Discrimination

Have you been discriminated against?

State and federal laws protect employees from discrimination in hiring, termination, promotion, and discipline based on protected classes recognized under state and federal laws.

Employees who are discriminated against or harassed based on race, age, sex, religion, national origin, nationality, or sexual orientation are protected. They may pursue claims against their employers for unlawful treatment. While the law provides that employees may pursue such claims without being subjected to retaliation, this is often not the case. If you are fired or terminated for complaining about harassment or discrimination, you may have a separate claim against your employer.

At Andrea Cook & Associates, we have aggressively prosecuted wrongful termination, discrimination, and harassment cases for over 30 years. The attorneys at our firm are knowledgeable, skilled, and committed to protecting clients’ rights and fighting for you.

We are aggressive and experienced employment law attorneys. Put our extensive experience to work for you. Contact us today to learn about your rights and options.

Are you among a protected class of workers?

The attorneys at our law firm confidently represent clients in discrimination cases that are based upon many personal characteristics. In all aspects of employment, employers must not discriminate against employees regardless of their status concerning:

We take our obligation to protect the civil rights of our clients seriously.

We have a diverse background in handling and resolving thousands of cases involving the rights of various protected classes of people and are fearless when representing clients with meritorious cases of first impression. We also handle complex employment discrimination cases involving multiple plaintiffs and, on occasion, multiple defendants.

Are you the victim of age discrimination?

The California Fair Employment and Housing Act (commonly known as FEHA) prohibits employers from discriminating against employees over 40 years old. The burden of proof ultimately rests on the employee to prove he or she has been the victim of discrimination. Without direct proof, proof of discrimination must be shown indirectly by the use of statistics and other information, including layoffs or terminations for no reason or for a “bad reason.” Examples of age discrimination include a female executive, over the age of forty, who was terminated after she complained about the failure to promote her when a younger and less experienced employee was promoted; outside salesman, age 65 who had significant portions of his territory taken from him; and, a woman who worked every job in a small factory and was terminated for “lack of work” during a factory slowdown.

Have you been discriminated against based on your disability?

Individuals with physical or mental disabilities, as defined by law, are protected as long as they can perform the essential functions of their job safely and efficiently. Employers are required to provide reasonable accommodations unless the accommodation would result in undue hardship. An example of disability discrimination includes a dock worker who suffers from epilepsy, who can perform all of his or her job duties safely while on medication, and with periodic rest breaks, is prevented from carrying on his job or responsibilities. The employer must accommodate such a worker by providing necessary rest breaks and the required time to take medication. These protections may apply if the employee currently suffers from a disability, has a history of a disability, or is perceived to have a disability.

Have you been discriminated against because of your pregnancy?

State and federal laws prohibit employers from harassing, demoting, terminating, or discriminating against employees for becoming pregnant or requesting pregnancy leave. Female employees returning from pregnancy/disability leave are entitled to return to their same position or a comparable position. A woman who is pregnant and seeks to bond with her newborn child, or who suffers a disability because of pregnancy and childbirth, enjoys special protections under state and federal laws.

Andrea Cook & Associates has been fighting for Employee Rights and Protecting Individuals Subject to Pregnancy Discrimination in the workplace for more than thirty years.

As a member of the LGBT community, have you been treated fairly in the workplace?

Lesbian, gay, bisexual, and transgender people should be able to participate fully in American life. Like all Americans, they are entitled to be free from discrimination based on sexual orientation and gender identity on the job; in housing; adopting a child; when attending school; while shopping or getting services at restaurants, hotels, and other public places; and, when accessing government programs and services.

The impact of discrimination on the LGBT community takes a terrible toll.

1. An extensive body of research shows that exposure to anti-LGBT discrimination increases the risks of poor mental and physical health for LGBT people.
2. The mental health consequences of discrimination for LGBT people include depression, anxiety, suicidality, PTSD, substance use, and psychological distress.
3. The physical health consequences of discrimination include bodily injury, elevated stress hormone levels, cardiovascular disease, and poor self-reported health.
4. The types of discrimination associated with LGBT health harms include interpersonal discrimination, such as bullying, harassment, or assault, and structural discrimination, such as laws, policies, or practices that deny services, opportunities, or protections to LGBT people.
5. Discrimination is linked to health harms even for those who are not directly exposed to it because the presence of discrimination, stigma, and prejudice creates a hostile social climate that taxes individuals’ coping resources and contributes to minority stress. Manifestations of this stress, including internalized stigma, low self-esteem, expectations of rejection, and fear of discrimination, help explain the health disparities seen in LGBT populations.
6. Discrimination against LGBT people can occur in any area of daily life, including public spaces, workplaces, schools, hospitals, and doctors’ offices, and at home.
7. Discrimination based on intersecting identities such as gender, race, or socioeconomic status can exacerbate the harms of discrimination based on sexual orientation or gender identity.
8. Protective factors against the harms of discrimination include peer, community, and family support; access to affirming health care and social services; and, the establishment of positive social climates, inclusive practices, and anti-discrimination policies.

For more than thirty years, Andrea Cook & Associates has represented clients, including in cases of first impression, involving the rights of LGBT people. These cases include a teacher harassed by students, and a transgender woman, earning a six-figure income, which the company terminated after she was “outed” as a former male executive in a different state. The lawyers at Andrea Cook & Associates have been at the forefront of fighting for the rights of the LGBT community for more than twenty years.

Have you been discriminated against in the workplace?

If you feel you were a victim of employment discrimination, we are ready to fight for you. Our law firm’s founding attorney has a deep background, carefully investigating cases to prove fault. We are committed to seeking as much compensation as possible for clients who have been discriminated against.

Employment discrimination is a complicated area of the law. We have in-depth experience protecting clients, and we are well-prepared to help you. Contact us today to discuss problems you are experiencing with discrimination in the workplace.