San Francisco Harassment Lawyers

The harassment lawyers at Minnis & Smallets help employees who have been subjected to harassment.

When people hear the phrase “workplace harassment,” their minds often jump straight to sexual misconduct. But harassment at work takes many forms. Discriminatory treatment based on race, national origin, disability, age, or another protected characteristic can create a hostile work environment that harms employees and violates the law.

Recognizing this broader picture matters. Harassment tied to an employee’s protected status can be just as damaging as any other form of mistreatment, and employees have the right to push back. 

At Minnis & Smallets LLP, we help employees stand up to this kind of treatment. Our team represents accomplished executives, distinguished professionals, and hard-working employees who have been mistreated at work or who have questions about significant employment issues. We bring both trial experience and a genuine commitment to protecting the rights of the people we represent.

Who We Serve in Harassment Cases

Harassment does not look the same in every workplace. It can come from a supervisor, a co-worker, or even a customer or vendor. We represent a wide range of employees who have faced mistreatment because of a protected characteristic. A few of the situations we handle include:

• Employees Targeted Because of Race or National Origin: We assist workers who have been subjected to slurs, offensive jokes, or hostile treatment tied to their race or ethnic background.
• Employees Facing Disability-Based Harassment: We represent individuals who have been ridiculed, demeaned, or excluded because of a disability.
• Older Workers Harassed Because of Age: We help employees who have been mocked or marginalized based on their age.
• Employees Harassed for Their Sexual Orientation: We stand up for workers who face hostile treatment because of who they are.
• Witnesses and Others Affected by Harassment: We also protect co-workers who report harassment or serve as witnesses and then face retaliation.

Whatever the circumstances, our team listens carefully and helps each employee understand the options available to them.

Sexual Harassment Versus Other Types of Harassment

To be unlawful, harassment must be based on an employee’s protected status. It is unlawful to harass an employee because of race, gender, sexual orientation, or another protected class. In each case, the conduct creates a hostile, offensive, oppressive, or intimidating work environment.

When harassment has a sexual component, it is called “sexual harassment.” Sexual harassment can mirror other types of harassment by creating a hostile work environment, but it can also be used to extract sexual concessions from an employee. That specific form is known as “quid pro quo” harassment.

Non-sexual harassment works differently. Rather than seeking sexual favors, it targets an employee because of a discriminatory bias against their protected characteristic. The result is the same kind of hostile environment, but the motivation is rooted in discrimination rather than sexual demands. Both forms are unlawful, and both can cause serious harm.

Harassment Based on Race or National Origin

The Fair Employment and Housing Act (FEHA) and Title VII of the Civil Rights Act of 1964 protect employees from harassment based on race or national origin. As the U.S. Equal Employment Opportunity Commission (EEOC) explains, this kind of harassment must be more than “petty slights, annoyances, and isolated incidents.” To be unlawful, the conduct “must create a work environment that would be intimidating, hostile, or offensive to reasonable people.”

Examples of unlawful harassment based on race or national origin include:

• Offensive jokes about a person’s race or national origin
• Racial or ethnic slurs
• Epithets or name-calling based on race or national origin
• Physical assaults or threats tied to race or national origin
• Ridiculing or mocking someone because of their race or national origin
• Displaying racist images or offensive objects that suggest disdain for people of a specific national origin
• Hostile or abusive social interactions motivated by discriminatory animus

Both supervisors and co-workers can commit this kind of harassment, but they are not the only ones who do. Non-employees, such as customers or vendors, can also engage in harassment that requires the employer to take corrective action.

Harassment can be unlawful even when the person targeted is not actually of a particular race or national origin. If the harasser perceives the employee as having a certain background and targets them on that basis, the law still applies. And protection extends beyond the direct target. According to the EEOC, the law protects “anyone affected by the offensive conduct.”

How Harassment Hurts Employees

A hostile work environment does not just hurt the person being targeted. When this behavior occurs in the workplace, it harms everyone by creating an atmosphere in which harassment is tolerated, accepted, and even encouraged.

An employee subjected to harassment can suffer worsened physical and mental health. This may lead them to take time off work, which hurts their productivity. At work, an employee facing harassment is often less likely to contribute to projects or work effectively as part of a team.

The law also shields employees from retaliation if they decide to file a claim. Co-workers who serve as witnesses in harassment cases, or who report harassment against another employee, are likewise protected against retaliation.

Basic Steps for Filing a Harassment Claim

Employees who experience harassment do not have to accept it. There are established steps for holding an employer accountable, and understanding them can make the process feel far less daunting. While every case is different, the general path often follows a similar pattern.

• Document the Harassment: Keep detailed records of dates, times, witnesses, and the specific behaviors or comments involved.
• Report the Conduct Internally: Notify the employer through the appropriate channels, preferably in writing. This gives the company a chance to address the situation and creates a paper trail.
• File an Administrative Complaint: If the employer fails to act, an employee can file a complaint with the California Civil Rights Department or the EEOC.
• Consult an Employment Attorney: A lawyer can evaluate the employer’s response, explain the available options, and determine the best course of action.
• Pursue Legal Action if Necessary: When harassment is severe, or the employer has shown indifference, filing a lawsuit may be the right step.

Taking these steps in order helps build a strong record. That said, if harassment is severe or an employer has ignored previous complaints, immediate legal action may be appropriate. Our team can help each employee decide which path fits their situation.

Why Work With Our Team

Employees who have been harassed at work need more than a firm that processes cases. They need attorneys who listen, explain the law in plain terms, and fight for a fair outcome. That is what sets Minnis & Smallets LLP apart.

We take the time to understand each person’s circumstances, answer their questions without rushing, and set realistic expectations from the start. Our attorneys also bring genuine trial experience, which enables us to pursue the best possible outcomes for our clients.

Our firm’s recognition reflects that commitment. Minnis & Smallets LLP was named among the Best Employment Lawyers in San Francisco in 2022 by Expertise.com, chosen from more than 325 firms reviewed. Sonya Smallets has been selected as one of the Top 50 Women Super Lawyers in Northern California five years in a row, and both Aaron Minnis and Sonya Smallets have been honored among the “Top 100 Attorneys in Northern California” by Super Lawyers.

Stand Up to Workplace Harassment

Harassment based on race, national origin, disability, age, or another protected characteristic is unlawful, and no employee should have to endure it. Recognizing the conduct, documenting it, and reporting it are important first steps. From there, the right legal support can make all the difference.

Employees who have experienced workplace harassment can contact our team at Minnis & Smallets LLP.  Schedule an initial consultation to discuss the details of the situation and identify the most productive path forward.

FAQs About Workplace Harassment in California