San Diego Employment Discrimination Attorney

Everyone deserves a respectful workplace free of discrimination. But discrimination comes in many forms and continues to this day.

Discrimination could be anything from offensive comments and micro-aggressions to blatant harassment and retaliation. Your employer’s harassment could cost you promotions in your career. You may suffer great mental and emotional pain because of discriminatory behavior.

And because most of us need a job to survive, you may feel powerless to fight the people who sign your paychecks.

But you don’t have to take any of that. We’re here to defend you from this type of unacceptable behavior – and we have the law on our side.

If you’ve faced discrimination at your job, you need an advocate to fight for you and your career. Don’t suffer in the shadows while your employer’s illegal behavior goes unchecked.

Your first consultation is free. Call Harlan Hillier DiGiacco at (619) 330-5120 or fill out our online form to talk to an experienced San Diego employment discrimination lawyer today.

“Mr. DiGiacco and his team are awesome. I appreciate the support and experience they provided to me. I make sure anytime I hear of a friend or family struggling with employer issues, to refer them to Mr. DiGiacco. I have had nothing but positive experiences surrounding a difficult situation that lasted a few years. Mr. DiGiacco did everything to make it as effortless as possible for me. It allowed me to continue to live, grow, and thrive as we worked towards a final resolution. If you pick this office, you have put your case in the right hands!”

– Jo Z. | Client

• Examining Employment Discrimination in San Diego
• What Are the Laws That Protect Against Discrimination?
• What Are Some Examples of Discrimination in the Workplace?
• Racial Employment Discrimination Attorney in San Diego
• Age Discrimination in the Workplace
• San Diego Workplace Discrimination Lawyer for Gender and Sex Inequality in the Workplace
• Gender Identity Discrimination in the Workplace
• San Diego Workplace Discrimination Attorney for Sexual Orientation and LGBTQ Matters 
• What Should You Do If You Experience Discrimination at Work?
• Can I Sue for Workplace Discrimination in San Diego?
• How Do I Sue for Discrimination?
• How Does a San Diego Employment Discrimination Law Firm Prove Your Discrimination Claim?
• Calculating Damages in Employment Discrimination Cases
• Contact Harlan Hillier DiGiacco in San Diego
• San Diego Employment Discrimination FAQs

Watch How Harlan Hillier DiGiacco Recently Won a $9.3M Verdict for a Wrongfully Terminated Client

Harlan Hillier DiGiacco won a $9.3 million verdict for Marilyn Buron, a 69-year-old occupational therapist wrongfully terminated while on family leave to care for her ill son. This landmark case highlights the critical need for employers to respect their workers as human beings with lives, families, and responsibilities beyond the workplace. Watch the video to see how our firm helped Ms. Buron hold her employer accountable.

Examining Employment Discrimination in San Diego

San Diego’s workforce is diverse, with a mix of different races, genders, and ages. For example, nearly two-thirds of San Diego County residents over 16 participate in the labor force. However, data from 2021 showed that people with disabilities and Black or African American residents had lower employment rates compared to others. These statistics suggest that even with strong laws, there’s still work to be done to ensure everyone has a fair chance in the workplace.

Unfortunately, many people in our city still face unfair treatment at work because of who they are.

Looking at recent information, we can see that certain types of discrimination continue to be a problem. In fact, the U.S. Equal Employment Opportunity Commission (EEOC) has taken action against San Diego companies for denying accommodations and even firing employees due to their disabilities. One such case involved a company that settled a charge after allegedly refusing to help an employee with a lung condition and then firing him.

Age discrimination is another issue that impacts workers in San Diego. Older employees sometimes face unfair treatment, like being forced to retire or being passed over for opportunities, simply because of their age. A major 2024 court case in San Diego recently awarded over $11 million to a 74-year-old medical screener who claimed her employer didn’t help with her back pain and fired her because of her age. 

Additionally, another large settlement right here in San Diego involved a medical group that had a mandatory retirement age, which the EEOC determined discriminated against older doctors.

