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 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.
Who We Serve at the Law Offices of Alan F. Cohen
We work with employees and job applicants at every stage of the employment relationship. If any of the situations below sound familiar, our attorney wants to hear from you.
There are many forms workplace discrimination can take, and the workers who come to us reflect that range:
- Applicants and Employees Denied Fair Job Opportunities: Someone who believes a protected trait affected their interview, hiring decision, job offer, promotion, training opportunity, assignment, schedule, benefit, referral, or chance to advance.
- Workers Paid Less or Passed Over for Advancement: An employee who believes race, sex, disability, age, religion, national origin, or another protected trait affected their pay, bonus, overtime access, benefits, raise, promotion, leadership opportunity, or access to better shifts.
- Workers Fired, Demoted, or Disciplined Based on a Protected Trait: An employee who was written up, suspended, demoted, laid off, fired, or pressured to resign and believes workers outside their protected group were treated more favorably in similar circumstances.
- Workers Facing Discriminatory Harassment: An employee dealing with slurs, offensive jokes, comments, threats, exclusion, intimidation, or repeated mistreatment tied to a protected characteristic.
- Workers Denied a Needed Workplace Accommodation: An employee or applicant who requested a disability, pregnancy-related, or religious adjustment and believes the request was denied, ignored, delayed, or used against them.
If you recognize yourself in any of these descriptions, you may have grounds for a discrimination claim under California or federal law.
Laws That Protect Workers From Discrimination
Many federal and state laws protect workers from employment discrimination. Federal protections are derived from the following:
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, being 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.
How We Handle Your Case
Our process is designed to give every client a clear path forward from the first conversation:
- Contact Us: Our attorney reviews the details of your situation, identifies the strengths of your case, and maps out a strategy to pursue your goals.
- Negotiate: When possible, we resolve cases through negotiation. We know the right questions to ask and how to build a compelling case before any courtroom proceedings begin.
- Trial: If negotiations do not produce the outcome you need, we prepare to take your case all the way through trial. We have represented employees against some of the largest corporations and law firms in the country, and we do not back down.
Why Choose the Law Offices of Alan F. Cohen?
Attorney Alan F. Cohen has represented hundreds of employees since 1998, recovering millions of dollars in damages across a wide range of employment disputes. From fast-food workers to corporate executives, our clients represent every level of the workforce.
Alan’s approach is built on two things: deep knowledge of state and federal employment law, and a genuine commitment to restoring each client’s sense of dignity and agency.
When you work with us, you get an attorney who keeps you informed, explains your options clearly, and fights hard for the best possible result.
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 attorney today for a free consultation regarding your situation.
FAQs About Employment Discrimination in California
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.
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.
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.
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.
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.
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.