Skilled Employment Discrimination Attorneys Serving Clients in San Jose
Employees have legal rights under state and federal laws. Unfortunately, employers often violate these rights, which can lead to serious consequences for employees, both financially and personally. If you’ve experienced a situation where your rights were infringed upon, figuring out how to resolve it on your own can be difficult. Our experienced attorneys are here to help you with issues like discrimination, harassment, wrongful termination, and retaliation in the workplace. To schedule a free consultation with one of our team members, please contact our employment discrimination lawyer in San Jose at (415) 212-4932 or reach out to us online.
Workplace Discrimination Explained
Creating a fair and inclusive workplace is crucial, and various laws at both federal and state levels aim to safeguard employees from unfair treatment. Let’s explore the different types of discrimination that can occur in any workplace:
Racial Discrimination: Laws prohibit discrimination based on race, encompassing actions such as racist remarks and unfair treatment in hiring, promotions, pay, or termination due to race.
Discrimination Based on Sexual Orientation or Gender Identity: Discrimination in these aspects is explicitly prohibited by California law, emphasizing the importance of inclusivity and equal treatment for all.
Disability Discrimination: Individuals with disabilities are protected from unfair treatment or employment decisions based on their disability. Employers are required to provide reasonable accommodations to help disabled employees perform their jobs effectively.
Religious Discrimination: Employers must accommodate religious practices, including exceptions to dress codes and flexible prayer schedules, to prevent discrimination based on religion.
Age Discrimination: Employees over 40 are protected from age-based decisions and harassment. Despite temptations to replace older employees with younger ones for cost-saving reasons, the law offers strong safeguards for older workers.
Sex Discrimination: Both state and federal laws prohibit sex discrimination, covering issues such as unequal pay, adverse actions due to pregnancy, and refusal to hire or promote based on sex. These protections extend to men as well.
Identifying discrimination can be challenging since employers may not acknowledge their unconscious biases driving discriminatory actions. Instead, they might offer misleading explanations for negative decisions. It’s essential for employees to understand their rights, and for organizations to cultivate an environment that values diversity and inclusion in the workplace.
The Difference Between Unfair Treatment and Discrimination at the Workplace
The primary distinction between unfair treatment and workplace discrimination lies in legality. Workplace discrimination is prohibited by federal and state laws, which mandate that employers cannot consider protected characteristics when making employment decisions such as hiring, firing, or promotions. On the other hand, unfair treatment, while frustrating, does not provide legal recourse. For instance, if you’re passed over for a promotion because your boss hired their best friend, it may feel unjust, but it doesn’t necessarily constitute discrimination under the law. Despite your efforts and entitlement to the position, office politics and favoritism, while discouraging, are not illegal.
How Our San Jose Workplace Discrimination Lawyers Will Fight For You
If you’re currently working, have been employed, or are looking for a job, you might have a valid reason to take legal action against an employer who discriminates. Our legal team has experience handling cases involving different types of discrimination:
- Unfair Treatment: This happens when an employer treats an employee unfairly compared to others based on factors that are not allowed by law.
- Retaliation: If employees face unfair treatment for speaking out against discriminatory practices by their employer.
- Adverse Impact: Employees experiencing negative effects on a protected group because of the employer’s practices.
- Systematic Unfair Treatment: Showing statistically significant differences between members of a protected group and a larger group with similar qualifications.
Proving that an employer’s actions were based on improper reasons can be tough, but our experienced attorneys are skilled at gathering evidence to uncover the truth. If you suspect you’ve faced employment discrimination and false justifications were given, it’s important to speak with a lawyer as soon as possible to evaluate your case.
Call Us Today to Speak with A San Jose Workplace Discrimination Attorney
Employees have important rights under both state and federal laws. Unfortunately, some employers don’t always uphold these rights and fail to provide necessary protections for their workers. With over 60 years of combined experience, Winer, Burritt & Scott, LLP has successfully recovered over $200 million for our clients. Our track record and legal expertise give our clients confidence that we’ll achieve the best possible outcome for their employment cases while staying within the law. We’re committed to protecting employees’ rights and holding employers accountable when they don’t meet their legal obligations.
If you’d like a free case evaluation with a San Jose employment discrimination lawyer, please contact our office today at (415) 212-4932 or fill out our online contact form.