San Diego Employment Discrimination Lawyer
Protecting Employee Rights Across California
It should go without saying, but at In Motion Law, APC, we believe in fair workplaces and equal opportunity. Discrimination in the workplace doesn’t just violate the law — it erodes trust, morale, and dignity. If you’ve been treated unfairly at work because of a personal characteristic that’s protected under the law, you may have the right to take legal action.
Our firm represents employees throughout San Diego and across California in employment discrimination claims under both state and federal law. We help workers understand their rights, navigate the complaint process, and pursue justice — whether that means negotiating a resolution or taking the case all the way to trial.
With deep experience in both litigation and pretrial advocacy, San Diego employment discrimination lawyer Jack H. Pogosian approaches every case with strategic insight, preparation, and personal commitment. He’ll take the time to understand your story and help you move forward.
What Is Employment Discrimination?
Employment discrimination occurs when an employer treats an employee or job applicant unfairly because of a personal characteristic protected by law. These protections come from both federal and California law, and they apply to every stage of employment — from hiring and promotions to discipline, compensation, and termination. Not every unfair situation qualifies as unlawful discrimination. But when the treatment or consequence is linked to a legally protected trait, that’s when the law steps in.
Federal Protections: What the EEOC Enforces
The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws such as Title VII of the Civil Rights Act and the Americans with Disabilities Act that make it illegal to discriminate against someone on the basis of:
- Race or Color
- National Origin
- Religion
- Sex (including pregnancy, sexual orientation, and gender identity)
- Age (40 or older)
- Disability
- Genetic Information
These protections apply to employers with at least 15 employees (20 for age discrimination) and cover hiring, firing, job assignments, promotions, training, benefits, and other terms and conditions of employment.
Federal law also prohibits retaliation against employees who complain about discrimination or participate in an investigation or lawsuit.
California Protections: CRD and the FEHA
In California, workers enjoy even broader protections under the Fair Employment and Housing Act (FEHA), which is enforced by the Civil Rights Department (CRD) — formerly known as the Department of Fair Employment and Housing (DFEH). California law covers employers with just five or more employees and prohibits discrimination based on:
- All federally protected categories, plus:
- Ancestry
- Marital status
- Medical condition
- Military or veteran status
- Gender expression
- Sexual orientation
- Reproductive health decision-making
- Political activities or affiliations
California law also provides stronger remedies and a more expansive interpretation of certain rights, making it a powerful tool for employees who have been wronged.
Common Examples of Employment Discrimination in San Diego
Employment discrimination can take many forms. Sometimes it’s overt and unmistakable. Other times, it’s subtle or hidden behind pretextual reasons. Common examples include:
- A qualified candidate passed over for promotion in favor of a less qualified colleague of a different race or gender
- A woman demoted after returning from maternity leave
- An older employee being pushed out and replaced with a younger worker
- A Muslim employee denied prayer breaks or religious accommodations
- A disabled worker denied reasonable accommodations or terminated after requesting one
- A gay employee subjected to harassment that management fails to address
You don’t need to tolerate unfair or discriminatory treatment. If you suspect that your rights have been violated, talking to an experienced employment attorney can help you understand what steps to take.
The Complaint Process: EEOC and CRD
Before filing a lawsuit for employment discrimination, you must usually file an administrative complaint with either the EEOC (federal claims) or the CRD (California claims). These agencies investigate discrimination claims and sometimes facilitate resolution.
Here’s how the process typically works:
- Filing the Charge: You submit a charge of discrimination with the EEOC or CRD. This must usually be done within 180 or 300 days of the discriminatory act, depending on the agency and circumstances.
- Investigation or Mediation: The agency may investigate the claim or offer mediation. In some cases, they may find cause to believe discrimination occurred. In others, they may dismiss the charge.
- Right to Sue Letter: Once the agency completes its process, it will issue a Notice of Right to Sue, allowing you to take your case to court. In California, employees may also request an immediate right-to-sue notice to skip the agency investigation and proceed directly to litigation.
Deadlines matter. If you miss the filing window, you may lose your right to pursue your claim. That’s why it’s important to speak with an employment lawyer as early as possible.
How In Motion Law Can Help
At In Motion Law, we know how personal and painful workplace discrimination can be. You might feel powerless, confused, or worried about the consequences of speaking up. We’re here to provide clarity, support, and strong legal action.
We take a thoughtful but aggressive approach to every case. Our first step is always to listen. We want to understand your experience — not just the facts, but the impact it’s had on you. From there, we’ll explain your rights, your options, and what to expect if you move forward.
Depending on your case, we may help you file a complaint with the CRD or EEOC, gather evidence of discrimination or retaliation, negotiate a severance or settlement, or file a lawsuit in state or federal court and prepare for mediation, arbitration, or trial.
Jack Pogosian’s background in both plaintiff and defense work gives him unique insight into how employers handle these matters internally and how best to position your case. He’s not afraid to take a case to court, but he also knows that careful strategy and early leverage can lead to better outcomes.
Discrimination Claims Require Strength and Strategy
Proving discrimination isn’t always easy. Employers rarely admit wrongdoing, and the evidence is often indirect. That’s why having an attorney who understands the legal landscape and knows how to build a persuasive case is so important.
Whether your goal is to be heard, to be compensated, or to make your workplace safer for others, In Motion Law is ready to stand with you. We approach every case with integrity, focus, and a commitment to doing what’s right, even when it’s hard.
Contact a San Diego Employment Discrimination Lawyer Today
If you’ve been the target of workplace discrimination in San Diego, In Motion Law, APC, is ready to help you take the next step with confidence. We offer honest guidance, strong advocacy, and personalized attention every step of the way.
Call us today or reach out online to schedule a no-cost, confidential consultation. Let’s talk about what happened — and what you can do about it.
