Employment discrimination is a pervasive issue that has a detrimental impact on individuals and society as a whole. Discrimination can take many forms, including harassment, retaliation, and failure to provide reasonable accommodations. The law grants employees the protection they deserve, but benefitting from those protections often depends on having an experienced California discrimination lawyer on your side. 

For over 30 years, Attorney Ron Ackerman has fought for employee rights. His extensive legal experience is further strengthened by past work as both an employee of the federal government, and in union leadership. When clients come to the Law Office of Ronald P. Ackerman, they get legal counsel that is steeped in understanding of how to advocate for an employee’s legal rights. 

From our California office, we serve the entire United States. Call us at or reach out here online today. 

The Grounds for a Discrimination Case

A legal action must be brought on specific grounds. In discrimination cases , a prime ground is disparate treatment. This occurs when an employer intentionally discriminates against an employee or job applicant based on that employee’s membership in a protected class. 

For example, if an employer refuses to hire someone because of their race or gender despite being qualified for the position, this would be considered disparate treatment.

To prove disparate treatment in court, the plaintiff must demonstrate that they were subjected to adverse employment action because of their membership in that class. They must also show that the employer’s actions were intentional and not based on legitimate business reasons. Our California discrimination attorney can advise clients on what type of documentation can be used or gathered to make this case. 

Disparate Impact is Discrimination 

Another ground for filing an employment discrimination lawsuit is disparate impact, which has subtle, but important difference from disparate treatment. Disparate impact occurs when an employer’s policies or practices have a disproportionate negative effect on members of a particular protected class even though there was no intention to discriminate.

To establish a claim of disparate impact discrimination in court, plaintiffs must prove the disproportionate impact itself, as well as demonstrating that the policy or practice was not job-related, or necessary for business purposes.

Contact the Law Office of Ronald P. Ackerman by calling or by filling out our online contact form today. 

Employer Retaliation is Discrimination 

Retaliation is another common ground for filing an employment discrimination lawsuit. Retaliation occurs when an employer takes adverse action against employees who engage in protected activity, such as reporting discriminatory behavior, or participating in investigations related to such behavior.

For example, if an employee files a complaint with Human Resources after experiencing sexual harassment at work, and is subsequently demoted or fired as retaliation for speaking up about the harassment, this would be considered retaliation.

To establish retaliation in court, plaintiffs must show there was causation between two events—their initial action and the retaliation. It must also be shown that there was no legitimate non-retaliatory reason for the adverse action taken by the employer.

Disability Discrimination 

Disability discrimination is yet another ground for filing an employment discrimination lawsuit. This type of discrimination occurs when employers treat individuals with disabilities unfavorably because of their disability status, rather than evaluating them based on their qualifications and ability to perform job duties with reasonable accommodations.

For example, let’s say an individual uses a wheelchair due to paralysis from spinal cord injury, but can perform all essential functions required by their job with reasonable accommodations(e.g., elevators instead of stairs). If requests for those accommodations are denied, then there is at least a basis for filing a lawsuit on these grounds.