Workplace discrimination lawyer for California, Nevada, and Washington employees

Passed over, paid less, demoted, or pushed out because of who you are? Freiman Legal represents employees in discrimination cases in California, Nevada, and Washington. One lawyer handles your case from the first call through trial. Call (310) 917-1004 or email lawrence@freimanlegal.com for a free consultation.

What discrimination looks like at work

Discrimination is an employment decision made because of a protected trait. The decision can be a firing, a refusal to hire or promote, a pay difference, a demotion, a schedule change, a write-up, or a steady pattern of small things that add up to being pushed out. The protected traits, depending on the state, include race, color, national origin, ancestry, religion, sex, pregnancy, sexual orientation, gender identity or expression, age, disability, medical condition, marital status, military or veteran status, and citizenship or immigration status.

It is rarely announced. The evidence is usually in the pattern: who got the promotion, who got the raise, what was said in the meeting, how the policy was applied to you and not to others, and what the employer wrote down before and after it decided.

Coverage in each state

California. The Fair Employment and Housing Act applies to employers with five or more employees. It is broader than federal law in who it protects and what it allows an employee to recover.
Nevada. Nevada law prohibits discrimination because of race, color, sex, sexual orientation, gender identity or expression, age, disability, religion, and national origin. Complaints are filed with the Nevada Equal Rights Commission.
Washington. The Washington Law Against Discrimination makes it an unfair practice to refuse to hire, discharge, or discriminate in pay or conditions because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, veteran or military status, or disability. An injured employee can sue directly and recover actual damages and attorney's fees.
Federal. Title VII reaches employers with 15 or more employees. The Age Discrimination in Employment Act reaches employers with 20 or more and protects workers 40 and older.

Common fact patterns

Age. Replaced by someone much younger after years of good reviews, or told the company wants "fresh energy."
Pregnancy. Hours cut, duties reassigned, or the job gone when you returned from leave.
Disability and medical condition. Fired after a diagnosis, a surgery, or a request for an accommodation the employer called a burden.
Race and national origin. Passed over for people with less experience, held to a different standard, or subjected to comments the employer treated as jokes.
Sex. Paid less than men doing the same work, kept off the client accounts that lead to promotion, or judged on appearance rather than results.
Religion. Denied a schedule or dress accommodation that cost the employer nothing.

What you can recover

Back pay and lost benefits, front pay where reinstatement is not realistic, emotional distress damages, punitive damages in cases of malice or reckless disregard, and attorney's fees. California does not cap these damages. Federal law caps compensatory and punitive damages by employer size, which is one reason a California case is usually filed under state law.

Deadlines

California. Three years to file a complaint with the Civil Rights Department, then one year from the right-to-sue notice to file suit.
Nevada. 300 days to file with the Nevada Equal Rights Commission or the EEOC, then 90 days from the right-to-sue notice.
Washington. Six months to file with the Washington State Human Rights Commission, one year for pregnancy discrimination. A lawsuit can be filed without an agency complaint.
Federal. 300 days to file an EEOC charge.

How we work a discrimination case

We start with your timeline and the documents you have. We get your personnel file and payroll records, which California employers must produce on request. We identify the comparators, the people treated better who did not share your trait, and we look at what the employer said at the time against what it says now. Most cases resolve at mediation. We prepare every case for the courtroom so that the mediation number reflects what a jury would do.

Questions people ask

My employer has a diversity policy. Does that matter? Only as evidence of what the employer knew it should do. A policy does not defeat a claim; the decision does.

I never complained to HR. Can I still sue? Yes. A complaint helps on some claims and is required on none of these.

I was the only person of my background on the team. Is that enough? It is a fact, not a claim. What matters is whether decisions about you were made because of it. We will tell you honestly whether the facts get there.

How long does a case take? Pre-suit resolutions can happen in months. A filed case in California typically takes one to two years to reach trial. Most settle at mediation before that.

Call (310) 917-1004 or email lawrence@freimanlegal.com. We reply within one business day. Please do not send confidential information until we have agreed in writing to represent you.

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