How can an attorney in San Francisco, California protect me from employment discrimination?
First of all, it is important to know that Equal Employment Opportunity (EEO) laws protect disabled employees from discrimination, sexual harassment, retaliation, and other illegal actions by employers. Employer conduct is regulated by the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA), the Rehabilitation Act of 1973, the Pregnancy Discrimination Act, and many other state and local laws.
Different laws and procedures will apply to EEO complaints depending on the type of employer involved (e.g., the federal government, the state government, the District of Columbia government, or the private sector). Our attorneys can help you ensure that these laws are complied with and that your rights as a worker are respected. If not, we can help you file a claim to demand that your rights be respected or to claim compensation for the violation of those rights as an employee.
A common thread for all employees and job applicants, regardless of their type of employment, is that they are protected by laws against unlawful discrimination and/or harassment in the workplace. In addition, the U.S. Equal Employment Opportunity Commission (EEOC) is an independent federal agency responsible for enforcing federal laws against discrimination in the workplace and investigating allegations of discrimination based on the following:
- Age discrimination at work
- Disability discrimination at work
- Equal pay/compensation discrimination at work
- Ethnic discrimination at work
- Gender (sex) discrimination at work
- Genetic discrimination at work
- Hostile work environment at work
- National Origin discrimination at work
- Pregnancy Discrimination in the workplace
- Race/color discrimination at work
- Religious discrimination at work
- Retaliation in the workplace
- Sexual harassment at work
- Sexual orientation discrimination at work
Often, state and local EEO organizations provide similar and even additional protections for employees against other forms of discrimination or unfair treatment by employers, so it is important to consult with a Employment Law attorney in San Francisco or throughout the San Francisco Bay Area, including Oakland and all of Alameda and Contra Costa counties, California, as soon as possible to discuss the facts involved in your particular situation. The specific laws that would apply if you decide to file an EEO complaint against your employer and the EEO complaint process appropriate for your case.
This sounds complicated, and many workers do not file complaints because it is a complex process, they are afraid of losing their jobs, or they are afraid of retaliation. Actually, the best way to stop employment discrimination is by talking to an attorney. It is illegal for them to retaliate against you once you file a lawsuit; it would be much worse for the company or employer. Our job is to enforce the law above all else by defending the employment rights of all workers and ensuring that discrimination is punished.
Federal employees
Federal employees have specific rights when filing a complaint for discrimination, harassment, or retaliation. Generally, federal employees usually have a brief period, typically 45 days, to notify their agency’s EEO Counseling Department about potential complaints of discrimination, harassment, or retaliation. If you are a federal employee and have questions about employment discrimination, you can contact our attorneys for a free consultation by calling (888)442-2642.
In cases involving federal employees, once the EEO complaint process begins, the issues involved are referred to an EEO investigator and eventually investigated by the Agency. In some federal agencies, prior to filing a formal EEO complaint, the opportunity to mediate or resolve a federal employee’s particular issues is sometimes available. These efforts are often part of an agency’s alternative dispute resolution (ADR) program. If mediation is not available or is unsuccessful, the investigation of the formal EEO complaint continues.
Once an EEO investigator is assigned, they will typically interview individuals, obtain sworn affidavits or other sworn statements, in addition to other potential evidence for the Agency to make a determination on the individual’s formal EEO complaint. After these investigations, which often take 180 days or more, and unless an early settlement or resolution of the case is reached, the EEO investigator completes their Final Investigative Report (usually referred to as ROI) and submits it to the Agency and the Plaintiff for review.
If the Agency does not resolve the issues in the formal EEO complaint, the employee has the right to elect a hearing before an administrative law judge employed by the EEOC or to seek a Final Agency Decision (FAD) from their Agency based on the formal EEO complaint. The procedures and timeframes associated with filing an EEO complaint can involve complex legal issues, so federal employees are urged to obtain an attorney early in the EEO complaint process.
