Workplace Discrimination Lawyer for Employees Treated Unfairly

If your employer treated you worse because of who you are, a discrimination lawyer can tell you whether the law was broken and what to do next. You shouldn't lose a job, a raise, or a promotion because of your race, sex, age, disability, or another protected trait. Kingsley Szamet Employment Lawyers represents employees in discrimination cases, and your first consultation is free. This page explains federal law first, as part of our employment lawyer practice areas.

What counts as workplace discrimination

Workplace discrimination means an employer treats you worse because of a protected trait. It can happen in hiring, pay, schedules, training, promotions, discipline, layoffs, and firing. Several federal laws cover it:

• Title VII of the Civil Rights Act bars bias based on race, color, religion, sex, and national origin. In Bostock v. Clayton County (2020), the Supreme Court held that sex includes sexual orientation and gender identity. Title VII covers employers with 15 or more employees.

• The Age Discrimination in Employment Act (ADEA) protects workers 40 and older. It covers employers with 20 or more employees.

• The Americans with Disabilities Act (ADA) protects qualified workers with disabilities and requires reasonable accommodations. It covers employers with 15 or more employees.

• The Pregnancy Discrimination Act and the Pregnant Workers Fairness Act protect pregnant workers and require accommodations for pregnancy-related limits.

• The Equal Pay Act requires equal pay for equal work, no matter your sex.

• The Genetic Information Nondiscrimination Act (GINA) bars employers from using your genetic test results or family medical history. It also limits their right to ask for it.

Federal law also bars retaliation. An employer can't punish you for complaining about discrimination, filing a charge, or helping a coworker.

Types of discrimination we handle

Each type has its own rules, proof, and deadlines. These pages go deeper:

• Age discrimination at 40 and older: layoffs, forced retirement, and being passed over for younger workers.

• Disability discrimination and accommodations: denied accommodations, medical leave problems, and mental health conditions.

• Sex and gender discrimination: unequal treatment, sexual orientation, and gender identity.

• Pregnancy discrimination: demotions, lost hours, and firings tied to pregnancy.

• Race, color, and national origin discrimination: bias based on ethnicity, accent, ancestry, or skin color.

• Religious discrimination: denied accommodations for religious practices or dress.

• Equal pay: lower pay than coworkers who do the same work.

Genetic information is also protected. If an employer asked about your family medical history and then changed how it treated you, tell us.

Unfair treatment is not always illegal

A rude boss isn't always breaking the law. Favoritism, micromanaging, and unreasonable demands are usually legal if the employer treats everyone the same way. Treatment becomes illegal when it's tied to a protected trait, or when it punishes you for complaining.

You also don't always need to show bad intent. A neutral rule can be unlawful if it hurts a protected group and the job doesn't need it. This is called disparate impact. For example, a strict lifting test that screens out most women may be illegal if the job never requires that much lifting.

If you were punished after you spoke up, read about workplace retaliation. Retaliation is a separate claim, and it's often easier to prove.

Failure to accommodate and the interactive process

If you have a disability, your employer must make reasonable changes so you can do your job. Examples include a modified schedule, remote days, special equipment, a quieter workspace, or unpaid leave for treatment. Mental health conditions count too. The employer can say no only if the change would cause an undue hardship, which means significant difficulty or expense.

The employer also has to talk with you in good faith about options. That conversation is called the interactive process. A failure to accommodate can be its own violation, even if you weren't fired.

How to prove workplace discrimination

Employers rarely admit the real reason. Most cases rest on patterns and small details, not a confession. Courts often use a three-step test. First, you show the basic facts of your claim. Next, the employer gives a reason for what it did. Then you show that reason is a cover story, which lawyers call pretext.

Strong evidence can include:

• Emails, texts, or comments that show bias, even when they were made as jokes.

• Coworkers outside your protected group who did the same job and got better treatment.

• Good reviews that turned bad soon after a protected event, like a pregnancy announcement or a medical leave request.

• Reasons for your discipline or firing that change over time.

• Witnesses who saw or heard what happened.

Start a timeline today. Write down dates, names, and exact words. Save emails and reviews to a place your employer can't reach.

How a discrimination lawyer builds your case

• We review your records, reviews, emails, and pay history.

• We look for coworkers who were treated better and for statements that show bias.

• We file your charge with the right agency and track every deadline.

