Federal laws, such as Title VII of the Civil Rights Act of 1964, provide robust protections against workplace discrimination. California residents benefit from additional protections under the Fair Employment and Housing Act (FEHA), which covers a broader range of employment relationships than federal laws and applies to employers with as few as five employees.
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Alan Cohen Law
Discrimination
San Francisco Discrimination Attorney
Despite numerous laws meant to protect workers, many individuals still face illegal discrimination in the workplace or during the hiring process. It can be overt, but it can also be subtle, sometimes going unnoticed in a company for years. Discrimination can slow or even halt an individual’s career progress, potentially costing them tens or even hundreds of thousands of dollars.
If you have faced unlawful discrimination on the job, you have the right to file a discrimination claim and may even be eligible to seek compensation for your related damages. To learn more and discuss your case, contact the Law Offices of Alan F. Cohen today to schedule your free initial consultation with an experienced employment lawyer.
What is Employment Discrimination?
It’s important to understand that not all instances of separate treatment in the workplace are considered discrimination. Employers may sometimes engage in conduct that is unfair but not necessarily illegal. However, the law does prohibit employers from discriminating against employees or potential employees based on any protected characteristic, including:
- Race
- Nation of origin
- Color
- Religion
- Pregnancy
- Disability or medical condition
- Gender identity or expression
- Citizenship status
- Age (if over 40)
- Genetic information
- Marital status
- Veteran or military status
When Does Employment Discrimination Happen?
Discrimination can take many forms, including harassment by superiors or fellow workers based on any of the above characteristics, denial of reasonable workplace accommodations based on a disability or due to religion, or retaliation for engaging in legally protected activities, such as filing a complaint about employment discrimination in the workplace. Employment discrimination can appear in multiple contexts:
- During the hiring process.
- Termination of an employee.
- Whether an employee gets a promotion or is denied a promotion.
- Compensation provided to the employee.
- Retention of an employee.
- Preferential or discriminatory scheduling.
- Discriminatory assignment of job tasks to a particular employee.
- Other discriminatory treatment.
Discrimination is sometimes readily apparent, while other times, employment discrimination can be subtle or could take a long time to surface. If you believe you have been the victim of employment discrimination, consult with an experienced employment discrimination law attorney as soon as possible.
Laws That Protect Workers From Discrimination
Many federal and state laws protect workers from employment discrimination. Federal protections are derived from the following:
- Title VII of the Civil Rights Act of 1964 provides employees protection from discrimination in the workplace based on the employee’s race, color, religion, sex, or national origin.
- The Age Discrimination in Employment Act of 1967 protects employees over forty from workplace discrimination.
- Title I and Title V of the Americans with Disabilities Act of 1990 protects against discrimination against workers with disabilities.
- The Equal Pay Act of 1963 protects against sex-based pay discrimination when male and female workers perform work that is substantially equal in the same establishment.
California’s Fair Employment and Housing Act (FEHA) lays out more protections for workers against employment discrimination. This state law applies to all companies that have more than five employees.
Remedies for Employment Discrimination
Workers who have been victims of employment discrimination may be entitled to recovery under state and federal employment anti-discrimination laws. Damages that can be sought in an employment discrimination suit can include back pay and front pay, compensation for career damage, emotional distress damages, reinstatement to a previous job, becoming hired, or obtaining a reasonable accommodation for religious beliefs or disability. Victims might also be eligible for attorney’s fees and court costs. In serious enough cases, an employee may be awarded punitive damages.
Call Now For a Free Initial Consultation
The Law Offices of Alan F. Cohen has worked with many employees who have been the victims of employment discrimination, so let us fight for your rights. Contact our San Francisco, California, employment discrimination attorneys today for a free consultation regarding your situation.
FAQs About Employment Discrimination in California
How Do I Know If I’ve Experienced Discrimination?
Discrimination can be overt, such as derogatory comments or denial of promotions based on a protected characteristic, or subtle, such as exclusion or different performance expectations placed on employees based on their identity. If you feel you’re being treated unfairly or differently and suspect it’s tied to your protected traits, you may have experienced discrimination.
