Practice Areas
Discrimination / HarassmentEmployment Discrimination and Harassment Federal and California job discrimination laws prohibit unequal treatment or harassment on account of an employee’s gender, race, color, age, national origin, ancestry, religion, pregnancy or childbirth, or disability (mental, physical or perceived). In addition, California job discrimination law prohibits discrimination or harassment on account of an employee’s sexual orientation, marital status, or “medical condition” (i.e., cancer or genetic characteristics). Local laws in California may provide even further protection. For example, San Francisco prohibits discrimination against or harassment of an employee because of his or her height or weight. The laws do not protect employees from every minor grievance or slight. For example, harassment, including sexual harassment, is only unlawful if it is either “severe” or “pervasive” (extremely serious or repeated and continuous). Proving that an adverse job action (discharge, demotion, reduction in pay, denied promotion, etc.) is discriminatory is often complicated, because employers rarely admit they acted with a discriminatory motive. An employee must do more than show that an employer’s decision is unfair or wrong; the employee must have evidence that it was motivated by discriminatory bias. For example, where an employer’s stated reason for firing an employee is workplace misconduct, an employee may prove discrimination in part by showing that the employer did not fire other employees who engaged in the same misconduct. If you believe you have been the victim of unlawful discrimination or harassment, contact us through this website or by phone at 415-421-1800. If you would like more information about employment law, please visit our Frequently Asked Questions and see our Media Center. Rukin Hyland Doria & Tindall LLP |
