Standing up for employees facing discrimination in the workplace.
Workplace discrimination is illegal. Even though there are existing laws in place to protect employees from discrimination, it still occurs far too often in offices, factories, construction sites and other workplaces across California.
McCormack & Erlich is dedicated to fighting for the rights of individuals who have experienced discriminatory conduct at work. There are many types of discrimination, all of which are based on a number of protected characteristics including age, race, color, sex, national origin, religion, pregnancy or disability.
What a relief it was to have someone who listened and understood all my concerns.
- Husain N., San Francisco
We empower employees to reclaim their livelihoods.
Discrimination in any form should not be tolerated at work. McCormack & Erlich is prepared to help you receive the compensation you deserve. We offer free consultations. Pay nothing unless you win.
It can be reflected in an employer’s adverse actions toward an individual’s hiring, firing, training, pay, benefits, promotion or transfer, among other aspects of employment. Examples of discriminatory behavior that can occur in the workplace include but are not limited to:
- Refusing to hire job seekers because of their age
- Failing to provide training opportunities to women due to their pregnancy
- Promoting certain workers over others due to their race
- Firing an employee because of his or her religious beliefs
We understand that it can be difficult to speak up and come forward with a complaint against an employer. However, not only is workplace discrimination unfair, it is unlawful. The employment attorneys at McCormack & Erlich are available to answer all your questions and concerns about any workplace discrimination you may have experienced.
Job applicants and employees are protected from discrimination.
Job applicants or employees who have been treated unfairly based on certain personal characteristics that are protected under law may be able to seek compensation for the discrimination they suffered. If you believe you have a valid discrimination claim against your employer, the knowledgeable employment attorneys at McCormack & Erlich are here to help you every step of the way and stand by your side throughout the entire legal process.
We offer free consultations. No fee unless you win.
What constitutes discrimination?
It is important for California employees to know and understand their rights, as well as what qualifies as workplace discrimination and what does not.
The state’s workers are protected from discrimination under the federal Title VII of the Civil Rights Act of 1964 and the California Fair Employment and Housing Act (FEHA).
In order to have a discrimination claim, the employee has to demonstrate that the employer took an adverse employment action against him or her. In addition, it must have been at least partly driven by discrimination based on the specific personal characteristics protected under the law.
Adverse actions can include but are not limited to:
Termination of employment
Negative performance reviews
Demotions or pay cuts
Failure to hire
Any other negative decision that has a significant impact on the terms and conditions of employment
DID YOU KNOW?
Approximately 35% of discrimination claims are race-based while 30% are based on disability.
How do I know if I have a discrimination claim?
While slight annoyances can make a workplace unpleasant, they do not necessarily qualify as discriminatory behavior if they are not considered illegal under the law. In addition, simply suffering an adverse employment action such as being fired or demoted may not be reason enough to file a discrimination claim.
An employee who believes he or she has been discriminated against must prove that the employer’s discriminatory conduct is based on one of the individual’s protected characteristics.
Establishing the link between employer conduct and a protected characteristic can be challenging. The experienced employment attorneys at McCormack & Erlich know how to determine whether you have a valid discrimination claim against your employer, as well as how to obtain the best outcome for your case.
Reasonable accommodations can include:
Reasonable accommodations enable the individual to perform the essential functions of his or her job.
What is the FEHA?
California’s Fair Employment and Housing Act (FEHA) protects individuals who are perceived to have characteristics of a protected class. The law prevents employers from discriminating against people based on their race, religion, national origin, color, ancestry, mental or physical disability, medical condition, marital status, sexual orientation and sex.
Under the FEHA, employers are required to provide reasonable accommodations to employees or job seekers who have a disability, are pregnant or have certain religious beliefs or practices. Reasonable accommodations enable the individual to perform the essential functions of his or her job. They may include medical leave, modified schedules or assistive equipment, for example.
Common types of discrimination
Racial discrimination occurs in the workplace when a job applicant or current employee is treated with hostility because of race-related traits such as their skin color, facial features or hair texture. Racial discrimination can take many forms, including racial slurs and derogatory remarks. The individual may also be fired, receive fewer promotional opportunities or be treated less favorably than other workers due to race.
While the law does not protect employees against offhand remarks, teasing or isolated incidents, an individual may have a case for racial discrimination if the work environment becomes hostile and the employee is subjected to severe or pervasive harassment based on his or her race.
If you believe you have experienced discrimination in the workplace, there are steps you can take to deal with the unlawful behavior and prevent it from disrupting your life. The employment attorneys at McCormack & Erlich are committed to protecting the rights of employees throughout the San Francisco Bay Area. Contact us today to learn more about your legal options and how we can help you seek justice.
Call for a free case evaluation
We offer free consultations, and there is no fee unless you win your case. Our experienced discrimination attorneys at McCormack & Erlich are available to answer your questions or concerns.