Employment Lawyer in Orange County, California
Are you facing wrongful conduct at work in Orange County, California? Knowing if the actions taken by your employer are illegal is not always easy. Our employment law attorneys are currently offering free consultations over the phone and through video to assess claims of wrongful termination. California laws are designed to protect employees from a wide range of violations at work, including retaliation and discrimination. Employment attorney, Mohamed Eldessouky, helps workers understand their rights under these laws and how to enforce them. Mr Eldessouky is experienced at litigating common workplace violations that workers face and fights for them at the Orange County Courthouse. Any worker who has had their employment rights violated can find legal guidance and representation at Eldessouky Law.
Under the labors laws in CA, it is illegal to subject workers to a hostile work environment or deprive them of fair wages. Our employment law firm incessantly works on behalf of employees in the state to fight this unlawful conduct, including wage and hour violations and wrongful termination. If you are being mistreated in any way by your employer, Eldessouky Law can help you put a stop to the wrongful conduct. Contact our Orange, CA workplace discrimination attorney to learn more about your rights and how you can enforce them.
Employment Attorney Near You in Orange County, California
Workplace Discrimination in CA
Discrimination can occur in many forms. Sometimes, it is the result of intentional conduct on the part of an employer, such as when they fire certain people for discriminatory reasons. Other times, it can happen in less direct ways, such as when an employer has a workplace policy that results in disproportionate unfair treatment for a group of people. When discrimination occurs in this manner, it is called disparate impact discrimination. California Jury Instructions CACI 2502. All employees should be given the same opportunities to succeed and any systems in place prohibiting this may be considered disparate impact.
Disparate impact discrimination is just as damaging and illegal as other types of discrimination. Under California law, workplaces are expected to be fair, inclusive and safe. Employers should not adopt policies that favor one class over another or prejudice certain persons because of their age, sex, race or other protected characteristics. Any worker who is affected by policies of this nature can file a complaint to correct the wrong.
Filing a claim against discrimination of this nature often relies on specifying the practice or policy that has discriminatory effects. Sometimes, an employer may be able to justify the practice as being necessary for business or based on good faith business strategy. Where this happens, an experienced Orange, CA workplace discrimination attorney can help you determine if your rights have been violated.
Identifying Disparate Impact Discrimination
There are many ways in which disparate impact discrimination can occur. If you suspect you are being affected by a discriminatory policy or practice at work, you can follow these steps:
- Identify the policy/practice: Discrimination of this nature is always based on workplace policy that results in unfair treatment for a protected class. Examples of this policy include requiring all workers to speak a specific language at work or a policy that discriminates against older employees (40 and above).
- Catalogue its effects: Determine what kind of effect the policy has on certain workers. For instance, does the policy make work harder for a protected group, such as workers with disabilities?
- Have you suffered harm: How have you been affected by the policy? Usually, in order to be affected, you should be a member of a class that is protected under the law. This will be the case if you are put at a disadvantage at work or if these policies deprive you of workplace benefits because of your protected characteristic.
If, when considering these factors, you suspect you are being exposed to discrimination at work, speak to our attorneys at once. Our experienced Orange, CA workplace discrimination attorneys will help you understand what you are experiencing and how to fight it.
Wrongful Termination Attorneys in Orange, CA
At Eldessouky Law, we focus on protecting employees from conditions that disrupt their employment, including discrimination. Our Orange, CA employment law attorney enforces California labor laws to ensure our clients can work in a fair, safe environment.
All employees in California are entitled to the expectation of a workplace that is safe and free from unlawful conduct. If your employer is breaking any of the labor laws, we will help you pursue them for their wrong and recover fair compensation on your behalf.
Top Employers in Orange, CA
A city of enduring historical significance and modern progress, Orange, CA has a resident population of almost 140,000. The city is considered to have the largest concentration of historic buildings in California and is the largest National District Register in the state.
Some of the largest employers in Orange, CA include:
- University of California, Irvine Medical Center: 4,000 employees
- Sisters of St. Joseph Hospital: 3,853 employees
- Children’s Hospital of Orange County: 2,400 employees
- Orange County Transportation Authority: 990 employees
- Chapman University: 800 employees
- National Oilwell Varco: 800 employees
- City of Orange: 797 employees
- Kerr Dental: 610 employees
- Sisters of St. Joseph’s Health System: 500 employees
- AECOM: 500 employees
- CaliforniaChoice: 490 employees
- Santiago Canyon College: 490 employees
The reputation of your employer or the size of their legal team does not protect them from the consequences of unlawful conduct. If your employer is mistreating you at work in any capacity, you can trust Eldessouky Law to stand up for your employment rights.
Eldessouky Law Practice Areas in Orange, CA
Our knowledgeable Orange workplace discrimination attorney, Mohamed Eldessouky, specializes in protecting employees from wrongful conduct. Our employment law firm has successfully represented employees from all over California and helped them recover fair compensation.
We provide assistance to CA employees through our employment law practice areas which include:
- Hostile work environment claims, including:
- Sexual Harassment
- Wage and hour claims, including:
- Underpaid regular pay rates
- Unpaid rest or break times
- Overtime payment discrepancies
- Severance terms, agreements, and enforcement procedures
- Retaliation claims
- Wrongful termination
- Disability Discrimination
No matter what kind of unlawful conduct you are facing at work or how it has occurred, you can secure justice for the wrongs done to you. Schedule a free consultation with our attorneys to explore your rights and options today.
What if my Employer Claims their Decision to Fire Me was Necessary?
In response to a workplace discrimination claim, an employer may argue that their actions or policies were not discriminatory. One of the ways in which they do this is to argue that they rightly fired or refused to hire a worker based on a protected characteristic. This defense is often called the bonafide occupational qualification defense.
The defense only provides narrow protection against a discrimination claim though. To succeed, the employer must show that they had a reasonable and factual basis to believe it was necessary to consider employees based on their age, sex or other protected characteristic. For instance, if they refused to hire or promote a female employee into a managerial role because of her sex, they must show they reasonably believed women cannot perform in that role. Bohemian Club v. Fair Employment & Housing Com. (1986) 187 Cal.App.3d 1, 19 [231 Cal.Rptr. 769].
Obviously, this defense can be difficult to raise. Even where it is raised, an experienced workplace discrimination attorney can help you raise counter-facts that show otherwise. This is why it is important to contact a skilled Orange employment attorney immediately the facts giving rise to discrimination arise.
How Do I Prove Discrimination?
There are specific factors that must be proved in relation to a claim of disparate impact discrimination. This includes proving that your employer maintained a workplace practice or policy that had a disproportionate negative effect on a protected class. This means the policy must have negatively affected you based on any of the following:
- Age (over 40)
- Ancestry, national origin
- Disability, mental and physical
- Gender identity or gender expression
- Genetic information
- Marital status
- Medical condition
- Military and veteran status
- Race, color
- Religion, creed
- Sex or gender, including:
- Related medical conditions
- Sexual orientation
Proving these facts is not often straightforward though. There are several complex legal rules involved and any of these may decide your case, whether in your favor or otherwise. To give yourself the best chance of success, speak to our Orange workplace discrimination attorney today.
Schedule a Free Consultation with Eldessouky Law Today
We provide a free initial consultation to help you understand how your rights were violated and how to proceed against your employer. Call 714-409-8991 to set up your free consultation.