San Francisco Discrimination Lawyer

San Francisco Discrimination Attorney

No employee should face discrimination in their workplace. Rather, they should have a work environment and leadership that support them and help them grow and thrive in their position. This is not always the case because discrimination can and does happen in nearly every industry.

An employer may refuse to hire you because you are a veteran. You may encounter coworkers who verbally and physically abuse or harass you because you are a member of the LGBTQ+ community. A supervisor may be unhappy that you reported them for mistreatment, so they will cut your hours or fire you without cause. If you have faced this type of discrimination at work, and it has had a significant impact on your life, then you may be entitled to compensation. An accomplished San Francisco employment attorney from Clark Employment Law, APC, can help you navigate your claim.

What Is Workplace Discrimination?

No workplace is free of conflict. In any job, there will likely be personality clashes and differences of opinion. Both supervisors and coworkers can cause unfair situations to arise. Your supervisor may be controlling, which makes it difficult to produce work that is up to their standards. A coworker may talk loudly and distract you from completing your work.

These things are frustrating and can affect your efficiency, but they are not discrimination. Workplace discrimination happens when an employee is intentionally targeted or mistreated because of a certain characteristic, such as their gender identity or their age.

What Is a Protected Characteristic?

Every person has certain characteristics that they have no control over. You do not choose your race, ethnicity, gender, age, or sexual orientation. In legal terms, these are referred to as protected characteristics, and they are protected by federal and state law. These characteristics include:

• Age
• Race
• National origin
• Religion
• Sexual orientation
• Disability
• Veteran status
• Color
• Gender identity
• Genetic information
• Citizenship status

Prejudice still exists in society, so some people may have an extremely negative view of one or more of these characteristics. If you are mistreated in the workplace as a result of another person’s prejudice, then you may have a discrimination claim. It is important to know how to recognize acts of discrimination like retaliation, wrongful termination, intentionally poor working conditions, and more.

Categories of Workplace Discrimination

Discrimination is not always overt and can sometimes be difficult to recognize. A policy that unintentionally impacts employees of a certain religion or culture more than others is discrimination, just as if an employer fired you because of your race. Understanding the different ways that discrimination is classified can help you recognize it in the workplace and take the necessary steps to stop it.

• Disparate Treatment: This is the type of discrimination that most people are familiar with. These are intentional actions that are taken to exclude, harm, or remove employees because of a certain protected characteristic. One example of disparate treatment discrimination is if a Christian supervisor finds out that you are a Muslim and begins to cut your hours so you will quit. Similarly, you may be experiencing disparate treatment if you apply for a job and are rejected solely because of your gender.
• Disparate Impact: Not all discrimination is done with hateful intent. There are some circumstances where a policy or regulation for your workplace negatively affects certain employees because of their protected status. Your boss at the grocery store may put a policy in place that all deli workers are required to handle meat slicing at some point during their work. This policy will disproportionately impact employees whose religion forbids them from touching certain types of meat because they are considered unclean. The employer likely did not intend to single out those employees, but the policy could create disciplinary issues if handled incorrectly.
• Retaliation: Most people do not enjoy being confronted with their wrongs, but some take their reactions too far and retaliate. This can be especially dangerous in the workplace because it puts your income at risk. When you realize that a coworker was injured because your supervisor did not keep the workspace clean and safe, you may choose to report your supervisor. If they retaliate against you by giving you the least desirable work or creating a toxic work environment to force you to quit, that is discrimination.

Filing a Workplace Discrimination Claim

If you are facing discrimination at work, you are likely feeling frustrated and nervous. The potential loss of your livelihood due to another’s prejudice is both unfair and frightening. However, there are organizations that protect workers’ rights. The Equal Employment Opportunity Commission (EEOC) protects employees from discrimination at the federal level, while the Civil Rights Department (CRD) protects employees in California. Pursuing legal action against an employer for discrimination takes courage, but it will help not only you but others in your position. If you decide to do so, the process is to:

1. File a Complaint With the CRD: To file this complaint, you must first try to address the problem with your employer. Your employer may already have practices in place to address discrimination, like filing a complaint or mediation within the company. If you have followed company policy, and are still facing discrimination, then you will file an official complaint with the CRD.
2. Obtain a Right to Sue Letter: When your complaint has been filed, the CRD will start an investigation. They will look at how you were treated, whether your employer followed the correct protocols, and if any discrimination actually took place. If their investigation determines that you have a valid case, then they will give you a Right to Sue letter so you can file a discrimination claim.
3. Find a San Francisco Workplace Discrimination Attorney: It is important to have experienced legal counsel when you file a claim. An accomplished workplace discrimination attorney can:

• Help you collect any evidence you may need.
• Walk you through how to document everything correctly.
• Make sure that all the necessary paperwork is filed for your claim to be successful.

A workplace discrimination claim can take months to complete. The court will:

• Investigate your claims.
• Gather evidence from both sides.
• Possibly require mediation.

Eventually, your case could conclude with a trial if a settlement is not reached. This process is very involved, and it is important to do everything correctly to achieve the right outcome. An experienced San Francisco employment attorney from Clark Employment Law, APC, can guide you through the process.

Employment Discrimination FAQs

Q: Can You Sue for Discrimination in California?

A: Everyone deserves to feel safe, supported, and valued at work. Unfortunately, that does not always happen. You may have grounds for a discrimination claim if you:

• Were fired with no clear reason
• Had requests for religious accommodations denied
• Were belittled or harassed at work

If the harassment was based on a protected characteristic like your race, gender, disability, or veteran status, then it is illegal, and you can sue in California.

Q: What Are the Chances of Winning a Discrimination Case?

A: If you face discrimination in your workplace, then you deserve justice, but filing a discrimination case can be a drawn-out and confusing process that you are not guaranteed to win. Keeping evidence of the discrimination can make your case stronger. If you experienced written harassment, then screenshots or copies of emails, texts, or notes would help prove your claim. Similarly, if your hours were regularly cut, it would be wise to keep a record of every time you lost hours on your schedule.

Q: How Long Do You Have to File a Discrimination Claim in California?

A: You may not always recognize that you are facing workplace discrimination when it happens. Small things, like being given the more difficult jobs or having your hours cut or adjusted unfairly, may build up over time into a bigger problem. Whether you were wrongfully terminated, had your hours cut, or were pushed to quit, you have three years to file a discrimination claim. You will need to get a Right to Sue letter from the California Civil Rights Department before you can move forward.

Q: How Much Is a Discrimination Claim Worth in California?

A: No one should have to face discrimination, but it can be particularly difficult at work. If mistreatment at work, like shortened hours or verbal abuse, goes on long enough, it can lead to wrongful termination. This could earn you a significant settlement when you file a discrimination claim. The amount of your settlement will depend on how severely the discrimination impacted your life, including lost wages and time away from work.

Trust Clark Employment Law, APC, to Fight for You

You deserve to feel welcome and supported at work. Discrimination should have no place in your work life, but that is not always the case. You may face a supervisor who refuses to accommodate your religious needs. Coworkers may send you hateful or abusive messages because of your gender or sexual identity. Your hours may be cut, or you may be given less desirable work because of a disability.

Regardless of the specifics of the discrimination, it is illegal. If the mistreatment is serious enough, you could have grounds for a workplace discrimination claim. An experienced San Francisco employment lawyer can help you gather evidence for your case, get a Right to Sue letter, and file your claim successfully. Trust the team at Clark Employment Law, APC, to guide you through your workplace discrimination case from beginning to end.