• We handle talks with the employer's lawyers, including any severance offer.

• We sue when a fair settlement isn't offered.

A good employment discrimination attorney also tells you early if a claim is weak. That saves you time and stress.

The EEOC process and your right-to-sue letter

Most federal claims start with a charge at the U.S. Equal Employment Opportunity Commission (EEOC). You can file online, by phone, by mail, or in person. Within 10 days, the EEOC notifies your employer. The agency may offer mediation, which is a voluntary talk with a neutral third party. If you don't mediate, the EEOC investigates by gathering documents and interviewing witnesses.

The investigation can end in several ways. The EEOC may find reasonable cause and try to settle the case. It may sue the employer, though that's rare. Or it may close the file and send you a right-to-sue letter. That letter doesn't mean the agency decided for or against you. It only means you've finished the required step and can go to court.

After you get a right-to-sue letter on a Title VII or ADA claim, you generally have 90 days to file a federal lawsuit. Courts rarely excuse a late filing. You can also ask the EEOC for the letter early if you've waited 180 days. Age claims work differently, since you can sue 60 days after you file. Equal Pay Act claims don't need an EEOC charge at all.

Many people ask whether to tell their employer. You don't have to, because the EEOC does it for you. But talk with a lawyer first, so you know what to say and what to save.

Hostile treatment that goes on for months can be treated as one claim. Under the continuing violation idea, older acts may count if at least one act falls inside the filing period. A firing or a denied promotion is different, because each one starts its own clock.

California adds more protection

California law reaches further than federal law. The Fair Employment and Housing Act (FEHA) covers employers with five or more employees, protects more traits, and doesn't cap damages. You also get three years to file with the California Civil Rights Department, instead of 300 days. Read our guide to California discrimination law and remedies to see how your claim changes.

What you can recover

Federal remedies can include back pay, front pay, and attorney's fees. Title VII and ADA claims can also include emotional distress and punitive damages, but federal law caps those amounts based on the employer's size. Age claims allow back pay and, for willful violations, an extra amount equal to the back pay. See how much you can get from a discrimination lawsuit for what drives case value.

When to call a discrimination lawyer

Call as soon as you can. Deadlines run from the date of the act, not the date you decide to act. Evidence also disappears fast, because emails get deleted and witnesses leave. Call before you sign a severance agreement, since it may ask you to give up your right to sue. Call if you were fired, demoted, or pushed out right after a complaint. Discrimination also often comes with a wrongful termination claim.

Why employees choose Kingsley Szamet

Eric Kingsley and Kelsey Szamet lead the firm, and we represent employees only. Results depend on the facts of each case.

We take cases on contingency. That means no upfront fee and no out-of-pocket cost to start. You pay only if we recover money for you.

Frequently asked questions

What qualifies as workplace discrimination?

Workplace discrimination is unfair treatment in a job decision because of a protected trait, such as race, sex, age, disability, religion, pregnancy, or genetic information. Hiring, pay, promotion, discipline, and firing all count. A hostile work environment can count too.

Is unfair treatment at work illegal?

Not always. Favoritism and a harsh boss aren't illegal on their own. Treatment becomes illegal when it's based on a protected trait or when it punishes you for complaining.

How long do I have to file an EEOC charge?

You generally have 180 days from the discriminatory act, which extends to 300 days in California. California's Civil Rights Department gives you more time. Don't wait, because deadlines are strict and cases get harder to prove as time passes.

What happens after I file an EEOC complaint?

The EEOC tells your employer within 10 days and may offer mediation. If you don't settle, it investigates and either tries to resolve the case, sues, or closes the file. You'll get a right-to-sue letter if you want to go to court.

What is a right-to-sue letter?

It's a notice from the EEOC or the California Civil Rights Department that lets you file a lawsuit. It doesn't say you won or lost. For most federal claims, you have 90 days to sue after you receive it.

Do I need a discrimination lawyer, and what does one cost?

You can file a charge on your own, but a lawyer helps you present evidence and avoid missed deadlines. At Kingsley Szamet, you pay no fee unless we recover money for you. Your first consultation is free.

Contact Kingsley Szamet Employment Lawyers

Call (818) 990-8300 to talk with our team about your situation. You can also schedule your free consultation online. We're at 16133 Ventura Blvd #1200, Encino, CA 91436, and we represent employees across California. This page gives general information. It isn't legal advice for your situation.