A recent lawsuit against the San Diego Wave professional soccer club and the National Women’s Soccer League (NWSL) highlights how various forms of discrimination can unfortunately play out. Five former employees have accused the club and the league of discrimination, retaliation, wrongful termination, and sexual harassment. 

The lawsuit, filed in San Diego Superior Court, details allegations of a hostile work environment, particularly by club leadership. For example, some employees claim they faced discrimination for being Latina or for requesting to work remotely.

It’s truly startling and unnerving to learn about the very real discrimination that takes place right here in San Diego workplaces. The stories, like those above, serve as a harsh reminder that even in our community, individuals can face unfair treatment, harassment, and retaliation just for being themselves or speaking up.

If you’ve experienced anything like this, you’re not alone. Knowing your rights and having a  San Diego employment discrimination attorney can make all the difference in taking on these complex situations and seeking the justice you deserve. To schedule a 100% free case review call (619) 330-5120 or fill out our online form today.

What Are the Laws That Protect Against Discrimination?

There are both state and federal laws to protect you from workplace discrimination. California is an especially employee-friendly state, perhaps the most protective in the country.

But not all unfair treatment breaks the law. You must be part of a protected class to have a legal action for discrimination against your employer. Protected classes are groups that have historically faced discrimination. These groups now receive special protection under the law.

Whatever discrimination you suffered has to be on the basis of that protected identity.

Federal Anti-Discrimination Laws

Anti-discrimination laws have been passed over time for civil rights and public policy to ensure that everyone’s rights are protected. These laws prohibit discrimination based on:

• Title VII of the Civil Rights Act (CRA) – race, color, religion, sex, national origin, including membership in a Native American tribe.
• The Pregnancy Discrimination Act (PDA) – pregnancy, childbirth, or any related conditions, including termination or miscarriage.
• Age Discrimination in Employment Act (ADEA) – age over 40 years old.
• Americans with Disabilities Act (ADA) – disability.
• The Equal Pay Act (EPA) – gender.
• Immigration Reform and Control Act (IRCA) – citizenship status or national origin.
• The Civil Rights Act of 1866 (Section 1981) – race or ethnicity.
• The Genetic Information Nondiscrimination Act (GINA) – genetic information.

Federal discrimination laws are mostly enforced by the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ).

The legal requirements depend on each law. For example, the Equal Pay Act is broad and applies to nearly all employers. The ADA is more specific and applies to local governments, employment agencies, labor unions, and private employers with 15 employees or more.

At Harlan Hillier DiGiacco, we are committed to fighting discrimination. You may have even more rights depending on the state you live in, especially if you or your employer is in California.

San Diego Anti-Discrimination Laws

California has some of the strongest employee protections in the country. California state laws build on the protections granted under federal law. The Fair Employment and Housing Act (FEHA) adds even more protected classes, such as:

• Ancestry
• Physical or mental disability
• Marital status
• Sexual orientation
• Gender identity and expression
• AIDS/HIV status
• Medical conditions
• Political activities or affiliations
• Military or veteran status
• Status as a victim of domestic violence, assault, or stalking

FEHA applies to employers with at least 5 employees. The state law is enforced by the Department of Fair Employment and Housing (DFEH), which processes complaints.

What Are Some Examples of Discrimination in the Workplace That an Employment Discrimination Lawyer in San Diego Can Help Me With?

Unlawful discrimination happens when you experience negative effects or unequal or unfair treatment based on your protected characteristics. Discrimination can take many forms: direct or indirect, intentional or unintentional.

Direct discrimination occurs when your employer targets you specifically because of your protected characteristic. This could involve:

• Firing you or terminating your contract.
• Demoting you or deciding not to hire you.
• Refusing you training or safety equipment.
• Denying you promotions or writing you up for discipline.
• Forcing you to quit or pushing you out.
• Paying you less, reducing your salary, or denying you equal pay or benefits.
• Creating a hostile work environment with offensive comments and jokes.

