In the state of California, state and federal laws were created to protect workers’ rights in cases of employment discrimination. As in any lawsuit, these laws to defend workers from discrimination require that a claim or complaint be filed 180 days after the discrimination incident.
If you or someone in your family is being discriminated against or abused at work, you need to speak with a lawyer specializing in discrimination cases as soon as possible to evaluate your case. The more time you let pass, the worse it is because your company or employer’s defense may argue that you let too much time pass and therefore the discrimination case did not exist or is simply not serious because you did not complain immediately.
If you are not sure if you want to file a lawsuit, don’t worry, but call a lawyer and find out about your rights. In the state of California, if you are working, regardless of whether your situation in this country is legal or illegal, you have rights. On the other hand, cases of illegal discrimination in the workplace unfortunately often occur when a company or employer conducts a job interview, in disciplinary cases, when promoting an employee, in the event that an employee suffers a demotion or is fired.
Employers or companies that commit these illegal acts and illegally discriminate against employees could be liable for:
- Lost wages on the part of the worker
- Compensation for damages
- Compensation for punitive damages
- Responsible for the fees of the lawyers who represent the employee who files the lawsuit
Lawyers for workers 24/7 in San Francisco aggressively defend the rights of workers discriminated against at work in the following discriminatory areas:
- Sexual harassment at work
- Discrimination against a pregnant woman
- Age Discrimination
- Discrimination against a disabled worker or with some type of medical condition
- Racial discrimination, by skin color, or by nationality
- Discrimination based on religious belief
- Discrimination based on sexual orientation
Racial discrimination, by skin color, by nationality, by religious belief, or by sexual orientation:
In the state of California, it is illegal to discriminate against someone for their racial descent, skin color, religion, sexual orientation or sex, and by nationality according to Article VII of the Civil Rights Act of 1984.
The laws for these types of discrimination also address hiring, wrongful termination, non-payment of wages, promotions, task assignments, impartial benefits, and injustices at work.
Discrimination does not discriminate
Discrimination does not necessarily happen between two people or workers of different nationalities or skin color, or religion. Employment discrimination is sometimes caused by a person or co-worker or employer of the same race, color, or nationality.
As we mentioned earlier, it is illegal to harass someone at work for their race, color, or religion, sex, or sexual orientation. The different forms of discrimination or most common harassment are:
- Insults
- Derogatory comments
- Racist comments
- Offensive comments
- Offensive symbols
In the workplace, the laws do not prohibit or are difficult to prove that jokes or insults, some comments or problems that are not very serious, are acts of discrimination, when a worker is harassed it is illegal. What makes it illegal is the frequency or severity of the harassment that creates an uncomfortable environment to work and can become a situation that disadvantages the victim of harassment, such as being fired or simply not being promoted.
Harassment at work can occur by virtually anyone who works in the same company, a supplier, or even a client of the company.
Discrimination against a pregnant woman at work in San Francisco, California
Pregnancy discrimination occurs when the pregnant employee or job applicant suffers or is treated unfavorably for being pregnant.
In the state of California, the Pregnancy Discrimination Act (PDA) prohibits discrimination against pregnant workers in the workplace, this includes hiring, wrongful termination, unpaid payments, assigned tasks or projects, job promotions, etc.
In the case of a pregnant worker, if the woman is temporarily disabled due to pregnancy, she must be treated by her employer or company as a case of temporary disability. That is, she must be treated in the same way that a worker with a disability would be treated.
On the other hand, it is illegal for a pregnant woman to be harassed or discriminated against for being pregnant. If the environment is uncomfortable and the harassment is frequent and offensive or because of being pregnant, it turns out that it puts the worker in an unfavorable position, it is illegal.
Sexual Harassment at work in San Francisco, California
What does sexual harassment mean? It is illegal in California for a person to be harassed at work because of their sex. It is generally more common in this type of discrimination that women are the victims of harassment. But that does not rule out that men can also be victims, in fact there are more and more cases of sexual harassment of men every day. Sexual harassment is basically unwanted advances by the victim or the request for sexual favors, or sexual harassment can also be verbal.
This means that a person can be sexually harassed verbally with offensive comments about the sex or sexual orientation of the person being harassed. Harassment can occur between a man and a woman as well as between workers of the same sex. As we had commented before, discrimination does not discriminate.
In cases of sexual discrimination, the harasser can be the employer of the harassed, a supervisor, manager, a co-worker, a supplier, or even a client of the company.
What can you do if you are a victim of retaliation at work? Lawyers for workplace retaliation
The best thing you can do is talk to a Employment Law attorney in San Francisco, California. A company or employer cannot retaliate against an employee for filing a lawsuit or claiming harassment or employment discrimination. Retaliation can come in the form of wrongful termination, or making the work environment uncomfortable and hostile by harassing the worker who filed the lawsuit with the intention of them leaving their job, or degrading the work of the retaliation victim being unfair compared to the rest of the employees or co-workers who perform the same type of work and have the same type of responsibilities.
