Workplace harassment and discrimination can make it difficult or even unbearable for employees to perform their jobs, leaving lasting emotional and financial consequences. Whether it’s based on race, gender, age, disability, religion, or other protected characteristics, harassment and discrimination in the workplace are illegal under federal and state laws. If you’ve experienced unfair treatment at work, a skilled workplace harassment and discrimination lawyer can help you take legal action to protect your rights and hold your employer accountable.

At Knapp Moss, we represent victims of workplace harassment and discrimination throughout California. Our dedicated legal team is committed to helping employees seek justice, end abusive work environments, and secure compensation for the harm victims have endured.

What is Workplace Harassment?

Workplace harassment occurs when an employee is subjected to unwelcome behavior or treatment that creates a hostile, intimidating, or offensive work environment. This can include both verbal and physical conduct, as well as unwanted advances. Harassment is illegal when it is based on a protected characteristic and when it is severe or pervasive enough to affect an employee’s work performance or well-being. There are two primary types of workplace harassment:

• Quid Pro Quo Harassment: This type of harassment occurs when a person in a position of authority demands sexual favors in exchange for employment benefits, such as promotions, raises, or job security. It can also involve threats of negative consequences, like demotion or termination, if the victim does not comply.
• Hostile Work Environment: A hostile work environment exists when harassment is so severe or pervasive that it creates an abusive or offensive atmosphere. This can include repeated unwelcome comments, inappropriate jokes, offensive remarks, or physical behavior that targets an individual based on protected characteristics like gender, race, or religion.

Examples of workplace harassment include:

• Unwelcome sexual advances or physical contact
• Racial slurs or offensive comments about someone’s race or ethnicity
• Derogatory jokes about a person’s gender, age, or disability
• Displaying offensive images or objects, such as posters, in the workplace
• Retaliation against an employee for filing a complaint about harassment

What is Workplace Discrimination?

Workplace discrimination occurs when an employee is treated unfairly or differently based on a protected characteristic. Discrimination can affect various aspects of employment, including hiring, promotions, wages, job assignments, and termination. Discrimination in the workplace is prohibited by several federal laws, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the California Fair Employment and Housing Act (FEHA).

Common types of workplace discrimination include:

• Race and Ethnicity Discrimination: Unfair treatment based on a person’s race, ethnicity, or national origin, such as being denied promotions, facing discriminatory hiring practices, or being subjected to racial slurs.
• Gender Discrimination: Treating employees unfairly based on their gender, such as paying men more than women for the same work, refusing to hire women for certain positions, or denying promotions to women.
• Age Discrimination: Discrimination against employees over the age of 40, such as being passed over for a promotion or being forced into early retirement due to age.
• Disability Discrimination: Failing to provide reasonable accommodations for employees with disabilities or treating them unfairly based on their physical or mental condition.
• Sexual Orientation and Gender Identity Discrimination: Discrimination based on an employee’s sexual orientation or gender identity, including harassment, wrongful termination, or unequal treatment in promotions and wages.
• Religious Discrimination: Treating employees unfairly based on their religious beliefs, practices, or attire, or refusing to accommodate reasonable requests for religious practices.

Why You Need a Workplace Harassment and Discrimination Lawyer

Workplace harassment and discrimination cases can be legally complex and emotionally challenging. Navigating the legal process requires a deep understanding of federal and state employment laws, as well as the ability to prove that the employer’s conduct was discriminatory or harassing. A workplace harassment and discrimination lawyer can provide essential support by:

• Proving Harassment or Discrimination: Proving that you were the victim of harassment or discrimination often requires detailed evidence, including witness statements, documentation of unfair treatment, and performance records. Your lawyer will help you gather and present this evidence to build a strong case.
• Handling Employer Retaliation: Many employees fear that reporting harassment or discrimination will lead to retaliation from their employer. It is illegal for an employer to retaliate against employees for filing complaints or participating in investigations. Your lawyer will help protect your rights if you face retaliation, such as wrongful termination, demotion, or other adverse actions.
• Filing Complaints with Government Agencies: Workplace harassment and discrimination claims are typically filed with federal or state agencies before a lawsuit can be pursued. Your lawyer will guide you through the process of filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH) to ensure that your claim is properly handled.
• Seeking Compensation: Victims of harassment and discrimination may be entitled to compensation for lost wages, emotional distress, and other damages. Your lawyer will help calculate the full extent of your losses and pursue compensation on your behalf.

Filing a Workplace Harassment and Discrimination Claim

If you’ve been a victim of harassment or discrimination in the workplace, there are several steps you can take to protect your rights and hold your employer accountable:

1. Document the Harassment or Discrimination: Keep detailed records of any incidents of harassment or discrimination, including dates, times, locations, and the names of those involved. Save any relevant emails, text messages, or performance reviews that support your claim.
2. Report the Behavior to Your Employer: Most employers have policies in place to address workplace harassment and discrimination. If you feel safe doing so, report the behavior to your HR department or supervisor. Your employer is required to investigate and take action to stop the harassment or discrimination.
3. File a Complaint with the EEOC or DFEH: If your employer fails to address the issue, or if the behavior continues, you can file a formal complaint with the EEOC or the California Department of Fair Employment and Housing (DFEH). Your lawyer will assist you in filing the complaint and ensure that all deadlines are met.
4. Pursue a Lawsuit: If the EEOC or DFEH cannot resolve your case, you may be issued a right-to-sue letter, allowing you to file a lawsuit against your employer. Your lawyer will represent you in court and work to secure fair compensation for your losses.

Compensation in Workplace Harassment and Discrimination Cases

Victims of workplace harassment and discrimination may be entitled to several types of compensation, depending on the nature of the harassment or discrimination and its impact on their lives. Common forms of compensation in these cases include:

• Back Pay: Compensation for lost wages or salary if the harassment or discrimination caused you to lose your job, be demoted, or be passed over for a promotion.
• Emotional Distress: Harassment and discrimination can cause significant emotional and psychological harm, including anxiety, depression, and post-traumatic stress. Compensation for emotional distress accounts for the non-economic impact of the abuse.
• Lost Benefits: Compensation for lost benefits, such as health insurance, retirement contributions, or bonuses that were denied due to the discriminatory or harassing behavior.
• Punitive Damages: In cases where the employer’s conduct was particularly egregious or intentional, the court may award punitive damages to punish the employer and deter similar behavior in the future.
• Legal Fees: You may also be entitled to recover the costs of hiring a lawyer, including attorney’s fees and court costs.

Why Choose Knapp Moss?

At Knapp Moss, we have extensive experience handling workplace harassment and discrimination cases throughout California. Our legal team is committed to providing personalized, compassionate representation, and we fight tirelessly to hold employers accountable for their actions. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you’ve experienced harassment or discrimination in the workplace, hiring an experienced workplace harassment and discrimination lawyer can help you secure justice and protect your rights. At Knapp Moss, we are dedicated to helping employees fight against workplace abuse and secure fair compensation for the harm they’ve suffered. Contact us today for a free consultation.