Virtually all employers are aware that discrimination is illegal in workplaces all over the United States, but discrimination still occurs in many facets of employment, from hiring to firing to pay to benefits. When you think you may have been the victim of discrimination in your workplace, you will want to work with a San Francisco discrimination attorney.
Title VII of the Civil Rights Act of 1964 is the federal law prohibiting discrimination, and the California Fair Employment and Housing Act (FEHA) is the state law that forbids discrimination. Discrimination claims typically hinge on an employee being able to prove that an employer took adverse actions against them because of a protected characteristic.Â
The most common kinds of discrimination in the workplace include:
Examples of discrimination can include practices relating to recruitment and hiring, such as relying strictly on word-of-mouth recruiting that favors only a certain type of employee, requesting that employment agencies only refer applicants who fit a particular status, or otherwise using discriminatory hiring criteria with no ability to prove that the criteria are job-related. It can also be discriminatory to rely on the discriminatory preferences of coworkers, customers, or clients as deciding factors for employment or requiring a specific corporate look or image policy for prejudices in hiring.
Discrimination can also factor into assignments and promotions when an employer assigns or refuses to assign people to certain positions, facilities, or locations, physically isolates employees or segregates workers into certain jobs, or denies promotions for discriminatory reasons. Wages and benefits can be another area of discrimination when an employer does not provide equal pay to workers in similar positions or denies benefits after they have been offered.
When it comes to discipline, discharges, and demotions, discrimination could involve an employer discharging employees for unlawful reasons or using customers’ or clients’ preferences to justify discipline, demotion, or discharge decisions. Discrimination can also play a role in harassment claims when harassing behaviors by supervisors, employees, or customers create a hostile work environment.
Discrimination laws apply not only to employees but also to applicants, temporary employees, and unpaid interns. An employee who experiences discrimination has to first file a claim with a state or federal administrative agency before they can go to court.Â
Time limits in these cases vary depending on the agency you file with. For a state claim with the Department of Fair Employment and Housing (DFEH), employees will have one year to file from the date of a discriminatory act, while a federal claim you file with the United States Equal Employment Opportunity Commission (EEOC) has to be filed within 300 days of a discriminatory act.
A court may award damages for discriminatory practices adversely impacting employment, and an employee who wins a discrimination case can receive such civil damages as compensation for any unfair employment practices and money lost by those practices, attorney fees and other litigation-related expenses, and future earnings or possible reinstatement of an employee’s position. You could also receive damages for emotional pain and suffering as well as possible punitive damages in cases of particularly gross discrimination.
Have you been the victim of discriminatory practices in your workplace in California? Make sure to contact The Law Office of Jeannette A. Vaccaro for assistance filing a legal claim and taking all the proper steps.
Jeannette A. Vaccaro was named a Super Lawyers Rising Star from 2015 to 2019, and she was a member of Super Lawyers in 2021, in addition to being named one of the Top Women Lawyers in Northern California each of those years. Call the office or contact us online to set up a free consultation that will allow us to examine your case and fully discuss what legal options you might have.
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.
Settlement achieved on behalf of an employee who was discriminated against on account of his age.
Arbitration award in race harassment and discrimination suit.
Arbitration award obtained on behalf of employee terminated on account of his national origin.
Jury verdict obtained on behalf of long-term employee in suit for unpaid wages.
Settlement for employee that was retaliated against on account of reporting discrimination.
Settlement for employee discriminated against on account of her gender and age.
Pre-litigation settlement for victim of race & national origin discrimination.
Settlement negotiated in a gender discrimination case.