Employees of private companies
Employees of private firms and companies are protected by many of the same rights as federal employees (e.g., the Civil Rights Act, ADEA, etc.) and sometimes by state laws that may even provide greater protection. With private sector employees, an attorney will need to assess whether to initiate the EEO process with local or state organizations (e.g., the D.C. Office of Human Rights, the Virginia Division of Human Rights under the Virginia Human Rights Act) that enforce employee protection laws or procedures, or possibly request an investigation by filing a complaint with the EEOC for discrimination, harassment, and retaliation.
Once the appropriate forum for investigation is determined, an EEO complaint is filed, and an attorney typically requests an investigation on behalf of the employee, either with the EEOC or with the state or local organization where the complaint was filed. The EEOC or local EEO organization then investigates the complaint to determine whether to take action against the employer. If the EEOC or the state or local EEO organization where the complaint was filed does not take action, a right-to-sue letter is usually issued (more generally with the EEOC, given the different local and state procedures), and the employee will then be able to pursue their case in court or through other administrative tribunals.
Public Sector Employees
Public sector employees are individuals employed by city (e.g., the District of Columbia) or state (e.g., Maryland, Virginia) agencies and often have rights covered by state laws that are unique to their jurisdiction. Generally, each state or locality has its own deadlines and procedures for filing discrimination complaints. Many times, there are short deadlines for notifying public agencies of an employee’s claims and requesting internal advice. Our attorneys are well-versed in the different areas of law that protect public sector employees from unlawful discrimination, harassment, and retaliation. Each jurisdiction is different in handling public employee matters; therefore, our firm can determine the best forum in which to file a complaint of discrimination, harassment, or retaliation by a public sector employee.
Our Employment rights attorneys can help you
Contact the attorneys for workers 24/7 in San Francisco, California to schedule a consultation with an attorney to discuss your particular matter in detail. Our firm represents employees in the federal, public, and private sectors involving allegations of discrimination, harassment, or retaliation before administrative law judges or in the courts. Throughout the process, our attorneys assess the potential of a client’s case for resolution or settlement.
We represent employees at the initial complaint stage, during investigations, before EEOC administrative law judges, and in court. Additionally, we aim to determine the best course of action so our clients can make an informed decision on how to proceed with their EEO case. If you need legal assistance with employment discrimination, call our employment law attorneys in the San Francisco Bay Area at (888)442-2642. We speak Spanish and answer your call 24/7.
Where We Serve
We represent workers in San Francisco, Oakland, Berkeley, Hayward, San Mateo County, and throughout the region.
Need help today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
What is Equal Employment Opportunity (EEO) and how does it protect me?
Equal Employment Opportunity (EEO) is the legal principle that all employees and candidates must be evaluated based on their qualifications and performance — not on personal characteristics such as race, gender, age, religion, disability, or national origin. In California, the FEHA Act and federal EEO laws prohibit discrimination in all aspects of employment: hiring, promotions, compensation, assignments, and termination. The Equal Employment Opportunity Commission (EEOC) is the federal agency that enforces these laws. In California, the Civil Rights Department (CRD) has equivalent state jurisdiction. Call 1-888-442-2642.
What is the difference between filing with the EEOC and the California CRD?
The EEOC is the federal agency that enforces federal EEO laws (Title VII, ADEA, ADA). The California CRD enforces the state’s FEHA Act, which in many aspects is more protective: it covers smaller employers (5+ employees vs. 15+ for EEOC), offers uncapped emotional distress damages, and has longer deadlines (3 years vs. 300 days for EEOC). For most workers in California, filing with the CRD is strategically more advantageous. However, in some cases, it may be advisable to file with both simultaneously. An employment attorney can determine the best strategy. Call 1-888-442-2642.
What types of discrimination violate EEO laws?