Claims or lawsuits are generally for:
- Pregnancy discrimination
- Sexual Harassment
- Racial Discrimination, Skin Color or Nationality
- Age Discrimination
- Religious Discrimination
- Disability Discrimination
- Claim for unpaid wages
- Claim for unpaid overtime
- Workplace Retaliation
- Unjustified dismissal
- Minimum wage claim
- For not participating in a discriminatory act against another employee
- Salary differences between men and women who perform the same job
In California, the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect workers from harassment, intimidation, and threats. If you have been a victim of retaliation at work, you should contact a Employment Law attorney as soon as possible to protect your rights and your job. The fact that you file a claim for compensation for workers discriminated against or harassed at work protects you from losing your job. You as a worker have rights and can refuse to perform illegal acts, or you have the right to report illegal acts, such as fraud or witnessing harassment or discrimination. Companies or employers that take illegal retaliation against an employee who files a lawsuit could be liable for compensation of:
- Lost wages on the part of the worker
- Damages
- Damages for suffering
- Payment of the fees of the lawyer representing the worker
What happens when I file a discrimination lawsuit at work?
If you or someone in your family has been a victim of any type of discrimination or harassment at work, your rights have been violated and you can therefore file a lawsuit. The 24/7 workers’ attorneys in San Francisco, California can help you fight for your rights, protect you from discriminatory acts and harassment, and possibly get you compensation for your suffering. For free information or to hire an attorney who defends workers’ rights, call 1(888)442-2642 or visit our website and fill out the contact form.
Steps to follow to file a discrimination lawsuit at work
If you have been discriminated against at work, you have the right to file a lawsuit. The first thing you have to do is file a discrimination charge with the Equal Employment Opportunity Commission (EEOC) within 180 days after the incident. This will notify the EEOC that there is a discrimination problem and an investigation will be opened to the company or employer.
In the event that after an investigation by the EEOC, sufficient evidence has not been found to incriminate the company or employer, this organization will communicate it to you and your employer or company. In this case, you can file a lawsuit against your employer or company under your own responsibility and cost without the support of the EEOC association.
Otherwise, if the EEOC finds during the investigation that there was discrimination or some type of illegal act, the EEOC will try to reach some type of agreement between the person who has filed the lawsuit and the employer or company. In the event that an amicable agreement cannot be reached, the EEOC lawyers and the San Francisco Department of Justice could file a lawsuit on their behalf against the employer or company. In the event that the EEOC decides not to file a lawsuit, you as a victim of employment discrimination will have the option of doing so on your own.
If you need help with a workplace problem, it’s best to consult with an attorney who can help you with an employment or employment law issue. If you work in the San Francisco, California area, call the 24/7 workers’ attorneys at (888)442-2642 for your free consultation.
All of our lawyers and legal assistants speak Spanish, and we will explain your legal options once you tell us about your problem. We serve our clients 24 hours a day, 7 days a week. Our offices are located in San Francisco, California, but we handle Employment Law cases in cities surrounding San Francisco such as Daly City, South San Francisco, San Bruno, Colma, San Mateo, Oakland, Palo Alto, Santa Clara, San Jose, Berkeley, San Rafael, and Newark, California.
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Do you need an employment lawyer today?
Attorney Arlo Uriarte can evaluate your case — free, in Spanish, 24/7. 1-888-442-2642 — free consultation here.
Frequently Asked Questions
Can an employee in SF have claims for discrimination, harassment, AND retaliation at the same time?
Yes—and it’s very common. A typical pattern: the employee suffers discrimination (different treatment based on a protected characteristic), reports the problem (internally or externally), and the employer retaliates. Each of these is an independent legal claim—and together they can create a case significantly more valuable than any of them individually. Liberation Law Group frequently handles cases with multiple combined claims. Call 1-888-442-2642.
What’s the difference between discrimination and workplace harassment in California?
Discrimination occurs when the employer takes an adverse employment action (termination, denial of promotion, reduction of hours) based on a protected characteristic. Harassment creates a hostile work environment without necessarily requiring a formal employment action—it can be a series of comments, conduct, or behaviors that make the work environment intolerable for reasons related to a protected characteristic. Both are illegal under FEHA, and they frequently coexist in the same case. Call 1-888-442-2642.
What’s the difference between legal and illegal retaliation?
Illegal workplace retaliation occurs when the employer takes an adverse employment action because the employee exercised a protected right—reported discrimination, requested medical leave, filed a wage complaint, participated in an EEOC investigation, etc. Not every negative action by the employer is illegal retaliation—if the employer has genuine and documented performance reasons independent of the report, it may not be retaliation. The key is whether the negative action is causally connected to the exercise of the protected right. Call 1-888-442-2642.
How much can a combined case of discrimination, harassment, and retaliation be worth in SF?
Cases with multiple combined claims can be worth significantly more than individual cases. Each claim adds its own compensation component: lost wages (discrimination/retaliation), emotional damages (harassment/discrimination/retaliation), possible punitive damages, and attorney’s fees paid by the employer for each successful claim. In California, where emotional damages have no cap under FEHA, the combination can be very significant. Call 1-888-442-2642 for a specific estimate.
How long do I have to file a lawsuit?
Wage theft: 3 years (4 UCL). FEHA discrimination/harassment: 3 years. PAGA: 1 year. Act soon. Call 1-888-442-2642.
How much does it cost to hire Liberation Law Group?
Nothing upfront. Contingency. We only get paid if we win. In successful cases the employer pays fees. Free consultation. Call 1-888-442-2642.
Can my employer retaliate against me?
No. Illegal retaliation adds compensation. Read about workplace retaliation. Call 1-888-442-2642.
Do undocumented workers have the same rights?
Yes. Code § 7285. Total confidentiality. No contact with agencies. Call 1-888-442-2642.
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
