Shanberg Stafford LLP

Do You Have A Case? Need Answers? Call 866-902-0497

Shanberg Stafford LLP
866-902-0497

ASSERTIVE LEGAL COUNSEL FOR BUSINESSES AND WORKERS ACROSS CALIFORNIA, WASHINGTON, AND THE UNITED STATES.

Experienced Attorneys Confronting Discrimination In The Workplace

At Shanberg Stafford LLP, our California and Washington employment discrimination attorneys advise and represent clients regarding the following kinds of alleged discrimination in the workplace:

  • Disability, both mental and physical
  • Unequal pay for equal work
  • Denial of a promotion based on race, sex or age
  • Firings or layoffs based on race, sex or age
  • Denial of full and equal accommodations based on sex, race, color, religion, ancestry, national origin, disability or medical condition
  • Different treatments for pregnant women or people with cancer
  • Whistleblowing

Accommodations For Disabilities In The Workplace

In September of 2000, Gov. Gray Davis signed Assembly Bill 2222 into law, expanding protection for disabled workers under California’s Fair Employment and Housing Act (FEHA). While disabled workers were already protected under federal law, including the Americans with Disabilities Act (ADA), FEHA broadened the definition of both mental and physical disability so as to provide California employees with added protection not available under federal law.

Under AB 2222 and FEHA, a mental or physical disability need only limit a major life activity as opposed to “substantially limit,” as set forth under the terms of the ADA. As a consequence, more mental and physical disabilities are protected under California’s FEHA than the ADA.

Additionally, FEHA requires employers to provide reasonable accommodation in a timely manner for disabled employees, as well as to engage in a good-faith, interactive process to ascertain the nature of the disability and whether reasonable accommodation is necessary. There are other requirements under FEHA that limit what employers can and cannot do, including certain prohibitions against disability investigations or examinations on the part of employers.

At the law office of Shanberg Stafford LLP, our disability discrimination attorneys can explain how FEHA affects employers and employees in matters related to discrimination in the workplace. Regardless of whether discrimination involves age, race, religion or disability, understanding what California law mandates is essential in evaluating a cause of action and allegations of discrimination.

Reasonable Accommodation And The Interactive Process Under FEHA

Before FEHA was modified by AB 2222, employers were required to make reasonable accommodations for employees with physical or mental disabilities unless doing so placed undue hardship on the employer’s operations. After AB 2222, employers must now make a good-faith, timely effort to interact with disabled employees in order to make appropriate accommodations for them when requested to do so. Under FEHA, it is unlawful for an employer to refuse to engage in the interactive process of making accommodations for a disabled employee or applicant.

While employers must make a good-faith effort to enter into discussions with disabled employees about their accommodations, employees are also required to make a good-faith effort to participate in these discussions. As such, employers can ask employees to provide medical certification of their disability and may ask them to work directly with an employee’s doctor throughout the accommodation process.

What Conduct Counts As Unlawful Discrimination

Courts may consider an act unlawful discrimination if it was harmful and if it was because of a protected reason, such as your race, color, sex, gender identity, religion and more.

Examples of conduct that can be unlawful include:

  • Disparate treatment because of a protected trait: For example, a qualified employee gets passed over for a promotion because of their age or because they were pregnant
  • Failure to accommodate disability or religion: Such as denying a reasonable schedule change for a disability or for religious observance, despite providing proper documentation and other requirements
  • Harassment based on a protected trait: This can include repeated slurs, derogatory comments or offensive images creating a hostile environment
  • Retaliation for protected activity: Such as cutting your hours after you report race‑based harassment, or a negative review or termination shortly after you request disability accommodation

Essentially, an act is unlawful discrimination when a protected reason drives the decision. Certain actions, such as a supervisor who plays favorites or strict policies that apply to everyone, are not unlawful by themselves, even if they may be unfair.

If treatment is merely unfair with no protected reason, it may violate company policy but not the law. Our attorneys can assess whether the law was violated under federal, California (FEHA), or Washington (WLAD) standards and take steps to protect your rights and seek compensation.

