There are many different types of employment discrimination that are prohibited by state and federal laws. If you believe you have been the victim of discrimination in the workplace, it is important to consult with your own employment lawyer. The companyâs HR department and legal team are there to protect the companyâs interests – not yours. A San Francisco discrimination lawyer can advise you of the best way to protect your legal rights in the workplace.Â
Here are some of the most common types of employment discrimination:Â
It is illegal for an employer to change the terms and conditions of employment based upon the employeeâs gender. Gender discrimination has been interpreted by the courts to prohibit discrimination based on pregnancy and sexual orientation, as well. California state law also prohibits discrimination based upon an employeeâs gender identity or expression.Â
The Civil Rights Act of 1964 prohibits employment discrimination based upon the employeeâs race (or the race they are perceived to be). Discrimination can occur in pay, hiring and firing decisions, opportunities for advancement, scheduling, and other terms and conditions of employment. An employer can even commit racial discrimination by allowing racial jokes, slurs, gestures, or other denigrating actions to create a hostile work environment.Â
The Americans With Disabilities Act of 1990 prohibits employment discrimination based upon a personâs disability. Disability discrimination is a more complex legal issue than discrimination based on gender or race. In many cases, a disability does interfere with an employeeâs ability to perform the essential functions of their job. That is a different situation than discriminating against an otherwise qualified applicant simply because they are disabled.Â
Because the rules are less clear with disability discrimination cases, it is especially important for disabled employees to consult with an employment lawyer about their legal rights. An employment lawyer can also help you make requests for reasonable accommodations as required by the ADA. If these requests are not made in accordance with the law, your employer might not realize that it is protected by the ADA and deny a valid request.
For many employees, pay is the single most important term of their employment. It is illegal for an employer to discriminate against an employee in pay based on their membership in a protected class. Protected classes include:Â
Employers work hard to get out of pay discrimination claims. Companies often discourage employees from comparing pay in order to prevent them from finding out about pay discrepancies. An employer will also try to find other, lawful reasons for paying an employee less than other employees. It takes a skilled employment lawyer to fight back against a large company, its HR department, and even its lawyers. Our skilled discrimination lawyers know how to work through these excuses to prove that discrimination has occurred.Â
The experienced employment lawyers at Olivier & Schreiber P.C. have years of experience handling all types of employment discrimination cases. Our skilled San Francisco discrimination lawyers will fight hard to protect your rights in the workplace. Call (415) 484-0980 or visit our website to schedule your consultation today.
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