Discrimination Attorney Pomona

Workplace Fairness Backed by Decades of Employment Law Experience

When you face unfair treatment at work, you need clear, direct legal guidance. The Wheeler Law Firm, APC represents employees in Pomona in workplace discrimination claims. Our practice is centered on navigating the legal framework that protects your rights as an employee. We handle cases stemming from actions related to protected characteristics, providing representation grounded in the specifics of California law. We assist clients in understanding their situation from a legal perspective and pursuing the appropriate course of action. The complexities of employment law require a focused approach, and our firm is structured to provide just that.

Facing a difficult situation at work can be isolating. You may have questions about your rights and what steps to take next. If you are seeking information about a potential workplace discrimination issue in Pomona, we invite you to reach out.

Contact us for a consultation by filling out our online form or by calling (800) 893-0584.

Navigating Pomona Workplace Discrimination Claims

Our firm provides legal services for employees who believe they have been subjected to unlawful discrimination. We address the unique aspects of each case, applying a knowledge of state and federal laws to the specific circumstances our clients face. Our approach involves a detailed analysis of your situation to determine the legal avenues available to you. We represent clients in matters filed with government agencies, such as the California Civil Rights Department (CRD), and in litigation in the Los Angeles County court system. 

Our familiarity with the procedural requirements of these local and state bodies is a component of the representation we provide. We work to build a case based on the facts and evidence, presenting a clear and structured argument on your behalf. Direct communication is central to our process, ensuring you are informed about the progress of your case from beginning to end. We believe that an informed client is better equipped to make decisions about their case, and we facilitate this through regular updates and open lines of communication.

A Framework for Handling Your Discrimination Case

The process of addressing a discrimination claim involves several critical stages. At The Wheeler Law Firm, APC, we guide Pomona clients through each step, ensuring a methodical and thorough approach. Our process is designed to be straightforward and transparent, giving you a clear understanding of what to expect.

• Initial Case Evaluation: The first step is a comprehensive consultation where we listen to your account of the events. We review any documentation you have, such as emails, performance reviews, or internal complaints. This allows us to assess the legal merits of your potential claim under California’s Fair Employment and Housing Act (FEHA) and other relevant statutes.
• Investigative and Evidentiary Phase: Following the initial assessment, we proceed with a detailed investigation. This may involve gathering additional evidence, identifying and interviewing witnesses, and collecting documents that support your claim. The objective is to construct a factual record of discriminatory conduct.
• Filing with Administrative Agencies: Before a lawsuit can be filed, a claim must typically be filed with an administrative agency like the CRD or the federal Equal Employment Opportunity Commission (EEOC). We prepare and file this complaint on your behalf, ensuring all procedural deadlines and requirements are met. We then manage all communications with the agency investigators.
• Negotiation and Resolution Efforts: Many employment disputes can be resolved without proceeding to a full trial. We engage with opposing counsel to explore settlement possibilities when it is in our client's interest. This can occur at any stage of the process, from pre-litigation discussions to a formal mediation session.
• Litigation and Court Proceedings: If a reasonable settlement cannot be reached, we are prepared to file a lawsuit and represent you in court. This phase includes discovery (exchanging information with the other side), filing motions with the court, and ultimately, presenting your case at trial before a judge or jury. Our representation extends through all phases of litigation, including any subsequent appeals if necessary.

Types of Workplace Discrimination Claims We Handle

California law protects employees from adverse employment actions based on a wide range of protected categories. Our firm represents Pomona employees in various types of discrimination cases. We handle claims involving unfair treatment because of an individual's status in one or more of the following protected classes:

• Age Discrimination Representing employees over the age of 40 who have been unfairly treated in hiring, promotions, or termination decisions.  
• Disability Discrimination Assisting individuals with physical or mental disabilities who have been denied reasonable accommodation or have faced adverse action due to their disability.
• Gender Discrimination Handling cases where an employee's gender has been a factor in decisions about pay, job assignments, or advancement.
• Pregnancy Discrimination Representing employees who have been penalized, demoted, or terminated due to pregnancy, childbirth, or related medical conditions.
• Race and National Origin Discrimination Addressing situations where an employee has been subjected to discrimination based on their race, color, ancestry, or country of origin.
• Religious Discrimination Assisting employees who have faced adverse action for their religious beliefs or have been denied reasonable accommodation for their religious practices.
• Sexual Orientation and Gender Identity Discrimination Representing LGBTQ+ individuals who have experienced discrimination in the workplace.

