Frequently Asked Questions About Employment Discrimination
Employment discrimination is illegal under both state and federal laws. At Khatib Law, APC, I represent employees who have faced any kind of employment discrimination. I’m the firm’s attorney and founder, Mazen Khatib.
Below are answers to some of the common questions I hear about employment discrimination. As always, it’s best to speak with a lawyer about your specific situation.
What Does At-Will Employment Mean?
At-will employment means that either party (the employee or employer) can end the employment relationship at any time, for almost any reason. Most employment in California is at will.
Employers still can’t terminate employees for discriminatory reasons or as retaliation, however.
How Can I Report Discrimination In My Workplace?
Employers are required to have an internal complaint process so that employees can safely report discrimination and other workers’ rights violations without fear of retaliation. This should be your first step.
If your employer doesn’t take your complaint seriously or fails to take appropriate action, your next step is reporting the discrimination to the California Civil Rights Department or the federal Equal Employment Opportunity Commission. A lawyer can help you with this step.
What Evidence Or Information Should I Bring For My Attorney?
When you meet with an employment lawyer, they will advise you on what evidence and documents to gather for your discrimination case. Typically, that might include:
- Your employment records such as onboarding documents, performance reviews and any disciplinary records
- Any evidence of discrimination or harassment, such as texts, emails or photos
- Any documentation you received from HR if you made an internal complaint
- Any other evidence you think might be helpful
It’s important to keep good records of everything pertaining to your employment case.
How Can I Gather Evidence To Prove Workplace Discrimination?
You can obtain employment records directly from your HR department.
Your attorney can help you with the investigation and take the appropriate steps to gather evidence – for example, by:
- Conducting interviews with witnesses to the discriminatory behavior, other employees, your employer, management and other relevant parties
- Subpoenaing employment documents that might support your discrimination claim
- Obtaining records from a federal or state investigation of your employer for employment discrimination
One of the many advantages of an attorney is that they can gather the right evidence for a strong case.