Under California and federal law, it is unlawful to discriminate against or harass an employee or someone providing services pursuant to a contract (independent contractors) because of their protected classifications. Protected classifications include: race, gender, sexual orientation, age, disability, national origin and others.
At the Dolan Law Firm, we believe in equal employment opportunity for all, where each worker is spared from discrimination. With over 30 years of legal experience, our San Francisco discrimination lawyers are ready to offer you a free consultation today to evaluate your case.
Our discrimination lawyers handle many types of cases and situations, such as employment discrimination based on race, sexual orientation, disability, or other protected classification. Hire an experienced discrimination lawyer in San Francisco from the Dolan Law Firm. Our highly-skilled legal team is here to guide you every step of the way.
What Constitutes Discrimination or Harassment?
Harassment can include name calling, offensive jokes and/or cartoons, pictures, undesirable assignments or other changes in the work environment, based on race, national origin, sex, etc., which makes the terms and conditions of employment more difficult. Harassment can also include conduct or unwelcome touching. When an employer is informed, or should be aware of, harassment by co-workers, the employer is required to take action to prevent further harassment or retaliation and to immediately remedy any such conduct that occurs.
Discrimination occurs when an employer, or its managers and supervisors, make hiring, promotion, job duty, discipline, termination, or other employment decisions based upon an employee’s, or candidate’s protected classifications. When a person is treated differently in the workplace based upon their protected classification, such as race, sexual orientation or other, there may be discrimination.
Generally, employees who believe that they are being discriminated against, or harassed should report the harassment, in writing, to their superiors and to human resources. If your employer has an employee handbook, look for its guidelines on reporting and follow it. Employers often attempt to avoid liability for harassment, claiming that employees did not use the readily available complaint procedure. In severe cases, an employer may carry out a wrongful termination of the employee who reports harassment or discrimination in the workplace. You should document all reported acts of discrimination or harassment and any retaliation that follows those complaints.
In California, an employer is strictly liable for any harassment undertaken by a supervisor. This means that an employer is deemed to have knowledge of the conduct of supervisors and is automatically liable if that conduct can be proven. When it is a case of coworker harassment, where one employee, not a supervisor, harasses another employee, the company must be notified, or otherwise have reason to know, of the harassment and have an opportunity to remedy it before it can become liable. If a company knows or should have had knowledge of harassment, then a formal report may not be required.
Retaliation by Employers is Unlawful in California
An employer is prohibited from retaliating against an employee or person providing services pursuant to a contract (independent contractor). An employer that retaliates against an employee is further liable for damages for any acts of retaliation.
Punitive damages may be awarded against a company that fails to take the necessary steps to prevent or remedy harassment that its senior managers knew or should have known about.
Have You Been Discriminated Against or Harassed Due To Your National Origin?
If you are looking for representation in a discrimination case, Dolan Law Firm has the knowledge and experience you need. The Dolan Law Firm has one of the largest reported verdicts in California for race/national origin harassment. After fighting a five-year battle against FedEx, Christopher B. Dolan received a $60 million verdict against FedEx Ground, and a $1,000,056 verdict against the Plaintiff’s manager/supervisor, for harassment of two Arab/Lebanese package delivery drivers.
This case was a landmark victory for civil rights in the state of California and the United States and is one of the largest reported employment harassment verdicts for individual Plaintiffs.
What is Title VII & How Does it Apply to Me?
Title VII is a federal law that is part of the Civil Rights Act of 1964. Its purpose is to ban employment discrimination based on race, color, religion, sex, and national origin. In the decades since its implementation, Title VII has grown to also protect individuals from certain other protected classifications. Amendments to Title VII have even extended the discrimination protection to job applicants as well. Enforcement of Title VII comes in the form of the Equal Employment Opportunity Commission (EEOC).
Discrimination and Harassment Defined
Discrimination is the unequal treatment of people in employment decisions based upon different protected classifications including ethnicity, age, sex, disability, or medical condition.
Harassment is defined as unwelcome comments or conduct based on race, color, religion, sexual orientation, gender identity, pregnancy, national origin, older age, disability, and potentially genetic information. Harassment may be verbal, visual, or physical. All three types are completely unacceptable in the workplace and may be grounds for legal action.
Discrimination in Housing
Discrimination may also occur in housing. Like some employers, some landlords or homeowners may be prejudiced and discriminate against individuals who look different, have different beliefs, or lead different lifestyles. This is wholly unjust treatment of people who are attempting to earn a living and/or find a home. Reaching out to a discrimination lawyer in San Francisco can potentially help.
Call a San Francisco Discrimination Attorney Today
The Dolan Law Firm has received record verdicts and settlements for its clients who have suffered harassment, discrimination and/or retaliation. Contact us online for a free case evaluation or call 415-421-2800.
Our law offices offer some of the best San Francisco discrimination attorneys in the state. With years of legal experience and a compassion for their clients, they are ready to assist you in your time of need.
How can a discrimination lawyer in San Francisco help me?
Discrimination, harassment, and retaliation fall within the practice areas of a San Francisco discrimination lawyer. If you find yourself dealing with unlawful or unprofessional treatment in the workplace, then a discrimination attorney in San Francisco may be able to help you.
What advice can you give as a discrimination lawyer in San Francisco if I find myself in a hostile work environment?
Generally, it is best to report the situation to your manager, supervisor, and human resource department. It is often best to document the issues in writing. If nothing comes of either of these steps, then you should consider contacting a discrimination lawyer to thoroughly assess your case.
What acts of misconduct can a discrimination lawyer in San Francisco help me with?
Dealing with discrimination can be difficult. The Dolan Law Firm is prepared to assist you with issues involving employment and housing discrimination based on gender, religion, marital status, pregnancy, disabilities, race, etc. Contact our law group today to schedule your free case evaluation.
As an experienced discrimination lawyer in San Francisco, what constitutes religious discrimination? Religious discrimination in a workplace setting means someone treats an employee or job applicant unfavorably because of their sincerely held religious beliefs and/or practices. Title VII of the Civil Rights Act of 1964 protects individuals from religious discrimination, as does the California Fair Employment and Housing Act. If you have fallen victim to any form of discrimination, you should call a discrimination lawyer in San Francisco so they can assist you with building your case.