Laws protecting employees from discrimination in the workplace have been in place for years, but recent statistics show that unlawful conduct is still prevalent. A 2017 Annual Report prepared by the California Department of Fair Employment and Housing (DFEH) reveals that 17,218 workers reported workplace discrimination to the DFEH that year.
Our San Jose discrimination attorneys at Minnis & Smallets LLP fight on behalf of employees whose interests are adversely affected by workplace discrimination. We work to obtain the best possible outcome for our clients, and are prepared to take the matter to court as necessary to serve our clients.
There are a number of statutes that make it unlawful for employers to engage in unlawful workplace discrimination, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, and the Age Discrimination in Employment Act, as well as California’s Fair Employment and Housing Act (FEHA). These laws protect workers from being treated unfairly due to:
However, FEHA goes a step further than Title VII in several key respects, including:
Before filing a complaint for employment discrimination in Court, an employee must file a charge of discrimination with the federal Employment Opportunity Commission (EEOC) or the California DFEH. An employment attorney can help advise an employee on which agency to file with, as well as ensure that the charge meets all of the necessary legal requirements.
Both agencies are tasked with investigating complaints regarding workplace discrimination and can take action to resolve employee disputes with employers. Employees who are not satisfied with the results can take the matter to court in a civil lawsuit. However, under FEHA, workers can also go straight to court by requesting a “right-to-sue” letter from the DFEH. In court, an employee can recover monetary damages and may seek equitable relief.
While an employee is not required to have legal representation to pursue a claim of employment discrimination, there are many reasons why an attorney is a valuable asset in a discrimination claim. A lawyer can provide essential legal services, such as:
Employees have rights when they suffer unlawful discrimination in the workplace. Our San Jose discrimination attorneys at Minnis & Smallets LLP have the experience and skills necessary to enforce them through all available legal remedies. We are happy to provide more information at a case assessment, which can be scheduled by calling our office or going online to complete our contact form.