Discrimination
Employment decisions should be based on the quality of your work—not your race, sex, or other protected characteristic. Unfortunately, workplace discrimination remains prevalent across all industries and can impact employees at all levels of a company. California law prohibits many forms of employment discrimination, and we are passionate about helping employees who experience workplace discrimination hold their employers accountable when they violate the law.
How do I know if I am being discriminated against?
Discrimination can come in many forms. Unlawful discrimintion occurs when an employer takes a negative employment action against an employee because the employee is in one of the “protected classes” described above. Negative employment actions can include being fired, demoted, denied promotion or advancement, failure to hire, being forced to quit, being denied equal compensation, and other unfair or unequal treatment.
What are my options if I have experienced discrimination?
Going through workplace discrimination can be devastating. We are here to listen to your story and to discuss a path forward that meets your needs. Our attorneys are highly experienced in successfully negotiating and litigating discrimination cases.
What are the types of unlawful discrimination?
Unlawful discrimination is the unequal treatment of an employee based on the employee’s actual or perceived membership in one or more of the following “protected classes”:
- Gender/sex: California law prohibits discrimination based on sex or gender with respect to all terms and conditions of employment, including hiring, compensation, promotion, treatment on the job, and termination. The law also prevents employers from making employment decisions based on gender stereotypes.
- Race/national origin: It is illegal for an employer to discriminate against an employee because of their race, color, ancestry or national origin. State law protects employees from being terminated, being denied promotional opportunities, or otherwise being treated less favorably, based on race/national origin.
- Disability/medical condition: It is unlawful for an employer to discriminate against an employee because of their physical or mental disability, even if the disability is only temporary. Employers must provide reasonable accommodation to employees with disabilities, and must engage in good faith discussions with disabled employees to determine what accommodations are needed.
- Pregnancy discrimination: Employers may not discriminate or retaliate against women because they are pregnant, or because they intend to take or have taken leave for pregnancy or baby bonding.
- Age discrimination: California law protects workers aged 40 or older from discrimination in the workplace or in hiring.
- Discrimination due to sexual orientation: It is illegal for an employer to discriminate against an employee due to their sexual orientation, actual or perceived.
- Religious discrimination: Employers may not discriminate or retaliate against employees because of their religion. Employers must accommodate an employee’s religious beliefs and observances if reasonably possible without undue hardship.
- Discrimination due to gender identity or gender expression: It is unlawful for an employer to discriminate against an employee based on their gender expression or gender identity, including transgender status.
- Discrimination based on military/veteran status: California law protects veterans and those who have served in the military from discrimination in the workplace or in hiring.
- Discrimination against victim of domestic violence, sexual assault or stalking: It is unlawful for employers to discriminate against employees because they have been victims of domestic violence, sexual assault or stalking. These employees also have the right to take time off work to get help in protecting their health, safety and welfare, and to request reasonable accommodations to ensure they are safe at work.
- Discrimination based on political activities or affiliations: Employers may not discriminate against an employee because of the employee’s political beliefs, party affiliation, or civil activities. For example, an employer cannot refuse to hire a job applicant because they are affiliated with a certain political party, or fire someone because they participated in a political protest during non-work hours.
We have held companies and individuals to account for their unlawful behavior and have recovered tens of millions of dollars in damages for clients impacted by discrimination at work. Examples of recent cases include:
- Represented Ellen Pao in her landmark gender discrimination case against Kleiner Perkins.
- Represented a legally blind employee in a disability discrimination trial, winning a record-setting seven-figure jury verdict.
- Represented an EVP of a technology company in age discrimination claims, successfully negotiating a $12 million settlement.
- Represented a Product Development executive in pregnancy discrimination claims against a national company, which settled before trial for nearly $1 million.