Discrimination in the work place happens when an employer does not treat an employee the same way because of the employer’s personal bias. Discrimination is illegal as it goes against public policy.
Types of Discrimination at Work
In California, the most noted discriminatory acts against employees include age discrimination, racial discrimination, gender discrimination, disability discrimination, religious discrimination, pregnancy discrimination, national origin discrimination and workers compensation discrimination. In any of these instances, the employer will be liable for damages against the employee victim.
Compensation for Work Place Discrimination Claims
If you are a victim of work place discrimination, you have a right to seek damages against your unjust employer. These compensation include: (1) Unpaid wages, (2) Wages paid by check issued with insufficient funds; (3) Final pay check not received; (4) Unused vacation hours that were not paid; (5) Unauthorized deductions from pay checks; (6) Unpaid/non-reimbursed business expenses; (7) Reporting time pay/split shift premiums; (8) Failure to provide a meal and/or rest period; and (9) Liquidated damages for failure to receive minimum wage.
As you can see, every employee victim of discrimination has a right to be remunerated for all his damages, pain and suffering and other losses. However, knowing the compensation you are entitled to and actually seeking payment for these claims are two different matters altogether.
Evidence Required to Prove Discrimination at Work
It is a basic principle in civil law that the complainant has the burden to prove his claims against the other party. In this case, you have the obligation to show proof that you are a member of a protected class and that your employer treats you unjustly principally because of your being a member of said class.
In order to show that you are being discriminated against, you need to prove that you were either demoted, not promoted, not provided with the usual benefits or, worst terminated because of your being different from your co-workers.
To prove the foregoing you will need to provide the court with:
- Documentary evidence or employment records reflecting the unequal treatment against you at work;
- Sworn statements from co-workers attesting your allegations; and
- CCTV footage or other recordings that show that you are being harassed by your employer due to your protected class status.
How to Claim Damages Against Your Employer?
You should never try to negotiate your claims on your own. Your employer has the experience and the resources to frustrate your complaints. If you really want to claim damages against your employer, the best thing to do is seek legal help from top employment and labor law attorneys who can explain to you the legal processes involved in your claim and assist you in negotiating or litigating your case to your benefit. Don’t gamble with your livelihood and your family’s future, in order to stop your employer from his unjust acts, seek immediate help from employment lawyers right away.