Practice Areas - Employees

Employment Discrimination Attorney San Jose CA

Employment discrimination is a serious issue. If you are facing discrimination at work, it is important to take action. Masoom Law Firm P.C. can help you fight for your rights and get the justice you deserve. We have years of experience fighting employment discrimination cases, and we know how to get results. Contact us today to learn more about how we can help you.

What is considered discrimination in California?

In California, there are a number of protected classes that are considered to be under the protection of the law from any form of discrimination. These classes include disability, national origin, age, race, religion, gender, and others. If you experienced discrimination based on any of these factors, you can take legal action.

Employment Administrative Remedies

The Department of Fair Employment and Housing (“DFEH”) is charged with enforcing the laws that protect employees, among others, from discrimination, harassment, and retaliation in hiring, transferring, promoting, terminating, or separating employees.

To file a lawsuit alleging discrimination in California courts, an employee must first obtain the right to bring a lawsuit in court, by way of a “Right to Sue.” The deadline to file a charge of discrimination and/or obtain the right to bring a lawsuit within 3 years of the last alleged unlawful act.

Equal Employment Opportunity Commission (“EEOC”)

The federal anti-discrimination laws enforced by the EEOC, give you a limited amount of time to file a charge of discrimination.

In general, you need to file a charge within 180 calendar days from the day the discrimination took place. The 180 calendar day filing deadline is extended to 300 calendar days if a state or local agency enforces a law that prohibits employment discrimination on the same basis.

The rules are slightly different for age discrimination charges. For age discrimination, the filing deadline is only extended to 300 days if there is a state law prohibiting age discrimination in employment and a state agency or authority enforcing that law. The deadline is not extended if only a local law prohibits age discrimination.

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San Jose Discrimination Lawyer

Unconscious prejudice against a person’s race, gender, age, ethnicity, country of origin, religious beliefs or sexual orientation may continue to exist in the San Jose community. While the legislation protects Californian residents from unlawful discrimination,

it is nevertheless an issue. Unjust discrimination might have significant emotional and financial consequences. It’s possible that your problem has caused harm to your workplace or career, and if this is the case, you may want to hire a San Jose discrimination lawyer.

With the help of an experienced attorney, you can fight against employment discrimination and hold your employer accountable for their actions. Contact Masoom Law Firm P.C. today to learn more about how you can take legal action against workplace discrimination in San Jose.

What laws protect employees from discrimination?

The US anti-discrimination legislation protects employees from unfair prejudice. The Civil Rights Act of 1964 and the California Fair Employment and Housing Act are examples of important laws that safeguard individuals against unlawful bias. It is illegal for employers of 5 or more employees to discriminate against job applicants and employees because of a protected category, or retaliate against them because they have asserted their rights under the law. The FEHA prohibits harassment based on a protected category against an employee, an applicant, an unpaid intern or volunteer, or a contractor. Harassment is prohibited in all workplaces, even those with fewer than five employees.

The California Family Rights Act (CFRA) requires employers of 5 or more employees to provide an eligible employee with job-protected leave to care for a child, spouse, domestic partner, parent, grandparent, grandchild, or sibling with a serious health condition, and for the employee’s own serious health condition. An eligible employee may also take job-protected leave to bond with a new child by birth, adoption, or foster care placement, within one year of the child’s birth, adoption, or foster placement. “Child” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of an employee or the employee’s domestic partner, or a person to whom the employee stands in loco parentis.

“Parent” includes a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal guardian, or other person who stood in loco parentis to the employee when the employee was a child. Employers of 5 or more employees must provide up to four months of disability leave for an employee who is disabled due to pregnancy, childbirth, or a related medical condition. If you believe that your employer is discriminating against you and/or other employees, it’s crucial to consider taking legal action as soon as possible.

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Get help from a San Jose Discrimination Attorney

Masoom Law Firm P.C. has a strong track record of successfully representing clients in matters before the state courts.

Call us to schedule an appointment with an employment discrimination attorney in our San Jose office. We will review the facts of your case and recommend the best course of action. Contact us today to discuss your legal options.

Frequently Asked Questions

Can you sue for discrimination in California?

In California, people eligible for employment enjoy their civil rights from discrimination. Employees may sue for discrimination against emoloyers.

How do I prove discrimination in California?

“If you are claiming discrimination, you have the burden of proving that you experienced harmed by an unlawful or unfair act that impacted you as a member of a protected class, such that you’re in an unsafe situation or are not working.

What are protected classes?

The term protected classes refers to a particular group of individuals that enjoys protected legal status under the law. Protection classes share a number of unique characteristics which may cause unfairness. There are many federal laws in the country aimed at treating everyone fairly and respectably, but as these laws evolve, these categories now face the risk of harassment: California law protects the groups mentioned above; Despite the said law, workplace discrimination remains widespread across America.

What is Religious Discrimination?

Religious discrimination restricts employment to individuals of any religion and belief. This law also requires that employers’ religious practices be accepted by employees if doing so creates problems within their business environment. The California Fair Employment and Housing Act (FEHA) was formulated as an effective way to prevent workers from causing harm. There is discriminatory action against people convicted under this law which is:

1) Firing an employee because of their religion or beliefs.

2) Forcing an employee to change or leave their job because of religious practices that do not fit with the company’s dress code or other rules.

3) Making it difficult for an employee to take time off work for religious reasons such as going to church, attending a Mosque or celebrating a Jewish holiday.

4) Denying an employee a job because they have not undergone the same religious conversion as the employer.

5) Promoting or rewarding employees who share the same religion as the employer while refusing to do so for those who do not.

What is Disability Discrimination?

The Americans with Disabilities Act of 1990, along with Title 504 of the Rehabilitation Act of 1973, prohibits employment discrimination involving persons with disabilities. The two statutes have different effects in private and government offices. Among the many discriminatory actions based on disabilities:

1) An employer may not refuse to hire a qualified person with a disability because of the disability of the person.

2) An employer may not limit, segregate or classify a person in a way that would automatically exclude them from employment because of their disability.

3) An employer may not use selection criteria that disproportionately screen out persons with disabilities.

4) An employer may not use medical examinations or questions about the existence of a disability or medical history in hiring decisions.

5) If an employer needs to make any changes to the work environment or processes in order to accommodate a disabled employee, they must do so unless it would create an undue hardship on their business operations.

What is Gender discrimination?

The Equal Pay Act of 1963 imposes no sex discrimination in employment in compensation. Employees of two sexes cannot receive differing compensation for performing the same jobs at the same institution.

Although discrimination in wages isn’t based solely on sexuality, examples of such racism are:

1) Failing to hire or promote based on gender, sexual orientation, or gender identity.

2) Treating employees differently based on sex, including making different pay and benefits available for men and women.

3) Denying maternity leave for female workers, pregnant or who have recently given birth.

4) Retaliation against an employee who complains about sex discrimination in the workplace. Applicants who are qualified for the job. Employers may not specify sex, gender identity, or sexual orientation in job advertisements. They may not limit their search to only male or female applicants.

5) Retaliation against an employee who complains about sex discrimination in the workplace. applicants who are qualified for the job. Employers may not specify sex, gender identity, or sexual orientation in job advertisements. They may not limit their search to only male or female applicants.

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Workplace Discrimination