With indirect discrimination, company policy doesn’t target any group specifically, but has the effect of disadvantaging someone because of their protected class. Examples of indirect discrimination at work include:

• Your employer assigns a new dress code that discriminates against certain hairstyles.
• All employees may be required to work on your religion’s day of rest.

To prove indirect discrimination, you must show not only that (1) you’re a part of a group affected by the policy, but also (2) the policy puts you personally at a disadvantage.

Indirect discrimination is more difficult to prove than direct discrimination. Your employer could defend themselves by:

• Arguing that their policy was objectively justified with a real business need, such as a health or safety issue, and
• Proving their policy was a proportionate way to achieve their goals.

The outcome of each discrimination case depends on the specifics. Discrimination can come in the form of microaggressions, which may be hard to prove in a trial. Discriminatory behavior can be an institutional problem or a company-wide pattern. Sometimes a culture of discrimination starts from the very top, with managers who model and reinforce bad behavior.

Facing such odds can be daunting. You may be tempted to keep your head down for the sake of your career. But you shouldn’t have to endure this type of abuse at your workplace. We’re here to help you put a stop to it and get you the compensation you deserve for your suffering.

Call Harlan Hillier DiGiacco at (619) 330-5120 or fill out our quick online form to discuss how a San Diego workplace discrimination attorney will stand up for you and your rights as an employee.

Racial Employment Discrimination Attorney in San Diego

Racial discrimination in the workplace is outlawed under Title VII of the Civil Rights Act of 1964. This is a federal law that covers every state in the United States.

Title VII makes it illegal for employers to do any of the following based on an employee’s race, color, national origin, or ancestry:

• Refuse to hire someone.
• Discipline or fire an employee.
• Pay an employee less or provide fewer benefits.
• Fail to provide opportunities or promotions to employees.
• Improperly label or separate employees or applicants.

You may have filled out a form with racial information while applying for or starting a job. That’s because employers can ask about race for affirmative action programs. This is legal as long as you don’t have to answer and no decisions are made based on the information you give.

Title VII generally applies to employers who have 15 employees or more. It includes local, state, and federal governments, and private and public colleges.

Under Title VII, employment agencies cannot base their referrals and work assignments on race. Labor unions also cannot make membership decisions based on race. The law also makes it illegal to discriminate against you based on the race of your spouse.

Title VII covers both intentional discrimination and neutral policies that result in discrimination. These are otherwise known as direct and indirect discrimination.

California Law Against Racial Discrimination

California state law covers companies that may not be covered under federal law. That means employees have greater protections in California.

The California Fair Employment and Housing Act (FEHA) makes it illegal for any employer with 5 or more employees to discriminate based on race, color, or ethnicity.

Ethnicity covers cultural characteristics based on where you were born or where your ancestors came from. This includes tribal affiliation for Native Americans. This could cover:

• Your name.
• The languages you speak.
• The religion associated with your culture.

The FEHA also makes it illegal to harass any employee, applicant, contractor, or unpaid volunteer based on their race or color.

Types of Racial Discrimination

Direct discrimination is when you’re treated differently because of your race. This is also called disparate treatment. Examples of direct racial discrimination include:

• A hiring manager passing over job candidates with certain types of names.
• Being excluded from projects or groups because you “wouldn’t fit in.”
• Your coworkers make comments about the way you dress or your customs.
• Company employees using racial slurs or telling racist jokes.

Racial harassment that creates a hostile work environment is also illegal.

Examples of Indirect Racial Discrimination

Indirect racial discrimination can happen even when employees don’t mean to discriminate.

Sometimes, treating everyone the same way can create a disadvantage for a specific group. A company policy could be “fair” on the surface, but harmful when applied. Instances of indirect racial discrimination may include:

• A company-wide dress code could conflict with your cultural attire.
• Hiring requirements could have the effect of disqualifying certain racial groups.

Not all cases of discrimination are clear. People rarely admit that they acted because of discrimination. Your employer could make up another excuse, putting your work ethic or character in question. This could hurt your reputation and cost you other jobs in the future.

This can be complex legal territory, especially with trade secrets and non-disclosures involved. That’s why you should talk to someone who knows the law – and fast.

