Representing Employees Harmed by Illegal Job Discrimination

Both California and federal law prohibits discrimination in the workplace on the basis of race, color, national origin, religion, sex, age, and disability. California law also prohibits discrimination based on sexual orientation, gender identity, 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.

At Rukin Hyland Doria & Tindall, our attorneys represent employees who have suffered unlawful discrimination on the job, including:

• Racial discrimination: We seek damages for employees who have been discriminated against on the job because of their race, color, ancestry or national origin.
• Age discrimination: Under California Fair Employment and Housing Act (FEHA) and the Age Discrimination in Employment Act (ADEA), it is illegal for an employer to discriminate against an employee based on age. In order to qualify for the protections of this law, the employee must be 40 years of age or older.
• Sex and gender discrimination: The Equal Pay Act and other laws prohibit wage discrimination and other unfair treatment based on an employee's sex or gender. Other laws protect employees against discrimination based on pregnancy or childbirth and prohibit sexual harassment in the workplace. California law also prohibits discrimination against gays, lesbians and bisexuals on the basis of their sexual orientation.
• Disability discrimination: Under the Americans with Disabilities Act (ADA) and the California Fair Employment and Housing Act (FEHA), it is illegal to discriminate against a worker because of his or her disability, or because he or she is perceived to have a disability. In addition to bringing discrimination claims on behalf of disabled employees, we counsel employees regarding their right to reasonable accommodations in the workplace.
• Religious Discrimination: Our attorneys represent employees who have been subjected to illegal discrimination because of their religion or religious practices.

What Actions Qualify as Illegal Employment Discrimination?

To prevail in a job discrimination action, the employee must show that the employer took an adverse employment action against the employee, and that the adverse employment action was motivated by discrimination. Types of adverse employment actions include:

• Discharge, termination or firing
• Demotion, transfer, or unfavorable job assignment
• Reduction in pay
• Failure to interview or hire
• Denying promotion or advancement
• Any other employment decision that materially affects the terms and conditions of employment

Proving that an adverse job action 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 -- employees must have evidence that the action was motivated by discriminatory bias. For example, when 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 in San Francisco or anywhere in Northern California, contact us online or by phone at 415-421-1800, to talk with an experienced employment lawyer.

If you would like more information about discrimination and employment law, please visit Frequently Asked Questions and Employment Law News.