Discrimination

Sunday, May 19, 2013

Rogers Employment Law • 100 Bush Street Suite 1980 • San Francisco, CA 94104 • Phone: (415) 981-9788 • Fax: (415) 981-9798

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Frequently Asked Questions About Employment Discrimination

Q: My boss does not allow me to express my religious beliefs. Is this illegal discrimination?

A: It is possible. Discrimination and harassment on the basis of religion are prohibited by Title VII of the Civil Rights Act. So is retaliation against people who file or support complaints of religious discrimination or harassment. An employer with 15 or more employees must accommodate employees' religious beliefs unless this creates an undue hardship. An employer may not restrict religious expression more than it restricts other expressions that affect workplace efficiency in a similar manner.

Q: Who is protected from employment discrimination on the basis of disability?

A: Employment discrimination against qualified individuals with disabilities is prohibited by the Americans with Disabilities Act (ADA). This restriction applies to both applicants for employment and employees. A person is considered disabled if he or she has a physical or mental impairment that substantially limits one or more major life activities; has a record of such disability; or is regarded as having such disability. Major life activities include seeing, hearing, speaking, walking, breathing, manual tasks, learning, caring for oneself and working.

If you have faced workplace discrimination because of your gender or because of pregnancy, you are not alone. In 2002, the EEOC resolved almost 30,000 sex discrimination claims, recovering almost $100 million in financial awards for the claimants. Even more money was recovered in litigation. If you feel like have been treated adversely based on your sex, contact an experienced employment law attorney about your possible claim today.

State and federal laws protect employees from many forms of discrimination in the workplace. If you’ve been the victim of discrimination due to age, gender, disability, pregnancy, legal immigration status, perceived sexual orientation, or gender identity, you may have just cause for a lawsuit.

At the Rogers Employment Law Firm, I represent employees who have suffered discrimination in the greater San Francisco Bay Area, including Alameda County, Contra Costa County, Marin County, Sonoma County, Solano County, and Santa Clara County. This webpage is intended to provide general information about employment discrimination. For information specific to your situation contact me, Richard Rogers, a San Francisco employment discrimination lawyer with more than 20 years of employment law experience.

Employment Discrimination - An Overview

Over the years, federal and state legislators have worked hard to pass laws against employment discrimination. As a result of these efforts, the United States has some of the most stringent anti-discrimination laws in the world. These federal laws prohibit most employers, employment agencies and unions from discriminating against job applicants or employees on the basis of:

Race
Color
National origin
Religion
Sex
Pregnancy
Age
Disability

Employers must abide by federal anti-discrimination laws at each stage of their hiring and employment processes — from the advertisement and interview to the job offer and promotion. If you have experienced workplace discrimination, these federal laws are designed to help you. Contact an experienced employment law attorney to discuss your case.

Age Discrimination in Employment

Federal law prohibits most employers from discriminating against job applicants and employees on the basis of age. The Age Discrimination in Employment Act (ADEA) protects people 40 years of age and older from age-based discrimination. Illegal discrimination can occur in hiring, training, benefits, compensation, promotion, firing, layoffs and other terms, conditions and privileges of employment. If you have experienced age discrimination, speak with an attorney to assert your rights and get your career back on track.

Disability Discrimination in Employment

The Americans with Disabilities Act (ADA) was passed in response to widespread discrimination against people with disabilities. It protects the disabled from discrimination in communications, public accommodations, transportation, governmental activities and employment. Most employers are prohibited from discriminating against qualified individuals with disabilities in hiring, firing, benefits, compensation, promotion, training and other aspects of employment. If you have a disability and have faced employment discrimination, contact an attorney to discuss your case.

Sex Discrimination in Employment

Under federal law and many state laws, employers must not discriminate on the basis of gender. Employers may not discriminate in decisions regarding hiring, advancement, transfer, pay, benefits and other employment-related conditions. Both women and men are protected from gender-based discrimination. If your employer or a prospective employer has discriminated against you based on your gender, consult an attorney to learn your legal remedies.

Racial Discrimination in Employment

Title VII of the Civil Rights Act bans employers from discriminating against employees or job applicants on the basis of race. Employment decisions due to stereotypes or assumptions regarding race, color or national origin; ancestry, birthplace or culture; linguistic characteristics; or surname associated with a specific national origin are prohibited. Whether the discrimination is overt or more subtle — in the form of policies that negatively affect members of a specific racial group — it is illegal. If you have been the subject of an employer's discrimination on the basis of your race, color or national origin, contact an attorney for advice and representation.

Employment Discrimination Resource Links

Equal Employment Opportunity Commission (EEOC)
The EEOC is responsible for enforcing federal employment discrimination laws. Its site provides information on the federal laws that are designed to prevent employment discrimination based on race, religion, sex and other categories.

Disability.gov
Disability.gov provides a directory of government information for people with disabilities and their families, service providers, employers and other community members.

Youth at Work
This EEOC site teaches teens about their federally protected employment rights and the laws prohibiting employment discrimination.

Department of Labor (DOL)
The Department of Labor defends the rights of workers at many stages, including job seeking, employment and retirement.

Laws Enforced by the Equal Employment Opportunity Commission (EEOC)
Federal laws prohibit employment discrimination based on race, color, national origin, religion, sex, age, pregnancy and disability. They also prohibit wage inequality between men and women.