Our experienced discrimination attorneys can guide you in putting together the best case with the strongest evidence. Call us at (619) 330-5120 or fill out our online form to get started now.

Age Discrimination in the Workplace

Are you over 40 years old? Has your employer started treating you differently because of your age? Do you suspect you were passed over for a job opportunity because your employer thought you were too old to learn something new?

This could be age discrimination, which is illegal in the workplace.

The Age Discrimination in Employment Act of 1967 (ADEA) protects anyone older than 40 from employment discrimination based on their age.

You’re protected against age discrimination between employees over 40, too. For example, a 60-year-old cannot be discriminated against in favor of a 50-year-old.

The ADEA applies to private employees with 20 or more employees, employment agencies, and labor organizations.

The U.S. Equal Employment Opportunity Commission (EEOC) is in charge of the ADEA.

What About Younger Employees?

The ADEA does not cover workers younger than 40. Some states have additional laws to protect younger employees, but California does not.

In fact, the ADEA allows employers to favor an older employee over a younger employee, even if both are over 40.

What Qualifies as Age Discrimination in the Workplace?

Employers are not allowed to discriminate against you because of your age. What are some examples of age discrimination?

• Your company lets you go, then hires a younger worker in your place for less money.
• You stop getting promotions, raises, or any big-ticket assignments.
• You get removed from good client accounts or reassigned to unpleasant tasks.
• You start hearing comments and questions about your age and retirement plans.
• Your company starts pushing early retirement offers.
• Your performance reviews suddenly take a turn for the worse, even though the quality of your work hasn’t changed.

Under the ADEA, it is also illegal for employers to make hiring decisions based on your age. This includes asking about your age during your employment application, or calculating your age based on your experience and education, and discriminating against you for it

During the hiring process, an employer can only ask about your age if it’s a reasonable question that’s essential to the operation of the business.

Age Discrimination in Employer Policies

Age discrimination can happen even if your employer doesn’t single you out. You can suffer discrimination even if it’s not on purpose. For example, if a company policy applies to everyone but negatively affects employees over 40 years old.

Age discrimination is a big concern during company layoffs. Even if the company doesn’t target older workers to be laid off, they have to be careful. If layoffs affect a disproportionate number of older employees, your employer could be guilty of age discrimination.

Your employer can still defend themselves by showing that its layoff decisions were based on a reasonable factor other than age, such as your performance reviews.

San Diego Employment Discrimination Attorney for Gender and Sex Inequality

Sex or gender discrimination at work involves treating someone differently or negatively because of their sex, gender, or gender identity.

Gender and sex discrimination in the workplace can happen to women, men, as well as transgender, non-binary, or gender-fluid individuals. It can happen whether you’re a current employee or applying for a job.

Like other forms of discrimination, sex discrimination is illegal in all aspects of employment. This includes interviewing, hiring, starting salaries, promotions, benefits, job duties, layoffs, and firing.

Even though the United States is making strides in sex and gender equality, sex and gender discrimination are still a daily reality for millions of people.

You could have a case for sex discrimination if your employer:

• Discourages female employees from applying to upper-level jobs.
• Refuses to promote women to level of manager or supervisor.
• Gives women fewer responsibilities than their male colleagues.
• Pays women less than their male counterparts.
• Excludes women from team socializing or other events.
• Fosters a “boys’ club” type culture in the office.
• Tolerates or even participates in gendered jokes, insults, or microaggressions.
• Fails to take action against harassment or a hostile work environment.
• Retaliates against you for reporting gender discrimination.
• Makes assumptions about your work capabilities based on your gender.

Gender-Based Stereotypes and Assumptions at Work

Assumptions have the power to hurt your career, even if they’re never said out loud. A lot of gender- or sex-based discrimination is based on stereotypes or traditional gender roles.

For example, it would be illegal discrimination for your employer to assume that:

• As a woman, you’re not as physically strong or technically proficient as men.
• You won’t travel or put in long hours because of domestic responsibilities.
• You don’t have the same level of ambition as men.
• You can’t exercise authority because of your gender.
• Employees won’t listen to you because you’re a woman.

