San Francisco Discrimination Attorneys

The discrimination attorneys at Minnis & Smallets LLP represent employees who have been subjected to discrimination at work because of their gender, race, disability, sexual orientation, age, or another protected characteristic.

Employees who have been subjected to workplace discrimination are protected by law. However, a word of caution: what an employee might think of as discrimination may not qualify as actual discrimination under state and federal employment laws.

Clients We Serve

Our firm assists a wide range of employees who have experienced workplace discrimination. The following scenarios reflect the types of cases we handle:

• Workers Fired, Demoted, or Disciplined Because of a Protected Trait: An employee was written up, suspended, demoted, laid off, fired, or pressured to resign and believes workers outside their protected group were treated more favorably in similar circumstances.
• Workers Facing Discriminatory Harassment at Work: An employee is dealing with slurs, offensive jokes, comments, threats, exclusion, intimidation, or repeated mistreatment tied to a protected trait.
• Workers Denied a Needed Workplace Accommodation or Adjustment: An employee or applicant requested a disability or pregnancy-related adjustment and believes the request was denied, ignored, delayed, or used against them.

If any of these situations sound familiar, our team is ready to evaluate the circumstances and help determine what legal options may be available.

What is Unlawful Discrimination?

Unlawful employment discrimination involves treating an employee or job applicant unfavorably because of that person’s membership in a particular class, such as their race, age, sex, sexual orientation, nationality, or disability. This means that, in order for an action to qualify as discrimination, an employer must treat an employee or job applicant differently because that person belongs to a category that is protected under the law.

Employment discrimination is unlawful and occurs when employers treat employees differently at work because of:

• Disability
• Sex, Gender or Gender Identity
• Sexual Orientation
• Pregnancy
• Race and National Origin
• Age
• Religion
• Or other protected class

A manager or supervisor acts unlawfully when they take an adverse employment action because of discrimination on the basis of one of these protected categories.

What Is An Adverse Employment Action?

In order to successfully bring a claim of employment discrimination, an employee must be able to show that the employer took an adverse employment action against the employee, and that discrimination motivated that action.

Under California and federal law, adverse employment actions include:

• Termination or firing
• Constructive discharge (where working environment became so intolerable that resignation becomes appropriate)
• Demotion, transfer, or unfavorable job assignment
• Reduction in pay
• Failure to interview or hire
• Denying promotion or advancement
• Any other employment decision that materially affects the terms and conditions of employment

What Steps Can Employees Who Have Been Subjected to Discrimination Take to Protect Themselves?

Employees who have been discriminated against should consider reporting it to their employers. While an employee may verbally raise concerns about workplace discrimination, it is often a good idea to report those concerns in writing, too. Keep in mind that the law prohibits employers from retaliating against employees who report discrimination. An employer that retaliates against an employee for reporting concerns about discrimination may be liable for retaliation.

Employees who have been discriminated against can also file a claim of discrimination with the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC). There are strict deadlines for filing a charge of discrimination with either agency. Generally speaking, a California employee has three years from the time of the discriminatory act to file a charge of discrimination with the CRD, and 300 days to file a charge of discrimination with the EEOC.

Employees may want to speak with an attorney first in order to determine what options are available to them, so that the employee can consider the pros and cons of each option before making a decision.

Although employees may have little recourse if a supervisor treats everyone unfairly, they do have options when that unfair treatment results from discrimination based on a legally protected category, such as disability, sex, gender, sexual orientation, or age.

Why Partner With Minnis & Smallets LLP?

Our firm has earned a strong reputation for delivering results in difficult employment matters, and for the personal attention we bring to each case. Partners Aaron Minnis and Sonya Smallets have both been honored among the Top 100 Attorneys in Northern California by Super Lawyers, a distinction rarely held by two attorneys at a firm of our size. Sonya Smallets has also been selected as one of the Top 50 Women Super Lawyers in Northern California for five consecutive years, and both Sonya Smallets and Evan Ettinghoff received the Trial Lawyer of the Year award from the San Francisco Trial Lawyers Association.

Beyond accolades, our clients consistently describe our attorneys as responsive, thorough, and genuinely invested in achieving the best possible outcome.

Find Legal Help Today

At Minnis & Smallets LLP, our lawyers have successfully represented many executives, professionals, and employees who have experienced discrimination at work. Please call us or use our contact form.

FAQs About Discrimination in California