Understanding FEHA's Protections for Pomona Employees

For workers in Pomona, California’s Fair Employment and Housing Act (FEHA) is a critical piece of legislation. It offers some of the most comprehensive protections against workplace discrimination in the country, often extending beyond what is required by federal law. Understanding these protections is the first step toward safeguarding your rights.

FEHA applies to employers with five or more employees, which is a lower threshold than the 15-employee requirement for many federal statutes. This means more workers in smaller Pomona businesses are covered. For claims of harassment, the law applies to employers of any size.

A key aspect of FEHA is the broad range of protected characteristics it covers, including race, religion, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (for individuals over 40), sexual orientation, and military and veteran status. An employer cannot make a decision about hiring, firing, promotion, or other terms and conditions of employment based on any of these traits.

Furthermore, FEHA requires employers to engage in a "timely, good faith, interactive process" with an employee who has a known disability to determine if reasonable accommodation can be made. This is an affirmative duty on the employer, and failure to engage in this process can be a standalone legal claim. 

The law also mandates that employers take reasonable steps to prevent and correct discriminatory and harassing conduct. This includes having anti-discrimination policies in place and properly investigating complaints. At The Wheeler Law Firm, APC, we use our knowledge of FEHA to analyze our clients' situations and advise them on the protections available under California law.
 

FAQs

What is the first step if I believe I have been discriminated against at my job in Pomona?

The first step is to document everything. Keep a detailed, private log of incidents, including dates, times, locations, what was said or done, and who was present. Preserve any relevant documents, such as emails, text messages, performance evaluations, or memos. Then, you should seek legal counsel from an attorney who handles employment law to discuss the specifics of your situation and understand your legal options.

How long do I have to file a discrimination claim in California?

Generally, under California's FEHA, you must file a complaint with the California Civil Rights Department (CRD) within three years of the last act of discrimination. There are some exceptions, so it is important to consult with an attorney as soon as possible to ensure you do not miss any critical deadlines for your specific case.

What kind of evidence is needed to prove a workplace discrimination case?

Evidence can take many forms. It can be "direct," such as an email from a supervisor making a discriminatory comment, or "circumstantial," which suggests a discriminatory motive. Examples of circumstantial evidence include showing that you were treated differently than other employees who are not in your protected class, a pattern of discriminatory behavior at the company, or shifting reasons from your employer for the adverse action taken against you.

What does "adverse employment action" mean in a discrimination claim?

An adverse employment action is a significant, negative action taken by an employer against an employee. The most obvious examples are termination, demotion, or a refusal to hire. However, it can also include actions like a reduction in pay, a transfer to a less desirable position, being passed over for a promotion, or being excluded from training opportunities that could lead to advancement.

How does California's FEHA offer more protection than federal law for Pomona workers?

FEHA is generally more protective of employees than its federal counterparts. It applies to a wider range of businesses (those with 5 or more employees for discrimination, and all employers for harassment). It also recognizes a broader list of protected categories, such as marital status, gender expression, and genetic information. Additionally, the definition of "disability" under FEHA is broader than under the federal Americans with Disabilities Act (ADA), making it easier for an individual to qualify for protection.

Address Your Workplace Concerns with a Pomona Discrimination Lawyer Today

You do not have to navigate the complexities of a workplace discrimination claim alone. Understanding your rights and the legal process is crucial. The team at The Wheeler Law Firm, APC is here to provide clarity and guidance based on your specific circumstances. We offer a direct, methodical approach to handling these sensitive matters. 

If you are an employee in the Pomona area and believe your rights have been violated, we encourage you to get in touch. Let us review the facts of your case and discuss how we can assist you. Our entire practice is built around employment law, giving us a focused perspective on these cases. We invite you to schedule a consultation to discuss your situation in a confidential setting. By learning about the details of your case, we can provide an informed assessment of your legal standing. 

Contact our office today by calling (800) 893-0584 or by completing our online contact form to begin the process.