Orange County Reverse Discrimination Lawyer
When most people think of discrimination in the workplace, they assume it’s based on being a member of a minority class. This happens often, but it’s not the only type of discrimination that occurs. It’s also unlawful for individuals to be discriminated against for their status in a majority protected class.
Under Title VII of the Federal Civil Rights Act of 1964 and the California Fair Employment and Housing Act, reverse discrimination is illegal. In some cases, the protections that are put in place for minority applicants and employees can end up being discriminatory toward the majority class and may violate reverse discrimination laws. If you believe you have been discriminated against due to your age, race, sex, or other protected class, contact our Orange County attorneys today.
How to Prove a Reverse Discrimination Case in Orange County
Proving reverse discrimination in court can be difficult, but it’s not impossible. You and your attorney must show the following elements to be successful:
- You are a member of a protected class
- Employees who had similar or fewer qualifications than you were treated more favorably
- You performed your work in a satisfactory way
- You experienced an adverse employment action due to discrimination
- Evidence of this discrimination exists
It can be difficult to obtain evidence proving reverse discrimination, as most employers don’t put their discriminatory practices into words or anything that can be documented. If you believe you’re being discriminated against, document any discriminatory statements or actions against you and save any written documentation showing discrimination, such as text messages, emails, and memos. It’s also a good first step to report the discrimination to your employer.
To help your case, you should obtain all work records that reflect that you have been performing satisfactorily, such as reviews, emails from a superior detailing your good work, your attendance record showing that you were always on time, and anything else that can corroborate that you have been a competent employee.
Make sure you document any and all adverse employment actions. You can be discriminated against in other ways than being let go from your job, such as a salary reduction, a title change, moving you to a different office, changing your hours, and more.
If your workplace has more than 5 employees, it is illegal for your employer to discriminate based on a protected class or retaliate against an employee for asserting their rights to be free from discrimination.
File an Administrative Complaint
If you believe you are experiencing reverse discrimination, the most important step you can take after documenting the discrimination is to file an administrative complaint. If you fail to do this within the specified timeframe, you will be prohibited from filing a discrimination lawsuit under Federal Civil Rights Laws and FEHA. You must submit your complaint to the Equal Employment Opportunity Commission (EEOC) or California’s Department of Fair Employment and Housing (DFEH). The DFEH provides more protections, so this is usually your best bet. However, there is no harm in filing an administrative complaint with both the DFEH and the EEOC; you can ask the representative at the DFEH to cross-file your complaint.
Your DFEH complaint must be filed within one year of the last act of discrimination you experienced, and the EEOC complaint must be filed within 300 days of the last act of discrimination or harassment you experienced.
If you have questions or need help filing an administrative claim or a lawsuit, contact our Orange County employment lawyers today.