Employment Discrimination

Bruce Abel is an employment law attorney with 26 years of experience handling employment discrimination, harassment, and wrongful termination cases.  He has tried, mediated, and arbitrated cases involving all aspects of employment law throughout Los Angeles, Orange, and Ventura Counties.  Mr. Abel has earned a strong reputation for getting results in emotionally charged disputes involving technical and sophisticated areas of law.  He represents both those who have been the victim of unlawful discrimination in the workplace and employers sued for unlawful discrimination.

Employment Discrimination

Recognizing the importance of productive and discrimination free workplaces, both the Federal government and California have enacted laws that prohibit discrimination against employees because of gender, religion, race, ethnicity, sexual orientation, medical condition (including pregnancy), disability or age.  Under California's Fair Employment and Housing Act ("FEHA"), a victim of unlawful employment discrimination is entitled to lost wages, emotional distress damages, attorney fees, and in some cases, punitive damages.  However, as matter of statutory law, punitive damages are not available against government agencies.

If you are an employee and believe you have been discriminated against or harassed at work, you should draft a written complaint detailing the unlawful discrimination and give it to your supervisor and human resources representative.  In your written complaint to your employer, you should be as specific as possible and use terms such as "unlawful discrimination, harassment, and retaliation" on the basis of a protected category such as race, disability, gender, medical condition or age.  Request that your employer thoroughly investigate and take prompt remedial action to stop the unlawful discrimination, harassment, and retaliation.  If there is a lawsuit, an employer may be able to defend itself if the employee failed to give notice, failed to allow an investigation or was vague regarding the facts pertaining to the alleged unlawful discrimination.  

As a prerequisite to filing a civil lawsuit, a charge of discrimination must be filed to comply with the FEHA.  The charge of discrimination is filed with the California Department of Fair Employment and Housing ("DFEH").  Then, the employee must request a Right-To-Sue Letter or wait 6 months after which time the DFEH will issue a Right-To-Sue Letter.  If one wants to proceed under Federal Title VII Civil Rights Act, a charge of discrimination must be filed with Federal Equal Employment Opportunity Commission ("EEOC").  The DFEH and EEOC have a work share agreement which means that a claim filed with one agency is forwarded to the companion agency.

DFEH claims for unlawful employment discrimination must be filed within one year of the date of termination or discriminatory act.  EEOC claims for unlawful employment discrimination must be filed with 180 days.  However, if one files a charge of discrimination with the DFEH the EEEOC automatically defers to the DFEH which puts into effect a 300 day filing period rather than the 180 day period within which to file a charge, 42 USC Section 2000e-5(e). 

Seek Experienced Legal Representation

Employees and employers dealing with discrimination in the workplace face tremendous emotional and financial challenges and should be represented by a competent employment law attorney. Contact the Abel Law Offices for skilled and competent employment law legal representation.