Have you been discriminated against in your construction job?
In the state of California, Employment Laws prohibit a worker from being discriminated against based on race, color, religion, sex, nationality, disability, or age. Not only state laws but also federal laws prohibit discrimination in the workplace, when hiring a worker, when firing a worker, when assigning tasks or jobs, when offering promotions or advancements in positions, and benefits. If a company’s employment policy has a negative impact on the development of an employee’s or a group of employees’ job function, it may become illegal even if necessary for the company to function.
The law prohibits harassment or other discrimination based on:
- Affiliation. That is, joining a particular religious group.
- Physical or cultural traits. For example, accent, language, or clothing related to religion.
- Perception or the mere belief that an employee or potential employee is a member of a particular religious group.
- Association or towards a relationship or connection with a person or organization of a particular religion.
- Employer retaliation
Have you been discriminated against in your construction job in San Jose, California?
If you suspect that you have been discriminated against in your construction job, you should consult with our Employment Law attorneys in the San Jose and San Francisco, California area, so that our attorneys for workers can evaluate your case. You may be entitled to compensation if your rights are being abused in your construction job.
Federal and California state laws are very clear. With or without papers, if you’re working, you have rights, and our attorneys can explain what they are and seek compensation for the abuse or discrimination you’re experiencing at no cost if you call (888)442-2642 or fill out our contact form.
Frequently asked questions from our clients who work for construction companies and have doubts about whether they have been victims of workplace discrimination.
Discrimination based on race, color, or national origin
An employer or company may violate employment laws in California as long as:
Fails or refuses to hire or discharges any individual or otherwise discriminates against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual’s race, color, or origin. Limits, segregates, or classifies his employees (or applicants for employment) in any way that would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, or origin.
- They may not publish notices or advertisements for employment indicating a preference or prohibition of a particular race. Any company or organization that receives federal financial assistance from the Department of Health and Human Services may not, on grounds of race, color, or origin, deny or alter the services or benefits provided to other employees.
- Use administrative methods that subject employees to discrimination.
- They may not select a location that excludes them or denies them benefits.
- They may not deny an employee the opportunity to participate in a planning meeting, should the occasion arise.
Gender or sex discrimination
Employers are prohibited from discriminating on the grounds of gender or sex of an employee when paying wages. It is illegal for employees of different sexes, with the same skills and experience, to be denied equal compensation for performing the same job in the same establishment. However, sex discrimination is not limited to equal pay. Some other examples of gender or sex discrimination include:
- Hiring
- Dismissal
- Promotion
- Classification of the job associated with a salary increase
- Benefits
- Development opportunities
Age Discrimination
The Laws against age discrimination in employment protect workers over 40 years of age from discrimination in the workplace. Under California employment law, they are prohibited from:
- Refusing to hire or fire an employee because of their age
- Offering different compensation, terms, or conditions of employment because of age.
- Limiting, segregating, or classifying an employee in a way that negatively affects their employment opportunities because of their age.
- Employers and employment agencies may not fail or refuse to refer a person for employment based on their age.
Discrimination based on disability
The Rehabilitation Act of the State of California prohibits employment discrimination of qualified individuals due to a disability. This applies to both private and government positions. Acts of disability discrimination may include:
- Denying equal aid, benefits, or services for all employees
- Refusing to reasonably adapt the work environment for all employees
- Refusing to provide assistance to employees
- Imposing eligibility criteria that exclude people with disabilities, unless it is vital to the performance of the position.
- Administering programs, services, and activities that do not meet the needs of qualified individuals with disabilities.
Religious discrimination
The discrimination based on a person’s religious beliefs is illegal. Religion is broadly defined to include moral or ethical beliefs about what is right or wrong that are sincerely held with the strength of traditional religious views. The law requires employers to accommodate an employee’s religious practices unless doing so would create an undue hardship for the business. The law aims to protect employees from intimidation, abusive ridicule, insults, or defamation and ensure a safe working environment.
How can a Employment Law attorney protect me from retaliation?
To protect your job from discrimination, filing a lawsuit is one of the best ways. Employees who file lawsuits against the company are automatically protected against retaliation by the employer. If an employee files a lawsuit or complaint for racial discrimination in the workplace, the law prohibits employers from firing, demoting, harassing, denying promotions, altering benefits, or changing job assignments in retaliation.
Victims of discrimination may be entitled to:
- Reinstatement and job promotion
- Payments for lost wages
- Payments for economic damages
- Prevention measures to avoid discrimination
- Payment of our attorneys’ fees that will help you file a lawsuit
What are the steps I should take to file a complaint for discrimination in my job?