Filing Deadlines You Must Know

Deadlines for employment claims can be short, and they can vary. Different laws can apply based on where you worked, the size or type of employer, whether you’re a federal employee, and whether your claim involves harassment, pay equity or leave. Some claims, such as those involving a hostile work environment, may involve a series of acts. Timing can run from the last incident. Limited exceptions may also extend or shorten deadlines.

  • Claims filed with the Equal Employment Opportunity Commission (EEOC): Private sector employees can only file a charge within 180 days of the discriminatory act. In states with a partner agency (including California and Washington), you typically have up to 300 days. Federal employees must contact an agency EEO counselor within 45 days of the discriminatory act.
  • Claims under FEHA: You generally have up to three years from the last discriminatory or retaliatory act to file with the Civil Rights Department (CRD). If the CRD issues a right-to-sue notice, you have up to one year to file a civil lawsuit.
  • Claims under Washington Law Against Discrimination (WLAD): You have around 180 days (or six months) from the discriminatory act to file a complaint with the Washington State Human Rights Commission (WSHRC). If filing a lawsuit, you have up to three years. You may also sue without first filing with WSHRC.

Our attorneys can help you confirm which laws apply and preserve your claims through timely filings. We will also prepare and file EEOC, CRD, or WSHRC charges (including dual filing) and request right‑to‑sue notices when strategic.

When And How To Report Concerns At Work

Before taking legal action, it’s important to report internally. Make sure to review your handbook policy regarding the process.

  • Who to report to: Make a report to either your human resources department, your supervisor or the ethics line named in the policy. If the supervisor is involved, you may need to go to HR or another manager.
  • What to say: Describe the facts, dates, people involved and the protected reason you believe explains the decision. Ask the company to investigate and confirm receipt.
  • What to keep: A dated copy of your complaint, the policy you followed and any response from the company.

Reporting internally can potentially resolve issues or otherwise build the paper trail your case may need. Our attorneys can review your complaint and ensure it’s accurate and complete. We can also coordinate timing so you do not miss agency filing deadlines.

Evidence That Can Strengthen A Discrimination Or Retaliation Claim

Start building your file on day one. Good evidence links the decision to a protected reason.

  • Relevant documents and data, including offer letters, pay stubs, schedules, write‑ups, performance reviews, job postings, accommodation requests, leave records and benefits notices
  • Emails, texts, chat logs and calendar invites that show timing, statements or shifting explanations
  • Names and roles of co‑workers outside your protected group who were treated better in similar situations, including pay differences
  • Co‑workers who saw or heard key events, including their contact info
  • A simple date‑ordered list of events, noting who decided what, when and why
  • For issues relating to disability, keep files such as doctor notes, restrictions and your requests for accommodation, plus the employer’s responses

Well‑organized proof can help our lawyers move fast with your claim, as well as strengthen your position in settlement talks or court.

Possible Outcomes In Discrimination Cases

No attorney can promise a result. The outcome of a case can depend on a variety of factors, from the existing evidence to whether the parties resolve the matter through an agency, settlement or in court. If liability is proven or the parties reach a settlement, potential outcomes may include:

  • Job remedies: This can include reinstatement or placement into the role, promotion or removal, or correction of discipline and reviews, and reasonable accommodations going forward.
  • Financial compensation: This can include back pay (lost wages and benefits) with interest and front pay if reinstatement isn’t practical. Depending on the jurisdiction, punitive damages and compensatory damages for emotional distress may also be possible.

As your legal counsel, our attorneys can evaluate the value of your claim under federal and state law. Our lawyers will also work relentlessly to negotiate settlements that will not only compensate you for your damages, but will also protect your career. They are not afraid to litigate if necessary.

Contact Shanberg Stafford LLP, Today To Protect Your Rights

For more information regarding discrimination in the workplace, contact the Newport Beach discrimination attorneys at Shanberg Stafford LLP, at 866-902-0497 or send us an email.