Newport Beach EEOC Lawyer
The Equal Employment Opportunity Commission (EEOC) regulates workplace discrimination at the federal level and applies to all 50 states, including California. If you are a victim of workplace discrimination or harassment, a Newport Beach EEOC lawyer at The Garza Firm will help you file a claim against your employer to ensure that your rights are protected.
What Is the EEOC?
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal anti-discrimination laws in the workplace. These laws include the prohibition of employers discriminating against applicants and employees based on the following protected characteristics:
- Race
- Color
- National origin
- Religion
- Sex
- Sexual orientation
- Pregnancy status
- Transgender status
- Age if over 40
- Disability
- Genetic information and family history
Unlawful Adverse Employment Decisions
It is unlawful for an employer to make any adverse (negative) employment decision based on an employee’s real or perceived protected characteristics, which are listed above. However, workplace discrimination remains incredibly common, and it is difficult to prove in many cases. Additionally, the EEOC oversees harassment and retaliation, which are also prohibited by state and federal laws. Examples of adverse employment decisions based on discrimination or retaliation include the following:
- Refusing to hire an employee because of their skin color
- Refusing to promote an employee because their first language is not English
- Paying a female employee less than a male employee for completing the same work
- Threatening to fire an employee if they decide to file a workers’ compensation claim
- Hinting to an employee that the only way to get a raise is to sleep with a manager (quid pro quo harassment)
- Refusing to make reasonable accommodations for an employee with a disability
- Transferring the employee to a less desirable position because of their sexual orientation
- Not giving a pay raise to an employee because she is pregnant
- Firing an employee because of their age (if over 40)
Harassment Based on a Protected Characteristic
A harassment or hostile work environment claim does not have to show evidence of an adverse employment decision. Examples of harassment, which may or may not have to be pervasive and long-lasting in order to be considered unlawful, include:
- Threats
- Verbal or physical abuse
- Exclusion
- Racial slurs
- Yelling or intimidation
- Sexual advances
- Inappropriate jokes
- Sharing offensive photos or videos
- Displaying pornography
- Bullying
Exceptions For Small Employers
EEOC laws apply to all employers with at least 15 or more employees, aside from equal pay for men and women, which applies to all employees regardless of size. Other exceptions to the 15-employee rule include:
- Age discrimination only applies to employers with 20 or more employees
- Citizenship status discrimination (which falls under national origin discrimination) applies to employers with four or more employees)
Call a Newport Beach EEOC Lawyer Today
The Equal Employment Opportunity Commission makes it unlawful for an employer’s personal prejudices to impact applicants and employees, but most employers end up getting away with it. In order to win a claim or lawsuit against an employer, you must establish that the reason they took an adverse employment decision against you was motivated by some form of discrimination against the protected class to which you belong. To do this, you need expert legal help. Call a Newport Beach EEOC lawyer at The Garza Firm today at 949-570-8350 to schedule a free case evaluation.
