permitting beards.

Inappropriate Questions

Employers are prohibited from asking questions related to protected characteristics during the interview process. For example, it is illegal for an employer to ask about an applicant’s age, religion, or marital status. Further, employers can ask about related issues when they directly impact the job, but have to be careful when asking about information such as work authorization versus citizenship status.

Retaliation

It is also illegal for employers to retaliate against an employee for filing a discrimination complaint or assisting or complying with someone else’s complaint. Retaliation could be demotion, cutting back hours, negative performance reviews, denying promotions, or terminating employment. Proving retaliation can be complicated because you have to establish a link between the employee’s activity and the employer’s action.

Fighting For the Rights of California Employees

The attorneys at The Ward Law Firm are dedicated to standing up for the rights of our clients. Our goal is to help people like you achieve the desired outcome in their legal case by providing fierce advocacy and trusted legal representation. We bring over a decade of experience to every case, and our top priority is to focus on the goals of our clients. These are people who have experienced discrimination in various forms, such as:

• Age discrimination – It is illegal to discriminate against employees or applicants who are 40 years of age or older.
• Pregnancy discrimination – Employers can’t take adverse action against an employee because of their pregnancy status, and an employer is obligated to make reasonable accommodations for pregnant employees. In addition, pregnant employees are entitled to take time off to recover from childbirth.
• Sexual harassment – Includes but is not limited to unwanted sexual advances; sexual jokes, insults, or name calling; or requests for sexual favors. Can also be discrimination when it involves taking adverse reactions against a person based on their sex, gender identity, gender expression, or other related traits
• Race and color discrimination – Includes but is not limited to discrimination because of race, skin color, or personal traits like hair texture or facial features or because the employee is married to or associated with someone of a certain race. Can also be harassment.
• Religious discrimination – Includes but is not limited to discrimination or segregation, refusing reasonable accommodations, or harassment based on an employee’s stated or perceived religion, including religious clothing, garb, hairstyles, or grooming
• Wrongful termination – California is an at-will state, which means an employer does not need cause to terminate an employee. But it is illegal to fire a worker due to discrimination, harassment, retaliation, or claiming rights such as taking family or medical leave

California Employment Discrimination Facts

The most recent data by the California Civil Rights Department (CRD) shows that more than 11,600 employment discrimination or harassment complaints were filed in 2023, which resulted in more than 4,000 investigations. In addition, almost 15,000 Right to Sue notices were issued related to employment discrimination or harassment, meaning individuals chose to forego the investigation process and decided to take legal action.

As the state capital, Sacramento sees many legal cases at the state and federal levels, including the $100 million discrimination settlement with Riot Games at the Spring Street Courthouse. This settlement was to remedy violations against 1600 women employees.

Wrongful Termination, Discrimination, and Harassment Claims

Wrongful termination, harassment, and discrimination against a protected trait like race, sex, gender, religion, disability, or age are unlawful and punishable under multiple state and federal laws. These laws are handled by various agencies, and each has a different process, including a statute of limitations, which is only a few months in some cases.

If you work in Sacramento and are being treated unfairly or illegally in the workplace, we can help. Discrimination is not something to handle without a lawyer. Your skilled employment attorney at The Ward Firm has a deep knowledge of the laws and filing procedures. State CRD and federal EEOC (Equal Employment Opportunity Commission) have a work share agreement, which means a complaint with one agency will automatically be shared with its counterpart.

Employment Discrimination Law in California

The main laws that govern employment discrimination are federal and primarily enforced by the EEOC. California adds to these protections with state regulations as well, which are overseen and enforced by the CRD. Some of the relevant laws include:

• Title VII of the Civil Rights Act of 1964. Sometimes called only Title VII, this is the primary federal law that prohibits employers from harassing or discriminating against applicants and employees based on their protected characteristics. This law also outlines restrictions on retaliation against employees who assert their legal protections.
• The Americans with Disabilities Act (ADA). This federal law provides protections against discrimination for the more than four million residents of California with disabilities, plus those who have a record of a disability or are perceived as having a disability, even if they do not. This is also the law that requires employers to make reasonable accommodations for disabilities.
• The Age Discrimination in Employment Act (ADEA). A federal law that makes it illegal to discriminate against an employee or applicant who is 40 years old or older and requires equal benefits for older employees.
• The Genetic Information Nondiscrimination Act (GINA). Federal law that specifically prohibits harassment or discrimination based on genetic information, such as family medical history, makes it illegal for employers to gather genetic information about employees in most situations and requires employers to keep genetic information confidential.
• Family Medical Leave Act (FMLA). This federal law requires employers to permit certain unpaid leave to employees for medical reasons, while preserving the employee’s employment status and health benefits.
• Fair Employment and Housing Act (FEHA). California law that expands on Title VII to include additional protected classes, such as marital status, includes businesses with fewer employees, and provides higher damages for victims. More than 25,000 claims were filed under FEHA in 2023.
• California Family Rights Act (CFRA). Similar to FEHA, this state law expands on FMLA to include a broader definition of family that includes domestic partnerships and also includes employers with fewer employees.

Don’t Face Employment Discrimination Alone

Discrimination cases can be complicated, especially when the actions fall under multiple laws and enforcement agencies, and a simple mistake can have a significant impact on the outcome of the case. The burden of proof in a discrimination case is on the employee. This means the person who is facing discrimination or harassment has to show that the company engaged in illegal treatment of a person in a protected category.

At The Ward Firm, our experienced and compassionate legal team is committed to helping workers who have been treated unfairly and holding employers accountable when they violate employees’ rights. We fight for individuals who are wrongfully treated in the workplace and need help standing up for their rights. You can trust in the experience we offer to protect your interests in light of the employment discrimination you are facing.

FAQs

Q: How Much Does an Employment Lawyer Cost in Sacramento?

A: The cost to hire an employment lawyer in Sacramento can vary, depending on the facts and complexity of the case, as well as the lawyer’s reputation and experience. Attorneys charge based on the time they spend on a case, so more complex cases that involve multiple issues have generally higher fees. Many employment lawyers charge on a contingency basis, which means you only pay if they win your case. Ask about fees during your first consultation.

Q: Should I Tell HR I’m Getting a Lawyer?

A: No, you do not need to tell HR that you’re getting a lawyer if you have not yet hired one. Once you do hire an employment lawyer for your legal claim, they will likely advise you to inform HR and request that they communicate directly with your lawyer regarding the case. Your attorney can give you more information about how to handle this in your specific circumstances.

Q: What Is the Difference Between a Labor Lawyer and an Employment Lawyer?

A: The difference between a labor lawyer and an employment lawyer is that labor lawyers generally represent labor unions and the members of those unions, while an employment lawyer handles a wider range of legal issues related to the workplace. For most workers who are not in a union, an employment lawyer is the one they need to consult with in the event of harassment, discrimination, or wrongful termination.

Q: Is an Employment Discrimination Claim Worth It?

A: Whether an employment discrimination claim is worth it can vary from one case to the next, depending on the strength of the case, potential for recovering damages, and your personal goals. A skilled employment lawyer can help you weigh the advantages and disadvantages, as well as calculate the potential damages you may be awarded if you win your case.

Our Experienced Professionals Can Protect Your Rights

If you work in Sacramento and are being treated unfairly or illegally in the workplace, we can help.

At The Ward Firm, we provide aggressive, knowledgeable employment law representation. Our founding attorney, Justin L. Ward, is a skilled Sacramento litigator who works hard for his clients. Let him fight for you as well. Call us at 916-443-2474 or send us an email using our contact form to schedule a consultation.