Some companies have tried defending claims of sex discrimination by arguing that they are just reflecting the assumptions and beliefs of society. For example, airlines have argued that they were unable to hire men because the public expects female flight attendants.

This argument has failed in court.

In fact, it doesn’t matter whether your employer acts out of a negative bias. Sex discrimination is illegal, even if your employer thinks that they’re just following social norms.

San Diego Sex, Gender, and Sexual Orientation Discrimination Laws

Sex and gender discrimination are illegal in all 50 states under Title VII of the Civil Rights Act of 1964.

Title VII makes it illegal for your employer to discriminate against you on the basis of your sex or gender identity. The definition of “sex” under Title VII includes pregnancy, childbirth, and related conditions. Title VII also makes sexual harassment illegal.

Title VII covers both private and public employers, state and local governments, and educational institutions with 15 or more employees. It also applies to employment agencies, labor organizations, and other types of labor-management committees.

Many states have their own sex and gender discrimination laws in addition to Title VII. For example, California’s Fair Employment and Housing Act (FEHA) is one of the most powerful anti-discrimination laws in the country.

FEHA outlaws sex and gender discrimination for all employers with 5 or more employees.

What Is Gender Identity Discrimination?

Your gender identity is the gender that you identify with. This could be different than the gender you were assigned at birth.

You may show your gender identity through gender expression – mannerisms, styles of dress, language, or other personal characteristics. For some people, their gender identity does not necessarily match their gender expression.

Unfortunately, gender identity discrimination is still a problem today. Transgender, gender-fluid, and gender non-conforming individuals are at high risk for discrimination and harassment.

Examples of gender identity discrimination in the workplace include:

• Teasing, jokes, slurs, or threats about your gender or gender identity.
• Singling out transgender or gender-nonconforming employees for different treatment.
• Refusing to hire someone who is undergoing a gender transition.
• Refusing to promote someone who uses a gender non-conforming name or pronoun.
• Refusing to address you by your proper name or pronouns.
• Failing to stop gender identity harassment when it happens.
• Requiring workers to wear uniforms based on the wrong gender identity.
• Forcing employees to use the bathroom based on the wrong gender identity.
• Firing an employee who dresses, grooms, or behaves in a way that doesn’t conform to their perceived gender.

If you’re facing gender identity discrimination, you should talk to an experienced local employment lawyer. Harlan Hillier DiGiacco is an experienced employment law firm based in California. We can help protect your career. Call us at (619) 330-5120 today for a free consultation.

Gender Identity Discrimination in the Workplace

There is no federal law that outlaws discrimination based on gender identity – at least, not in those exact words. However, the Equal Employment Opportunity Commission (EEOC) includes gender identity under Title VII’s definition of “sex.”

As a result, it is illegal under Title VII to discriminate against someone in the workplace for their gender identity. Gender identity is currently a protected class in all 50 states.

At least 20 other states, plus the District of Columbia, have additional laws protecting against gender identity discrimination.

California Gender Non-Discrimination Act

Recently, the California Gender Non-Discrimination Act expressly added gender identity as a protected class. Although California law already protected against gender discrimination, the Gender Non-Discrimination Act made the language even clearer.

San Diego Workplace Discrimination Attorney for Sexual Orientation and LGBTQ Matters

Just like sex discrimination, sexual orientation and LGBTQ discrimination are still major issues in the United States. At Harlan Hillier DiGiacco, we believe everyone deserves an equal workplace free from discrimination, no matter their identity or sexual orientation.

LGBTQ discrimination statistics show that:

• A majority of LGBTQ employees have been verbally or physically abused at work,
• Up to 43% have experienced some type of discrimination in the workplace, and
• 17% have reported being fired because of their sexual orientation or gender identity.

Examples of LGBTQ and sexual orientation discrimination include: 

• Comments, jokes, or microaggressions based on your sexual preference.
• Being denied promotions because of your sexual preference.
• Being treated differently by a manager after they discover your sexual orientation.
• Your employer denying you benefits or insurance because of your sexual orientation.
• Your employer failing to take action against harassment and discrimination at work.
• Retaliating or firing you for reporting discrimination in the workplace.

