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Wrongful Termination · California & New York

Discriminatory Firing Attorney

Dealing with a discriminatory firing issue? Our California & New York employment attorneys can help you get the compensation you deserve.

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Common Discriminatory Firing Scenarios

You were the only employee of a particular race or ethnicity laid off during a company reorganization despite strong performance
An older employee was fired and replaced by a significantly younger worker with less experience
You were terminated shortly after your employer learned about your disability or medical condition
A female employee was fired while male colleagues engaging in the same conduct received only warnings
You were let go after your employer discovered your religion or national origin

What You Can Recover in a Discriminatory Firing Case

If you have experienced discriminatory firing, California and New York law give wrongful termination victims real remedies. Depending on the facts of your case, you may be entitled to:

  • Back pay and lost wages caused by the discriminatory firing
  • Compensatory damages for the emotional distress it caused you
  • Punitive damages where the employer's conduct was egregious
  • Attorney's fees and litigation costs — most employment statutes shift these to the employer when you win

Discriminatory Firing FAQ

What laws protect me from discriminatory firing in California?

California's Fair Employment and Housing Act (FEHA, Gov. Code § 12940) prohibits firing based on race, religion, color, national origin, ancestry, disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age (40+), sexual orientation, or military/veteran status. FEHA applies to employers with 5 or more employees.

What laws protect me from discriminatory firing in New York?

The New York State Human Rights Law (Exec. Law § 296) and the New York City Human Rights Law (Admin. Code § 8-107) provide broad protections. The NYC law is one of the most protective in the nation, covering all employers regardless of size and using a lower standard of proof than federal law.

How do I prove my firing was discriminatory?

You can use direct evidence (discriminatory statements) or circumstantial evidence showing: (1) you belong to a protected class, (2) you were qualified for your position, (3) you were fired, and (4) similarly situated employees outside your protected class were treated more favorably. Suspicious timing, inconsistent employer explanations, and statistical patterns also support claims.

What compensation is available for discriminatory firing?

Under both CA and NY law, you may recover back pay, front pay, emotional distress damages, punitive damages, and attorneys' fees. California has no cap on damages under FEHA. Under federal Title VII, compensatory and punitive damages are capped based on employer size, but state law claims have no such caps in either CA or NY.

Other Wrongful Termination Claims We Handle

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