Oakland Discrimination Lawyer

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Oakland Discrimination Lawyer

When unlawful conduct impacts an individual’s employment, unreasonably hinders an employee’s work performance, or produces an intimidating, hostile, or offensive work environment, the Oakland discrimination lawyer at the Law Office of Jeannette A. Vaccaro can help recover compensation.

Types of Employment Discrimination

Employment discrimination happens when employers treat a job seeker or an employee with unequal, unfavorable treatment because of a protected characteristic or protected conduct. The right to be free from discrimination and harassment is granted by California’s Fair Employment and Housing Act (FEHA), which prohibits discrimination and harassment in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and any other aspects of employment. Protected characteristics include:

  • Race
  • Color
  • National Origin/Ancestry
  • Physical & Mental Disability
  • Age (over 40)
  • Medical Condition
  • Genetic Information
  • Sex/Gender – (including pregnancy, childbirth, and related medical or health conditions)
  • Gender identity and expression
  • Sexual Orientation (including perceived sexual orientation)
  • Religious Creed
  • Marital Status
  • Military and Veteran Status
  • Association with someone in one of these categories

Discrimination and harassment are also prohibited when it is based on certain protected conduct, including:

  • Reporting discrimination or harassment
  • Requesting reasonable accommodations for a disability
  • Reporting or refusing to participate in unethical or unlawful conduct
  • Requesting or taking certain types of protected leaves of absence
  • Lawful activities outside of work

Employees Covered Under Anti-Discrimination and Anti-Harassment Laws

The law forbids unlawful discrimination against applicants for employment and existing employees in employers with five or more employees and prohibits harassment in all workplaces.

Notably, the law doesn’t cover independent contractors, however, the fact that an employee is called an independent contractor doesn’t automatically mean that they are actually an independent contractor for the purposes of anti-discrimination and anti-harassment laws. Rather, the courts analyze if the worker is in business for themselves and if the employer has the right to control the means and ways of the worker’s performance. As such, even a worker who has been categorized as an “independent contractor” may still be protected by FEHA.

Additionally, other laws might prohibit specific types of discrimination against independent contractors or employees of small companies. Therefore, even if FEHA doesn’t apply, an applicant, employee, or independent contractor might still be protected against unlawful discrimination in the workplace. It is always worth discussing the matter with a workplace discrimination attorney.

Damages for Workplace Discrimination

The damages a court can award for a workplace discrimination claim depend on the type of claim filed. Damages refer to all the financial and emotional losses a person suffers as the result of an employment discrimination dispute. Damages are awarded to the victim to put them back into the same place they would have been if they had not lost their job or had some other discriminatory action taken against them. In most employment discrimination claims, employees can receive the following types of damages:

  • Back pay
  • Front pay
  • Payment for lost employee benefits such as health, vacation, sick leave, and pension
  • Emotional distress damages
  • Punitive damages
  • Attorney’s fees and litigation costs

By speaking with a well-versed Oakland discrimination attorney, you can find out what types of damages and what amounts you might be entitled to receive.

Reach Out to an Experienced Oakland Discrimination Lawyer Today

Taking legal action against your employer can be intimidating, but at the Law Office of Jeannette A. Vaccaro, we level the playing field for you and fight to protect your rights. No matter your employment issues, we’re ready. We do not shy away from defending your rights or hesitate to take your case to trial if it is necessary to maximize the compensation that you deserve. Contact us today to meet with an experienced Oakland discrimination attorney who knows what your rights are and will defend them to the fullest.

Think You May
Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

Jeannette A. Vaccaro is a Passionate and zealous advocate, representing employees in all facets of employment law.

Think You May Have A Case?

Jeannette is passionate about employee rights. She fights to shed light on injustices and to help her clients move beyond troubling times. Contact Jeannette today for a free case evaluation.

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