Sexual orientation discrimination is illegal whether it’s based on someone’s actual or perceived orientation. If your employer acts against you because of your sexual orientation – even if they get it wrong – that is still discrimination, and you could have a case to sue.

LGBTQ Employment Discrimination Laws

The Equal Employment Opportunity Commission (EEOC) includes sexual orientation under Title VII’s definition of “sex.”

But there are decades of laws and policies that protect LGBTQ individuals at work. Plus, 22 states, including California, have their own LGBTQ workplace protections. Over 90% of Fortune 500 companies have policies that prohibit discrimination based on sexual orientation.

That means you have rights.

What Should You Do If You Experience Discrimination at Work?

If you’re experiencing workplace discrimination, you should talk to a lawyer as soon as possible.

In the meantime, you can take steps to protect yourself and your rights.

• Keep a journal or log of any incidents in a safe place outside of work. Make sure to include the names of witnesses as well as those involved.
• Report the incidents in writing if you feel safe to do so. Follow your employer’s reporting procedure if they have one; otherwise, write to HR or a supervisor. Your report doesn’t have to be formal; an email qualifies as “in writing.”
• Keep records and copies of any documents or emails about the incident.
• Keep records of any positive performance reviews in case your employer tries to retaliate against you.
• Take care of yourself. No one should have to endure discrimination. Reach out to your support system or talk to a professional about your mental health.

Discrimination can lead to a hostile work environment, which can take a toll on your mental health. You may be stressed or frustrated, but quitting your job may make it more difficult to win a lawsuit against your employer.

You don’t have to quit your job to put an end to discrimination. Contact Harlan Hillier DiGiacco at (619) 330-5120 before you have to take this unacceptable abuse for another day.

Can I Sue for Workplace Discrimination in San Diego?

If you’ve experienced workplace discrimination, you can bring a lawsuit against your employer. Your company could be liable for discrimination depending on how they handled your situation.

Your employer has a duty to address incidents of discrimination in the workplace if they were aware, or should have been aware of the behavior.

Under federal and state law, employers must have policies in place to make sure such discrimination does not happen again.

But having a handbook is not enough. Employers must actually follow through with their anti-discrimination policies. In many cases, victims of discrimination go to HR and follow their company’s reporting procedures, only for their companies to do nothing.

• Perceived Race – Racial discrimination in the workplace is illegal, even if the offender is wrong about your race.
• Racial discrimination can happen to anyone, not just minorities.
• You can suffer discrimination from someone who is the same race as you.

How Do I Sue for Discrimination?

For employment discrimination cases, you must usually file a complaint with the right government agency before you can file a lawsuit.

For federal discrimination claims, you file with the Equal Employment Opportunity Commission (EEOC).

For California state discrimination claims, you file with the California Department of Fair Employment and Housing (DFEH).

Depending on the type of discrimination, you have to file your claim within a certain time limit. This can be anywhere between 180 days to 300 days of the discriminating incident.

Call Harlan Hillier DiGiacco at (619) 330-5120 – our experienced employment law attorneys can help fill out your forms, complete your discrimination claim, and guide you through the process.

EEOC Investigation Process

The government agency will then investigate your claim. This could involve:

• Interviewing witnesses or visiting your workplace.
• Requesting more information from you or your employer.
• Inviting you and your employer to a mediation.

In rare cases, the EEOC may take your case to court. But in most cases, the EEOC will give you a right to sue letter within 180 days. Once you get this letter, you can file your own private lawsuit against your employer for discrimination.

Right-to-Sue Notices

A right-to-sue notice allows you to take your discrimination case to court. Once you get it, you have to act fast – within 90 days under federal law.

Sometimes, instead of a right-to-sue letter, you could get a Dismissal and Notice of Rights. Even if this happens, you could still file a successful claim for discrimination. Similar to the right to sue letter, you have 90 days to file your lawsuit.