The first thing you should do is complain to your employer about the problem. Then file a formal complaint with the Equal Employment Opportunity Commission. Our attorneys can help you. The idea is to reach an agreement between the employee and the employer and be able to reach a solution to the problem. Obviously, the first case is that the employer is aware of what is happening. If the case cannot be resolved, our attorneys can help you initiate a civil lawsuit on your behalf against the employer or company.
How long do I have to file a lawsuit for workplace discrimination?
A workplace discrimination claim must be filed within 300 days of the alleged discriminatory act, so don’t hesitate to contact one of our employment and employment law attorneys in San Jose and San Francisco, California. If you have been or are being discriminated against at your construction job, call us at (888)442-2642 for your consultation with a workers’ discrimination attorney 24/7, or complete our form for a free, no-obligation consultation. Our employment and employment law attorneys can help you file a claim to seek compensation for workplace discrimination in San Rafael, Berkeley, Richmond, San Leandro, Union City, Oakland, San Jose, San Francisco, Sacramento, Pleasanton, Palo Alto, San Mateo, Redwood City, Concord, Walnut Creek, Vallejo, and Fairfield, California.
Where We Serve
We represent construction workers in San Jose, Santa Clara, Sunnyvale, Campbell, Solano County, Sonoma County, and throughout the region.
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
What types of discrimination are most common in construction in San Jose?
At construction sites in Silicon Valley and San Jose, we often see: racial discrimination where Hispanic workers are assigned the most dangerous jobs while others do better-paid administrative work; pay differences based on national origin for the same work; denying supervisory positions to experienced Hispanic workers to give them to Anglo candidates with less experience; and verbal harassment by foremen using discriminatory language. All of this violates California’s FEHA. Call 1-888-442-2642.
Am I entitled to prevailing wage on construction projects in San Jose?
If the project is funded with public money—projects by the City of San Jose, Santa Clara County, the State of California, or federal projects—yes. Prevailing wage in Santa Clara County for construction workers can be $40 to $80+ per hour depending on the trade—significantly more than minimum wage. If you’re paid less than prevailing wage on a public project in San Jose, you can claim the difference for up to 3 years. Call 1-888-442-2642.
How do I know if the project where I work is public?
Public projects generally include infrastructure work (roads, bridges, government buildings), school and university projects, public hospitals, and affordable housing projects with public funding. Your supervisor or the general contractor should know whether the project has prevailing wage requirements. If you see signs for a “Project Labor Agreement” or references to “prevailing wage” on site, that’s a clue. If you’re not sure, call 1-888-442-2642—we can look into it.
Can a subcontractor in San Jose misclassify me as a contractor?
Yes, and it’s very common. Under California’s AB 5 law, if the contractor or subcontractor controls your schedule, your tools, and how you do your work, you’re probably an employee—not a contractor. Misclassification deprives you of overtime, workers’ comp if you get injured, unemployment insurance, and prevailing wage if it applies. In Silicon Valley, this is especially common on projects where general contractors subcontract work to companies that then treat their workers as independent contractors. Read about misclassification lawsuits. Call 1-888-442-2642.
What should I do if I got injured at a construction site in San Jose and they say I’m a contractor?
Talk to an attorney before accepting that answer. If you’re actually an employee under AB 5, the company has workers’ compensation and you’re eligible regardless of how they classified you. Also, if the injury was caused by unsafe conditions the employer or the project owner should have fixed, there may be an additional personal injury claim. Don’t sign any documents from the insurer or the employer without speaking with an attorney. Call 1-888-442-2642.
How long do I have to file a discrimination claim in construction in San Jose?
For discrimination under California FEHA: 3 years from the most recent act. For wage theft: 3 years (4 under the UCL). For PAGA actions: 1 year. These deadlines apply in San Jose just like anywhere else in the state. Act quickly. Call 1-888-442-2642.
How much could a construction discrimination case in San Jose be worth?
It depends on the type and duration of the discrimination. Pay differences of $5–$15 per hour over 2–3 years can add up to $30,000–$100,000+. If prevailing wage wasn’t paid, the numbers can be higher. If there’s racial discrimination with documented emotional distress damages, the value of the case increases significantly. For construction sites in Silicon Valley where wages are high, claims can be especially valuable. Call 1-888-442-2642.
Does Liberation Law Group represent construction workers in San Jose?
Yes. We represent construction workers in San Jose, Santa Clara, Sunnyvale, Campbell, Cupertino, Morgan Hill, and throughout Santa Clara County. The same protections apply here as in San Francisco. 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
