Workplace Discrimination

Employment discrimination attorneys at Minnis & Smallets represent employees who have experienced discrimination in the workplace due to their race, sex, disability, age, or sexual orientation.

Workplace discrimination is prohibited by state and federal law. It can be defined as any adverse action taken against an individual due to a characteristic like his or her race, sex, or national origin. When workplace discrimination occurs, the targeted victim is not the only party who suffers. Others in the workplace can become accustomed to the discriminatory behaviors and become complacent, allowing new employees to be subjected to this type of treatment.

When an individual witnesses or experiences discrimination in the workplace, he or she has the right to complain to his employer about perceived mistreatment without being subject to retaliation. Anyone facing workplace discrimination due to a protected class characteristic is encouraged to consult with an experienced employment law attorney. There may be legal recourse and compensation available to those who have been subjected to unlawful discrimination practices in the workplace.

Who Is Protected from Employment Discrimination?

California law prohibits discrimination on the basis of:

  • Sex;
  • Gender, gender identify, gender expression;
  • Race;
  • National origin;
  • Disability;
  • Sexual orientation;
  • Marital status
  • Religion;
  • Age, if the employee is 40 or older; and
  • Military or veteran status.

What Constitutes Discrimination?

Treating an employee unfairly based on one of the protected characteristics identified above may constitute discrimination. Examples of discrimination in the workplace include:

  • Wrongful termination. This could involve terminating an employee for an offense that would not result in termination if another employee had committed it, selecting an employee for layoff for a discriminatory reason,  or simply terminating an employee for one of the reasons listed above;
  • Passing over an individual for hiring or promotion;
  • Excluding an employee from specific projects or professional development based on stereotypical assumptions;;
  • Segregating employees into different departments or assigning different job duties to employees based on their membership in a protected class ;
  • Disciplining employees in a protected class more harshly or scrutinizing their work more harshly;
  • Giving employees negative performance reviews based on their membership in a protected class, rather than on their actual job performance; and
  • Harassment. Harassment includes subjecting an employee to intimidation, unwanted physical contact, rude gestures, and abusive language because of their membership in a protected class;

Discrimination can occur at any point in an individual’s relationship with a company: during recruitment, interviewing, the hiring process, the day-to-day performance of the job, promotion, or termination.

Where Can I Get Legal Help?

If you and your career have suffered because of the discrimination you faced in your workplace, an experienced employment lawyer may be able to help.  To find out what we can do for you, contact the attorneys at Minnis & Smallets by calling us at 415-551-0885 or through our online contact form.

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San Francisco, CA 94104

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LOCATION:San Francisco 369 Pine Street, Suite 500 San Francisco, CA 94104
PHONE NUMBER:1-415-551-0885

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