Sex discrimination lawyers in Belmont
assist employees who have been discriminated against at work because of their gender, race, handicap, sexual orientation, age, or any other protected feature. Employees who have been the victims of workplace discrimination are legally protected. A word of caution, though: what an employee perceives as discrimination may not qualify as such under state and federal employment regulations.
What is the definition of unlawful discrimination?
Unlawful employment discrimination occurs when an employee or job applicant is mistreated because of their age, sex, race, sexual orientation, nationality, or handicap. This means that an employer must treat an employee or job applicant differently for an action to be considered discriminatory because they belong to a protected group.
Discrimination in the workplace is illegal when companies treat employees differently because of:
Sex, Gender, and Gender Identity.
When a manager or supervisor takes an adverse employment action because of discrimination based on one of these protected groups, they break the law.
What is a "discriminatory employment action"?
An employee must establish that the employer took adverse employment action against them and that the action was motivated by discrimination to file a claim of employment discrimination successfully.
Affirmative employment actions, as defined by California and federal law, include:
Termination of employment or dismissal
Constructive discharge (where working environment became so intolerable that resignation becomes appropriate)
Demotion, transfer, or an unpleasant job assignment are all possibilities.
Inability to conduct interviews or employ
Refusing to promote or advance
Any other hiring decision that has a significant impact on the terms and conditions of employment
What can workers who have been discriminated against do to defend themselves?
Discriminated-against-employees should consider reporting it to their employers. While an employee may verbally raise concerns about discrimination in the workplace, it is generally a good idea to document such issues in writing. Keep in mind that businesses are not allowed to retaliate against employees who disclose discrimination under the law. An employer who retaliates against an employee for raising discrimination concerns may be liable for retaliation.
Discrimination claims can also be filed with the California Department of Fair Employment and Housing (DFEH) or the federal Equal Employment Opportunity Commission (EEOC). If you want to file a charge of discrimination with any agency, you must do it within a certain amount of time. In general, a California employee has one year from the discriminatory act to file a complaint with the DFEH and 300 days to file a complaint with the EEOC.
Employees may wish to consult with the
first to discover what options are open. They may weigh the advantages and disadvantages of each option before making a decision.
Employees may have few choices if a supervisor mistreats everyone. Still, they have options if the discrimination is based on a constitutionally protected category like sex, disabilities, gender, age, or sexual orientation.
Where can I seek legal assistance?
Sex discrimination lawyers Belmont
, have successfully represented many executives, professionals, and employees who have been subjected to workplace discrimination. Please get in touch with us at 1-415-551-0885 or via our contact form.