Discrimination, Harassment & Retaliation

Both federal and state laws protect employees in California from discrimination in employment. Employers are prohibited from discriminating against an employee based upon the employee’s race, color, national origin, sex/gender, religion, pregnancy, age, or disability. California law prohibits some additional bases of discrimination, such as marital status, gender identity, and sexual orientation. Employers may not terminate employees, demote them, lay them off, or deny advancement or other privileges of employment based on any of the above protected statuses.

These laws also prohibit employers from retaliating against an employee. Employers cannot fire or take other actions against employees for protected activities, such as complaining about discrimination or harassment.

In addition, these laws protect employees from harassment in the workplace due to a protected status, and thus prohibit sexual harassment, racial harassment, religious-based harassment or other harassment based upon an employee’s protected status.

In general, an employee can prove a discrimination case if he or she establishes that one of the motivating reasons for the wrongful action, such as termination or demotion, was based upon a protected status. This means that where there are multiple reasons or mixed motives for the termination, such as a combination of legitimate and illegal discriminatory reasons, an employee can still win a claim for discrimination.

Siegel LeWitter Malkani has been proudly and successfully representing employees from all walks of life in claims against employers for discrimination, harassment, and retaliation. Please see our web pages on particular areas, such as Age Discrimination, Sex Discrimination, Leave of Absence/Retaliation, Race/National Origin/Religious Discrimination, Pregnancy Discrimination, Sexual Orientation Discrimination, Harassment, Retaliation, Disability Discrimination & Reasonable Accommodation, for further information.

If you believe Siegel LeWitter Malkani could provide you with assistance regarding your sexual harassment, discrimination or retaliation claims, please contact the firm.