Workplace Discrimination Lawyer in San Francisco
Sometimes, discrimination in the workplace is obvious. It could be a joke that went too far, or a comment someone made that just feels… off. Other times, discrimination is more subtle. For example, being passed over for a promotion without any explanation.
Discrimination can build up, really slowly, over time. You might even get to the point where you’re wondering if you’re imagining things.
No matter how it appears, discrimination is illegal in the workplace. If someone at work discriminates against you based on a protected characteristic like race or age, you may have protections under federal and California employment law.
But recognizing discrimination is just the first step.
- How do you prove it?
- Who do you report it to?
- What should you do right now?
A workplace discrimination lawyer in San Francisco can help you get the answers you need. Stoll & Haynes handles discrimination claims and can fight for justice on your behalf.
Meet Our San Francisco Workplace Discrimination Lawyers
Find out more about our employment law team:
Albert G. Stoll, Jr.
Al’s three decades of experience have earned him a strong reputation in San Francisco’s legal community. An accomplished employment attorney, he holds an AV Peer Review Rating from Martindale-Hubbell.
Michael Seville
Michael handles various workplace conflicts fairly and has extensive experience in discrimination cases. He also takes on harassment, wage and hour disputes, and contract disputes.
Gender discrimination and retaliation verdict in San Francisco
Amount awarded: $1 million+
When high-level female professionals were denied promotions because of gender discrimination and retaliation, Stoll & Haynes took action. This case resulted in more than $1 million in compensation. Read more.
Related reading: Stoll & Haynes Client Victories
What Is Discrimination in the Workplace?
Workplace discrimination refers to unfair treatment from an employer due to a legally protected characteristic, such as:
- Race
- Religion
- Age
- Disability
- Sexual orientation
Under California and federal law, employers aren’t allowed to make decisions about hiring, pay, termination, or other terms of employment based on these characteristics.
If they do, you may be able to take legal action.
Have you experienced unfair treatment in your job? A workplace discrimination lawyer in San Francisco, like Stoll & Haynes, can help you understand your legal rights. We’re based on Montgomery Street in the Financial District.
What Does Workplace Discrimination Look Like?
It can be hard to recognize the signs of discrimination, especially if it happens over time.
Here are some ways it may show up at work:
- You’re a woman in a technical role, and your ideas are ignored in meetings. A male colleague says the same things as you and gets all the credit.
- You’re an older employee, and younger, less experienced co-workers get promoted over you.
- You’re a person of color and notice that co-workers are getting more work opportunities than you.
- You’re pregnant, and after sharing the news with your team, you stop getting new projects.
These actions might violate California and federal anti-discrimination laws, such as:
- The California Fair Employment and Housing Act (FEHA)
- The Age Discrimination in Employment Act of 1967 (ADEA),
- The Americans with Disabilities Act (ADA)
- Title VII of the Civil Rights Act of 1964
How To Prove Workplace Discrimination
To prove workplace discrimination in California, you generally need evidence that shows a pattern of unfair treatment linked to a protected characteristic. This can be difficult, especially when employers are unlikely to admit they discriminated against you.
Here are some steps to take:
Write everything down
If something doesn’t feel right, note it down straight away. You’ll want to keep a paper trail of:
- What happened — for example, being passed over for a promotion or being wrongfully terminated
- When it happened
- Who was involved
- How it affected you
Keep important correspondence
Save emails, texts, Slack messages, and anything else you can think of that supports your account of discrimination. Store everything in the cloud for quick access later.
Compare your situation with others’
One of the best ways to prove discrimination is to compare how you are treated with others in similar roles. For example, if co-workers outside your protected group are given promotions over you, this may suggest discriminatory treatment.
Ask co-workers to confirm what happened
If other people were present when an incident occurred, their testimony can support your version of events.
4 Elements of a Discrimination Case
Generally, there are four things you need to prove in a workplace discrimination case:
- You belong to a protected class
- You perform your job well
- Despite this, you are treated negatively at work
- The negative treatment is linked to discrimination
What To Do If You Suffer Discrimination in San Francisco
Here are some steps to take if you’re discriminated against at work:
File a complaint with your employer
Tell HR about behaviors or decisions you think are discriminatory or unfair. We recommend submitting your complaint in writing so there’s an official record.
File a complaint with the government
You can complain about discrimination to:
These agencies may help resolve the issue.
Get legal guidance from a workplace discrimination lawyer in San Francisco
While government agencies may investigate discrimination, they can’t pursue damages on your behalf. The right employment attorney in the Bay Area can help you seek compensation after unfair treatment in the workplace, such as:
- Lost benefits or job opportunities
- Lost wages
- Emotional distress
Workplace Discrimination Attorney FAQs
The more evidence you have, the stronger your claim may be. Emails, performance reviews, witness testimonies, and other documents might prove unfair treatment in your job and support your case.
It depends on your circumstances. A discrimination attorney can help you collect evidence, negotiate potential compensation with your employer, and pursue your case in San Francisco Superior Court if necessary. Stoll & Haynes offers free case evaluations, so you can have an initial discussion with a qualified employment lawyer at no cost.
You generally have 3 years from the date your discrimination took place to file a complaint with the California Civil Rights Department. If you complain to the EEOC, you generally have 300 calendar days from the date the discrimination took place.
Read more California employment law FAQs.
Contact a Workplace Discrimination Attorney in San Francisco Today
If you’ve been treated unfairly in your job, consider reviewing your situation with an experienced workplace discrimination lawyer. Stoll & Haynes has handled workplace conflicts since 1994 and can help you decide on your next steps.
Disclaimer: This article is for general information purposes only and does not constitute legal advice. Reading it does not create an attorney-client relationship. If you need advice about your specific situation, please contact Stoll & Haynes directly.