Stockton Employment Attorneys

Stockton has a diverse mix of whites, blacks, Hispanics, Asians, and other demographics. This doesn’t mean employers in Stockton don’t discriminate. Employers who refuse to hire you, fail to give you the opportunities to advance in your company, or discharge you – because of your race, gender, national origin, or other identity characteristics can be held accountable for their discriminatory conduct.

At Miracle Law Group, our Stockton employment attorneys fight for workers of all backgrounds who suffer any type of employment discrimination. You work hard to obtain the education, skills, and experience you need to do your job. Employers need to respect that work. They must make employment decisions based on your abilities and not your appearance. Unskilled workers have the same right to fair play. Our lawyers fight for Stockton employees and potential employees when employers discriminate. Call us today to discuss your rights.

Federal and California statutes specifically make the following types of discrimination illegal depending on the size of the employer and other factors – discrimination based on:

• Race
• Color
• Country of origin
• Gender, sexual orientation, and other sexual factors
• Age – 40 years old or older
• Marital status
• Genetic information
• Pregnancy
• Religious beliefs
• A physical or mental disability
• Military status
• Other identity qualities

There are different federal and California laws that protect workers from employment discrimination in Stockton. Some laws protect against multiple types of discrimination. Other laws focus on a specific type of discrimination. The federal laws generally apply to larger employers (about 15 or more employees) while California’s discrimination lawyers apply to smaller and larger employers (about 5 or more employees).

Our Stockton employment discrimination laws often base your legal claim on a violation of one of these laws:

• The US Civil Rights Act of 1964. This federal law, enacted during the Lyndon Johnson administration, protects employees from discrimination based on color, religion, country of national origin, or your race. The two key parts of the law are Title VI and Title VII. The law specifically applies to employers including Stockton employers who are:

“engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include… the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service.”

The Civil Rights Act of 1964 generally applies to corporations, partnerships, governments, individuals, labor unions, federal agencies, and other entities. The Act prohibits discrimination in:

• Hiring
• Firing
• Pay
• The privileges of employment such as being able to do your job without interference and being able to participate in opportunities for advancement

The US Civil Rights Act also requires that Stockton employers can’t discriminate by “limiting, segregating, or classifying employees or applicants” – so that the employee’s work is adversely affected.

The US Civil Rights Act identifies the evidence needed to support a discrimination claim, the types of damages you can claim, whether there are any exceptions, and the remedy process.

• The Equal Pay Act of 1963. This is a federal law that provides that men and women who have the same work skills and the same experience should receive the same pay. The law also prohibits discrimination in hiring, work opportunities, and firing – based on sex or gender.
• The Age Discrimination in Employment Act of 1967 (ADEA). This federal law helps workers 40 and older who lose jobs because of their age. Many employers hire younger workers to replace older workers – because younger workers often are willing to work for less money. The law gives older workers a legal discrimination remedy when they’re fired because of their age.
• The Americans with Disabilities Act (ADA). This federal law protects workers with disabilities. The law applies to “employers, including state and local governments, with 15 or more employees.” The ADA also protects disabled workers if your Stockton employer fires you or negatively affects your employment because of your disability. The ADA includes the critical requirement that employers provide ““reasonable accommodations” for workers with disabilities.
• Section 503 of the Rehabilitation Act of 1973. This federal law “requires affirmative action in the hiring, placement and advancement of people with disabilities by federal contractors or subcontractors.”
• The California Fair Employment and Housing Act. (CFEHA). California’s employment discrimination law protects employees, including Stockton employees, and even some independent contractors from different types of discrimination. The law also protects employees from sexual harassment and other types of harassment that are based on a person’s identity characteristics. The CFEHA has a “reasonable accommodation” requirement.

Most employment discrimination claims involve two steps.

The first step is to file a discrimination claim before the appropriate agency. Generally, federal claims are filed before the Equal Employment Opportunity Commission (EEOC). California claims are filed before the California Department of Employment and Housing. These agencies investigate your claim and try to provide a solution with your employer. If an agreement cannot be reached, then the agency should give you a “right to sue” letter.

Once the right-to-sue letter is obtained, our Stockton workplace discrimination lawyers file claims in federal and state courts. We seek the following remedies and damages when employee discrimination occurs in Stockton:

• Job reinstatement if you were fired, fair consideration for a job if you weren’t hired, and fair consideration for work opportunities.
• All the wages and benefits you lost due to the discrimination
• That the employer pay your legal fees, punitive damages, and any statutory damages
• That the employer takes proactive steps to ensure others don’t suffer workplace discrimination.

Your job opportunities and job status should depend on your skills and job performance. When a Stockton employer discriminates against you in any way, it’s important to move quickly to protect your rights. Our seasoned employment lawyers will answer your questions, explain your rights, and help you take steps to support your case. These steps include obtaining access to all your job records, speaking to any witnesses such as other workers who can support your claim, and arguing your case before agencies and judges.

To speak with our experienced Stockton workplace discrimination lawyers, call the Miracle Mile Law Group today. You can phone us at (888) 244-0706 or fill out our online form for a FREE case evaluation.