Can I Be Fired for Reporting Discrimination?
No, employers are legally forbidden from retaliating against employees who report discrimination. Retaliation includes termination, demotion, reduced hours or any other adverse employment action taken in response to your complaint. If you believe you’ve been retaliated against, you may be entitled to pursue a claim against your employer.
What Compensation Can I Receive in a Discrimination Case?
Employees who successfully prove employment discrimination may receive compensation for lost wages (past and future), emotional distress and attorneys’ fees. Additionally, courts may order reinstatement to your previous position or require your employer to implement workplace policy changes to prevent future discrimination.
Does Discrimination Have to Be Intentional to Be Illegal?
No, discrimination doesn’t have to be intentional to violate the law. Policies or practices that unintentionally result in unequal treatment or adverse impacts on certain individuals can still be considered discriminatory. This is called “disparate impact” discrimination, and it’s unlawful like intentional discrimination.
Why Should I Speak to a Lawyer About Employment Discrimination?
Employment discrimination cases are often intricate, demanding a thorough knowledge of both federal and state laws. A lawyer can evaluate the strengths and validity of your case, help gather evidence and advocate for you in negotiations or court proceedings. Having legal representation greatly enhances your likelihood of achieving a favorable outcome.
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Alan F. Cohen
San Francisco Employment Lawyer
Alan F. Cohen
Alan F. Cohen
For 25 years, Alan Cohen has provided fierce advocacy and sophisticated employment representation to San Francisco and Bay Area employees. Mr.Cohen has recovered millions of dollars in damages, negotiated hundreds of severance and employment agreements, and protected the jobs and rights of all kinds of workers. From fast-food workers to CEOs, he has dedicated his career to protecting employees at every level. Mr.Cohen’s deep knowledge of employment law and creative, committed advocacy give his clients an edge in any dispute. It doesn’t matter who the opponent is. He regularly represents and counsels employees throughout California against the biggest law firms and corporations in the world.
“I am so grateful that I reached out to Alan when I did. I was
pushed out of my last job and about to accept a measly severance
when a friend of mine referred me to Alan. I wasn’t sure if I had a
case, but after reviewing the materials I sent to him he assured me
that we could get more than what was being offered…”
Candace L.
Reviews
Hear From Actual Clients
I was incredibly fortunate to have found attorney Alan Cohen during an extremely stressful employment dispute. He was extremely knowledgeable about employment law, always kept me informed and guided throughout the process, and fought tirelessly to secure a positive outcome for my case. His professional demeanor and genuine concern for my situation made a difficult time much more manageable. I would highly recommend him to anyone facing an employment issue, his expertise and guidance are unsurpassed. If you are still searching for “the best attorney” don’t waste any more precious time, call Alan.
I cannot tell you what a relief it was working with Alan! Legal situations are never fun, but Alan helped me feel less anxious and was totally transparent throughout our time together. When things became confusing and complicated, I really felt like Alan took the time to patiently explain how everything worked, and he was exceptional at managing expectations. The entire process was as pain-free as these types of things can be, because Alan is incredibly professional, highly respected, and just exceptional at the work he does. From the beginning, Alan kept me in the loop around timelines and potential...
Alan is a consummate professional, if you are looking for an employment attorney look no further he is the best of the best. Alan will walk you through the various potential outcomes and properly set expectations with you, he takes the time and explains what things mean from a legal perspective and then provides the best legal advice. Legal matters are often stressful events but you can rest assured that Alan will be providing you the best Legal representation possible.
The best employment attorney. Alan knows the law but is very practical. Talk to him first before you make any move with a present or past employer.
Alan is an expert in the field of employment law and I witnessed him navigate the nuances of a difficult discrimination case. The resolution was as best as could have been hoped for but not before he put in many hours of thought and rigor. I strongly recommend his advice and help in gender and disability discrimination cases in particular. You'll feel like you have an honorary law degree after he imparts his wisdom, expertise, and experience in your employment situation. He empowered his client to feel in control, resilient and made her feel like she could take on the...
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