Legal Question in Disability Law in California
Employment Law/Discrimination/illegal termination
I am being laid of from my group. The group is diverse in that there are senior and less senior workers, young, older, male, female, White, Black, and Hispanic members. The people selected for lay off are predominately Black, Hispanic, with one older senior White male employee included in the selected group. The persons retained are all White middle aged employees. They are not the best or brightest, most educated, or skilled in the group, though they are all good friends with each other and the managers. What can I do to seek redress for this discriminatory behavior by my mangers? Many of us in the impacted group feel we were treated disparately. Thanks for your consideration.
2 Answers from Attorneys
Re: Employment Law/Discrimination/illegal termination
IF you can prove such claims of discrimination through witnesses or documents or circumstantial evidence, a 'civil rights' lawsuit is your remedy. You each start by filing a claim with the Dept of Fair Employment and Housing, preferably with the assistance of your attorney to ensure it's done correctly. If you're serious about pursuing this, feel free to contact me. I've been doing these case for over 20 years.
Re: Employment Law/Discrimination/illegal termination
The bottom line is that each affected employee must be able to prove that the motivating factor management considered in choosing that employee for layoff, was one that is prohibited by law, such as age, race, national origin, etc. It is not always easy to prove, but if there is enough circumstantial evidence to do so, it can be done.
You and your affected co-workers could file complaints with the California Dept. of Fair Employment and Housing or the federal Equal Employment Opportunity Commission and ask them to investigate. There are strict deadlines to do this.
Or, you could consult with experienced employment counsel and present all of the facts and evidence for an evaluation and discussion of your legal options.
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