It’s crucial to meet this deadline. Otherwise, your case may be thrown out of court, and you may lose the chance to defend your civil rights.

If you have a right to sue letter, contact a lawyer as soon as possible. The more time you have to prepare your case, the better. Harlan Hillier DiGiacco will help you file your claim quickly and effectively.

Requesting a Notice of Right-to-Sue

If you don’t want to wait for the EEOC to complete its investigation, you can request a notice of right-to-sue. Call our attorneys at (619) 330-5120 to get started now.

Filing a Complaint With the California DFEH

When you have a claim for discrimination under the California Fair Housing and Employment Act (FEHA), you file a complaint with the state Department of Fair Employment and Housing (DFEH). Generally, you have to do this before you can sue.

The DFEH complaint procedure can be long and complex.

• First, you have to file a pre-complaint inquiry within 1 year of the last incident of discrimination and do an intake interview.
• An investigator will contact you within 60 days to discuss your inquiry.
• If the DFEH decides not to take on your complaint, they will dismiss your case and give you a right-to-sue letter.
• If the DFEH accepts your complaint, they will deliver it to your employer.
• Your employer will respond to the complaint, and the DFEH will review.
• The DFEH will give both parties the chance to negotiate through mediation or alternative dispute resolution. If negotiation fails, DFEH will start an investigation.
• The investigation will decide if your employer violated California law.
• If the DFEH finds a violation, it can take on your case and send it to the DFEH Legal Division to pursue.
• If the DFEH finds no violation, it will close its case and give you a right-to-sue letter. You are then free to take the case to court yourself.

Usually, you need a right-to-sue letter from the DFEH before you can sue your employer.

You might have to wait for the state to finish its administrative process. Or, you can call an attorney to file your complaint and get an immediate right-to-sue. 

How Does a San Diego Employment Discrimination Law Firm Prove Your Discrimination Claim?

Once you’ve hired an experienced employment law attorney for your case, your lawyer will start compiling evidence that supports your case.

Discrimination claims are fact-specific. Every case is different based on the circumstances. That’s why it’s important to talk to a lawyer experienced in discrimination cases who knows how to build a strong case.

To prove intentional workplace discrimination, you must show that:

• You’re being discriminated against based on a legally protected characteristic
• Your employer is covered under state or federal anti-discrimination law
• Your employer took negative action against you (this is called an “Adverse Employment Action”)
• The motivating factor behind the negative action was discrimination
• You suffered harm because of your employer’s negative action (such as emotional distress or lost wages)

If you can prove these points, you have a strong workplace discrimination claim against your employer. 

But what if the discrimination you deal with isn’t intentional? Sometimes, company policies may seem neutral on their face but have a discriminatory impact on a specific group.

Proving Unintentional Discrimination

Unintentional discrimination can also be called disparate impact discrimination.

Disparate impact means that an employment policy has a disproportionately negative effect on members of a protected class, even if the policy seems harmless on paper.

Disparate impact cases are even more complicated than intentional discrimination cases. Proving your claim could require the following:

• First, you must provide enough evidence to show a presumption that your employer’s policy has a discriminatory effect on a protected class.
• Next, your employer can show that the policy was a job-related business necessity.
• You can still win if you show that your employer refuses to adopt a non-discriminatory policy that achieves the same business purpose.

If you’re a victim of workplace discrimination, the sooner you talk to an attorney, the better.

The effect of discrimination on your career could be catastrophic. A misguided manager could derail your climb up the ladder. An ill-considered policy could put you unfairly behind your colleagues and cost you the promotions you deserve.

When it comes to your paycheck, a lot of money could be at stake. If the discrimination is especially malicious, outrageous, or harassing, a lawsuit could end up in a large settlement.

Calculating Damages in Employment Discrimination Cases

If your employer is found guilty of either direct or indirect discrimination, you may have a right to compensation for the damages you’ve suffered.

The specifics of your case will determine how much you can get in damages. If your case goes to trial, a judge or jury will determine what kind of compensation you’ll get. Your case may also be settled out of court, where your employer might make you a settlement offer.

