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Political Discrimination At Work

Political Discrimination At Work

 

Political affiliations and beliefs are incredibly polarizing in America today and can cause deep social divides.

Under California employment law, however, it is illegal for legal political activity or political views to impact one’s status in the workplace.

Navruz Avloni is an experienced employment attorney dedicated to fighting against discrimination in the workplace.

If you are experiencing discrimination in the workplace and looking for a political affiliation discrimination lawyer, reach out to Navruz Avloni for a free consultation.

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Political Discrimination At Work

California Labor Code sections 1101 and 1102 prohibit political discrimination at work. Political discrimination involves the differential treatment of employees based on their political affiliation or activity. It is illegal for an employer in California to treat an employee unfavorably because of their political beliefs, political opinions, voting behavior, engagement in political discussions, affiliation with any political party or group, political speech or activism, expressions online or on social media, and more. It is likewise prohibited for an employer to attempt to coerce or suppress political activity using the threat of retaliation or termination. Employers cannot base employment decisions including but not limited to hiring, promotion, pay, workplace opportunities, benefits, and training based on an employee’s political affiliation or activity.

If an employee’s political affiliation or activity is illegal, or if it substantially disrupts the employees’ ability to perform their job duties, an employer may have just cause to terminate an employee.

Note that while political discrimination at work is unlawful in California, federal law does not prohibit discrimination based on an employee’s political activities. Freedom of speech is protected by the first amendment, but federal laws do not specifically provide protections against political discrimination by private employers.

The law additionally protects employees who report unlawful employment discrimination. If you make a complaint of workplace discrimination, resist discrimination in the workplace, or participate as a witness in a discrimination complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination, your employer has retaliated against you and broken the law.

If you have experienced discrimination at work, you may be entitled to compensation under state laws in the form of back pay, front pay, emotional distress damages, and putative damages

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If you believe you may be facing discrimination at work based on your political activity or affiliation, take the following steps to support your case:

Save Evidence: Record all relevant events or interactions in writing. Save related notes and documents. Additionally, you may request your personnel file to review any documents you have signed and ensure that your file is complete.

Report the Discrimination: Report the discrimination directly to your employer. If your employer does not correct their behavior, you may file a complaint with the California Department of Fair Employment and Housing (DFEH). There is a 3-year deadline to file with the DFEH. It is recommended you consult an attorney prior to reporting the conduct to the DFEH or the EEOC so that your complaint to these agencies does not leave out any pertinent information.

Find an Attorney: Reach out to an employment lawyer. Navruz Avloni is an employment attorney dedicated to fighting for your rights in the workplace. Click here to schedule a free consultation with Navruz Avloni.

Testimonials

Do not let Navruz's gentle demeanor fool you - she is an absolute bulldog litigator who will stop at nothing to make sure her client's interests are zealously represented. I routinely turn to Navruz for any discrimination-related issues in my work comp cases, and her command of this area of law is top notch. I have no reservations recommending Navruz as an attorney.

Lael Abaya

My experience with Avloni Law was the best I could have asked for. Rather than speaking with a case manager, I spoke directly with attorney, Navruz, who was incredibly efficient, diligent and informative, all while maintaining empathy and kindness. After our intake phone conversation, she did not delay in sending me a checklist of documentation to assemble, and was available to answer my questions. She speedily informed me she couldn't take on the case since it involves Tribal Law, however, she didn't leave me hanging. Instead, she sent me a list of attorneys who could assist. To reiterate, while my interactions with Navruz were brief, it's obvious she's thorough and knowledgeable. I was incredibly impressed with her qualifications (including her studies in rhetoric, which I'd imagine would help persuade and build a case) and several honors and awards. I spoke to many law firms and Avloni stood out most due to Navruz's expertise and client follow-up. Don't hesitate in contacting Avloni Law.

Ryan Shannon

Navruz was a godsend when my tech startup employer discriminated & retaliated against me. She explained the process so smoothly and was very responsive. I don't have a ton of experience working with attorneys, but she's the absolute best I've ever worked with and can't imagine meeting anyone better. Each time I would present a new situation or ask a question she was prompt to reply and offer a phone conversation to ensure I understood and could make the best decisions for my case. Although the experience with my employer was brutal, I'd love nothing more than to be able to work with her again. True blessing of a human-being. HIGHLY RECOMMEND.

Tessa K

Working with Nav has been inspiring to say the least. As a fellow member of the San Anselmo Racial Equity Committee, she brings her knowledge as a highly skilled civil rights attorney, along with her strong commitment to addressing equity issues in our town. She is hard working, patient, understanding and always willing to listen, grow and learn. Her contributions to this committee and community have been invaluable.

Tiffany M

I need an advise regarding my unemployment case. Avloni Law helped me with understanding the basics and professionally corrected the wording in my appeal statement. Everything went smooth! Highly recommend!

Maria Gushchina

Navruz is an intelligent, dedicated, and talented attorney.

Kyle Morishita

I have had a pleasure of knowing Navruz for quite a while. I definitely recommend her as a hardworking and highly skilled attorney in the area of employment law, especially wrongful termination and harassment. She is passionate about her cases and she cares about her clients.

Alexei Kuchinsky

I have had the pleasure of knowing Navruz for over seven years. She is extremely diligent, smart, and knowledgeable in labor and employment law. Any client represented by Navruz is, without question, very well-represented! I endorse her without qualification!

Ryan Cadry

Navruz is a strong and knowledgeable attorney whose passion for her work is evidenced by effective results.

Maria Crabtree

Navruz Avloni has been my employment law attorney years. Her attention to detail, research and resources, and sincerity in her work are unparalleled. She has given me exceptional employment law advice on multiple occasions. I would not hesitate to recommend her to anyone looking for an excellent employment law attorney.

Valerie
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