All employees deserve to be judged by their performance, and not by someone else’s bias. Similarly, all employees deserve an environment where they feel safe from harassment, intimidation or even threats of workplace violence.
Unfortunately, not all employees enjoy this respect. If you feel uncomfortable in your workplace, or you suspect you may have been the target of workplace discrimination or harassment based on being in a protected group, you need an advocate on your side who can evaluate your case and help you address the problem.
At The Armstrong Law Firm, our San Francisco discrimination and harassment lawyer fights on behalf of clients from all industries, including health care professionals facing employment issues, who have suffered from illegal and damaging workplace practices. You don’t have to put up with treatment you know to be wrong. Call us at (415) 909-3945 to schedule a free consultation.
How Do You Know It’s Discrimination?
Employers make decisions that could adversely affect employees for all sorts of reasons. But if you’ve been the target of a recent layoff, demotion or other detrimental employment action that you suspect was based on your inclusion in a legally protected group, then you may have a viable lawsuit. Employers are prohibited from penalizing employees on the basis of:
Some employers are savvy about disguising discriminatory actions as something else. At the same time, even valid suspicions can be hard to prove. But you risk nothing by calling to discuss the specifics of your case in a consultation.
Whether you were laid off after returning to work after a pregnancy, were passed over for a promotion in favor of a younger employee or suspect you may have suffered from a different form of discrimination, we can analyze the facts of your situation and stand up for your rights in the face of illegal employment actions.
What You Must Do Before You File a Discrimination Lawsuit
If you have suffered discrimination in the workplace because of your protected status, you have every right to take legal action. However, under California’s Fair Employment and Housing Act (FEHA), there are certain steps that you must take before you can file a lawsuit. The first step in taking legal action against your employer for discrimination is to file a complaint with the Department of Fair Employment and Housing (DFEH) to obtain a notice of right to sue from them. A notice of right to sue from the DFEH is a prerequisite for filing a civil action for damages in court based on violations of the FEHA. Filing the administrative complaint is a very important step in your discrimination law suit. In order for your complaint to be timely, your complaint must be filed with DFEH before the expiration of one year from the date on which the alleged unlawful action against you.
In cases involving a continuing violation of the law, a complaint can still be filed, provided that there was an occurrence of discrimination within the one year limitation period. A victim can establish a continuing violation by showing that there was a company-wide policy or practice, or a series of related acts against a single protected person. The victim must also prove that the harassment is more than isolated or sporadic acts of intentional discrimination.
If you are experiencing discrimination in the workplace, you may have questions about whether the law applies in your situation. The San Francisco discrimination and harassment attorneys at The Armstrong Law Firm can help bring clarity to your situation. We will help you understand the law and take action to protect your legal position.
What Does Harassment Look Like?
Sexual harassment in the workplace is no joke. If you’ve been the target of workplace harassment, you understand the many ways this damaging behavior can affect your job performance, finances and opportunity for advancement, not to mention the personal repercussions, which can include depression and anxiety.
Not all types of sexual harassment look the same:
- Quid pro quo sexual harassment: This happens when a superior demands sexual favors in exchange for job security or advancement.
- Hostile work environment: This type of sexual harassment may involve persistent leering, unwanted emails or texts, offensive jokes, or even having to sit near a co-worker who displays porn on a computer screen.
You don’t have to accept this treatment in what is supposed to be a professional environment. Sexual harassment is illegal, and you have rights.
Proving Sexual Harassment in the Workplace
In order to successfully file a sexual harassment lawsuit, you must be able prove that you were subjected to harassment based on your sex, sexual orientation, or sexual identity, and the harassment created a hostile, intimidating, oppressive, offensive, or abusive work environment. To prove this you must show:
- You were either working for or applying for a position with the defendant;
- You were subjected to severe or pervasive harassing conduct because of your sex, sexual orientation, or sexual identity;
- A reasonable person in your position would have considered the work environment to be hostile, intimidating, offensive, oppressive, or abusive, just as you did;
- The employer or a supervisor or person of authority engaged in the harassing conduct or they knew or should have known of the conduct and failed to take immediate and appropriate corrective action; and
- You were harmed, and the harassment was a substantial factor in causing your harm.
If you have been subjected to sexual harassment in the workplace and are afraid to take action because you are afraid of losing your job or facing retaliation, the law is on your side. We can help you.
At The Armstrong Law Firm, our San Francisco sexual harassment lawyer protects the rights of California employees who are suffering from the ill effects of unwanted behavior in the workplace.
You’re Not Alone. Call Us Today.
To schedule your consultation with an experienced workplace harassment and discrimination lawyer in San Francisco or Oakland, call (415) 909-3945 or use our online form to tell us about your situation.