If you get a settlement offer from your employer, you should talk to a lawyer before you sign anything. Settlement offers and contracts can be complex, and you may end up signing away your rights. The experienced attorneys at Harlan Hillier DiGiacco can help you navigate these high-stakes negotiations.

What Types of Compensation Can a San Diego Employment Discrimination Lawyer Help Me Recover?

Damages exist to “make you whole” after the harm you’ve suffered. The goal is to put you in the same position you would’ve been in had the discrimination not happened.

For example, if discrimination cost you a job or promotion, your remedy could be:

• Placing you into the job position you had been denied,
• Paying you any salary or benefits you may have missed, and/or
• Covering your legal fees, court costs, or expert witness fees.

These are actual damages you have suffered because of unlawful discrimination.

Sometimes, placement isn’t possible because the lawsuit has turned your company into a hostile work environment for you. Damages could include future pay you lose as a result.

If your employer is found guilty of discrimination, they must also stop the discriminatory practice and make changes to prevent it from happening again.

For federal cases under Title VII, if your employer is guilty of intentional discrimination, you might be able to get compensatory or punitive damages.

This covers discrimination based on: race, color, national origin, religion, disability, sex, pregnancy, gender identity, sexual orientation, and genetic information.

Compensatory damages cover you for any:

• Out-of-pocket costs (such as job search and medical expenses)
• The emotional harm you suffered because of the discrimination. Emotional harm could be any mental anguish, inconvenience, or loss of enjoyment in your life.

Punitive damages exist to punish your employer. You could get punitive damages if your employer acted maliciously or recklessly in their discrimination.

Compensatory and punitive damages are harder to get because they’re harder to define. How do you measure emotional distress in a dollar amount?

That’s why the facts of each case are so important. If your employer’s behavior is especially bad, sustained over a long time, or combined with harassment or retaliation, you could have a case for compensatory and punitive damages.

Federal Limits on Compensatory and Punitive Damages

The EEOC limits compensatory and punitive damages. That means if you filed your lawsuit in federal court, you can only get so much, depending on the size of your employer.

The attorneys at Harlan Hillier DiGiacco can help you decide between the benefits of filing a state versus federal claim. Especially if you live in California, filing a lawsuit in state court has its advantages.

Employment Discrimination Damages in California

California state law has no limit on punitive damages. That means that some state discrimination lawsuits could end up with damages in the millions.

The possibility of high punitive damages can also make your employer more likely to settle and offer a higher amount in their settlement. This can be a point of negotiation – the more reprehensible your employer’s actions, the more punitive damages could be on the table.

To win punitive damages in a discrimination case in California, you must show with clear and convincing evidence that your employer (or a “managing agent” within the company) acted in malice, oppression, or fraud.

If you’re able to show malice, oppression, or fraud, the court may allow the jury to consider your employer’s wealth to calculate punitive damages.

The more severe and egregious your employer’s conduct, the more your case may be open to punitive damages. Call our California local attorneys today at (619) 330-5120 or fill out our online form, and let’s talk about your options.​

Why Hire Harlan Hillier DiGiacco

At Harlan Hillier DiGiacco, we understand the complexities of employment law in California and are committed to advocating for your rights every step of the way.

When you choose our firm, you gain access to compassionate legal professionals who will listen to your story with empathy and provide you with personalized guidance tailored to your unique situation. We believe that everyone deserves to work in an environment free from discrimination, harassment, and retaliation. By working together, we can explore all available legal avenues to pursue the compensation and remedies you deserve for the harm you’ve experienced.

Take the first step towards reclaiming your rights and dignity by reaching out to Harlan Hillier DiGiacco online or by calling (619) 330-5120 today. Our team is ready to provide you with a free, fully confidential consultation to discuss your case and develop a strategic plan of action. 

Don’t let discrimination go unchecked — let us be your advocates for positive change in your workplace and beyond.

Proudly Representing San Diego, CA Residents

San Diego Employment Discrimination FAQs