San Jose Discrimination Attorneys

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.

Key Workplace Discrimination Laws Cover California Employees

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:

• Sex;
• Race;
• Color;
• National origin;
• Age;
• Religion; and
• Disability, among other protected characteristics,

However, FEHA goes a step further than Title VII in several key respects, including:

•  FEHA applies to many smaller employers not covered by federal law. The threshold under Title VII is 15 or more workers, while FEHA prohibits discrimination by companies with five or more employees and harassment by companies with one or more employee.
• FEHA protects employees who possess additional characteristics as compared to federal law, such as medical condition, gender identity, and gender expression. FEHA also expressly prohibits discrimination on the basis of sexual orientation, while federal courts have construed sex discrimination to include discrimination on the basis of sexual orientation.
• FEHA contains a broader definition of disability than the ADA, so that more employees are protected from discrimination on the basis of their physical or mental conditions.

How Discrimination Claims Work in California

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.

A San Jose Discrimination Lawyer Can Deliver Essential Legal Help

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:

• Investigating the circumstances of workplace discrimination;
• Gathering crucial information regarding instances of discrimination;
• Advising clients on appropriate courses of action;
• Preparing a charge of discrimination to file with the EEOC or DFEH;
• Filing a complaint to initiate a lawsuit; and,
• Handling discovery, motions, court appearances, trial, and other litigation tasks.

Schedule a Consultation with Our San Jose Employment Lawyers Today

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.