Both the federal government and the State of California implement and enforce laws prohibiting certain types of employment discrimination. Often, it can be difficult to know for sure whether someone was the target of unlawful discrimination at work, and it is important for employees to discuss concerns with a San Francisco workplace discrimination lawyer. The legal team at Minnis & Smallets, LLP is ready to help clients in this position and evaluate their legal rights.
The law prohibits employers from treating certain applicants or employees differently or unfavorably because of certain protected factors. Protected factors in California include the following and more:
Employers cannot take adverse employment action or allow harassment to occur based on any protected factors. Adverse employment action can include:
Adverse action can also involve the constructive discharge of the employee. This occurs when harassment or other working conditions become unbearable, such that the employee has no other choice but to quit.
Protected employees have the right to take action and complain if they experience unlawful discrimination. However, many employees are too afraid to report possible discrimination because they are concerned they will lose their jobs or experience other backlash at work. Fortunately, the law also gives employees the right to be free from retaliation when they report possible discrimination or harassment. If an employer takes any adverse employment action against an employee because of a complaint of discrimination, the company can also be held liable for unlawful retaliation.
Employees who suffer discrimination and/or retaliation have the right to file a claim with the Equal Employment Opportunity Commission (EEOC) or the California Department of Fair Employment and Housing (DFEH). The problem is that employees have only a short period of time to file these claims, and the deadlines are strict. It is important for employees to contact an experienced workplace discrimination attorney as soon as possible after they believe they suffered unlawful discrimination.
The right attorney can evaluate the situation and help employees determine the best option for them to stand up for their rights under the law. Employees can seek legal resource for the harm they experienced, and employers might face penalties.
No employee should have to experience difficulties at work because of their sex, race, disability, or other protected factors. The law firm of Minnis & Smallets, LLP, stands up for the rights of employees in the San Francisco area and throughout California. Please do not hesitate to contact us to set up an appointment to discuss your legal options today.