Employment Law - Discrimination, Harassment and Retaliation

We counsel and advise individual employees on their legal rights in the workplace, which include the right to not be discriminated against, harassed, or retaliated against for reporting illegal activity.  We have represented public and private employees:

  • in cases involving wage issues, discrimination, disability, discipline or dismissal;
  • in arbitrations;
  • before the California State Personnel Board (SPB);
  • before the California Public Employment Relations Board (PERB);
  • before the State Teachers Retirement System (STRS);
  • in Administrative Hearings in a variety of settings;
  • before the California Public Employee Retirement System (PERS);
  • in Superior Court in multiple counties in California;
  • before the Third District Court of Appeal;
  • before the California Supreme Court;
  • and in Federal Court.

Most of our work with individual employees starts with a one-hour individual consultation in our offices.  Please contact the office if you wish to set up a one-hour consultation.

 

Workplace Discrimination

Both California and Federal law prohibit discrimination in the workplace.  California’s Fair Employment and Housing Act (“FEHA”) is our state’s robust anti-discrimination law which provides even more protection than the federal government’s Title VII. 

What is workplace discrimination? 

Workplace discrimination occurs when an employer takes an adverse action (termination, demotion, refusal to hire or promote, and in some cases a pattern of less drastic actions) against an employee because of his or her race, religion, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.  These are commonly referred to as “protected statuses” or “protected categories.” 

What to do if you feel like your employer is discriminating against you?

In addition to utilizing any internal complaint procedures your employer has established, we suggest contacting our office for a consultation as soon as you feel discrimination has occurred.  Before you can file a lawsuit for workplace discrimination, you are required to file a complaint with the California Department of Fair Employment and Housing (“DFEH”) within one year from the date of the workplace discrimination.  After the DFEH issues you a “Right-to-Sue” letter, you have one year from the date you received the Right-to-Sue letter to file a lawsuit in court against your employer.