Federal and state EEO laws prohibit discrimination based on: race and color, religion, sex/gender (including sexual harassment and pregnancy discrimination), national origin and language, age (40+ years under ADEA), physical or mental disability, genetic information, sexual orientation and gender identity (under California’s FEHA), and marital status (under FEHA). Discrimination can be direct — evident differential treatment — or disparate impact — neutral policies that disproportionately affect protected groups. Call 1-888-442-2642.
How long do I have to file an EEO complaint in California?
With the California CRD: 3 years from the most recent discriminatory act. With the federal EEOC: 300 days. These deadlines apply in San Francisco just as they do anywhere else in the state. Act quickly — evidence is fresher, and you preserve all your options. If you file with the CRD, the agency automatically coordinates with the EEOC. An attorney can help you determine the best forum and time to file. Call 1-888-442-2642.
Can the EEOC take my case to court?
Yes, but it is rare. The EEOC takes only a small fraction of the cases it receives to court — generally those with greater public importance or affecting many workers. In most cases, the EEOC investigates and may attempt conciliation between the parties. If it does not resolve the case, it issues a ‘Right to Sue’ letter, allowing you to file your own civil lawsuit. An employment attorney can represent you both in the EEOC process and in the subsequent civil lawsuit. Call 1-888-442-2642.
Can my employer retaliate against me for contacting an employment attorney?
No. Seeking legal advice is a protected right. If your employer fires you, reduces your hours, or takes any negative action because you contacted an attorney or filed a complaint, that is illegal retaliation — an additional violation that can add significant compensation to your case. Read about employment retaliation in California. Call 1-888-442-2642.
Do I have to go to court to resolve my case?
Not necessarily. Most employment cases — including discrimination, wage theft, and sexual harassment — are resolved through negotiation or mediation without going to trial. However, Liberation Law Group is fully prepared to litigate if the employer does not offer fair compensation. A willingness to go to trial often motivates employers to make more reasonable settlement offers. The entire process can take anywhere from a few months to 2-3 years, depending on complexity. Call 1-888-442-2642.
Do undocumented workers have the same rights?
Yes. California Government Code § 7285 guarantees that all labor protections apply to all workers regardless of their immigration status. This includes minimum wage, overtime, protection against discrimination and harassment, and workers’ compensation. Your employer cannot use your immigration status to silence you — threatening with ICE as retaliation is a serious additional violation. We handle all cases with complete confidentiality. Call 1-888-442-2642.
What documents do I need to start my case?
You don’t need perfect documents to start. Useful but not indispensable: pay stubs, time records, emails from your supervisor, employment contracts, and witness names. If you have nothing, your testimony and the legal discovery process can obtain the necessary evidence from the employer. What is urgent is to act quickly before deadlines expire. Call 1-888-442-2642 today — the consultation is free.
Does Liberation Law Group serve clients in Spanish?
Yes — it’s our main specialty. Attorney Arlo Uriarte and our entire team of paralegals are fully bilingual in Spanish and English. The entire process can be done in Spanish without translators or intermediaries. We serve workers from the Hispanic community in San Francisco, Oakland, San Jose, Sonoma County, Marin, Napa, Vallejo, Solano, Monterey, Watsonville, and throughout the region. Call 1-888-442-2642.
How do I contact Liberation Law Group?
Call 1-888-442-2642 — available 24 hours, 7 days a week, in Spanish. You can also complete our free consultation form. Our office is at 2760 Mission Street, 2nd Floor, San Francisco — accessible by MUNI and BART. We also offer consultations by phone and video call for workers throughout the region. The initial consultation is completely free and without obligation.
Call 1-888-442-2642 or complete our free form. Attorney Arlo Uriarte is ready — in English or Spanish, at no cost, 24/7.
Liberation Law Group — Attorneys for Workers 24/7
2760 Mission Street, 2nd Floor, San Francisco, CA 94110
1-888-442-2642
Free Consultation in English or Spanish — No Obligation — No Fee Until We Win
