Joseph H. Ainley on Employment Discrimination

The Law Offices of Joseph H. Ainley provide services to cover all of your employment-related legal needs. The bulk of our practice is devoted to litigation in cases, for example, where the employee has been wrongfully terminated, or an individual or a group of people have been denied overtime benefits. We also offer employment counsel. Frequently, employees face a situation at work which potentially has profound consequences for them, but they are unsure how best to act. In this context, one issue that is repeatedly of concern is where an employee is offered a severance package in exchange for a release of claims that they employee may have against his or her former employer. In this situation, legal counsel can be invaluable in maximizing the amount of any severance package. Some of the specific areas in which we are pleased to offer services are the following:

Employment Discrimination

Discrimination in California on grounds of age, sex, race, age, ethnicity, disability or sexual orientation is prohibited by Government Code ßß 12926 and 12940. Each discrimination claim is unique, and whether the claim is provable or not often turns upon specific facts. It is a rare employer who openly acknowledges some form of discrimination, and the evidence of discrimination is therefore evidence from which one must usually infer a discriminatory intent by the employer. For example, an employer rarely tells an employee that he or she is being let go because ìyou are too old.î Instead, the usual process of discrimination is that the employer ìevaluates outî the unwanted employee by generating bogus negative performance reviews.

This discrimination can be combated in several ways. One of the most common means of fighting discrimination is to use statistical evidence to show an imbalance in the employees who are either being let go or who have been hired into the company in the first place. For example, an employment work force which is only 5% female may be suspect if the available work force in the relevant job category is 50% female. Statements that are not directly related to the performance of an employee can be used the discriminatory mindset of the employer. If, for example, a manager makes a general comment about a specific ethnic group, that can be used to show a discriminatory mindset towards that particular group. In cases where there is an event such as illness, extended leave of absence, or pregnancy, the plaintiff can prove his or her case by showing a reasonably close proximity in time between an adverse employment action, such as termination, or a negative performance review and the development of the illness or notification of pregnancy, for example.

In the absence of direct evidence, discrimination claims are rarely easy to prove and require a good deal of skill and effort to overcome the employerís usual claim that it did not discriminate at all, rather, the adverse employment action was merely a neutral business decision. At Ainley Law, we have the resources, skill and experience to successfully prosecute your discrimination claim, be it on grounds of age, race, gender, or other protected group.