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. <\/p>\n
The law prohibits harassment or other discrimination based on:<\/p>\n
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<\/u><\/a>, 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. <\/p>\n Federal and California state laws are very clear. With or without papers, if you\u2019re working, you have rights, and our attorneys can explain what they are and seek compensation for the abuse or discrimination you\u2019re experiencing at no cost if you call (888)442-2642 or fill out our contact form.<\/u><\/a> <\/p>\n An employer or company may violate employment laws in California as long as:<\/p>\n 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\u2019s race,<\/u><\/a> 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\u2019s race, color, or origin.<\/p>\n Employers are prohibited from discriminating on the grounds of gender or sex<\/u><\/a> of an employee when paying wages<\/u><\/a>. 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: <\/p>\n The Laws against age discrimination<\/u><\/a> in employment protect workers over 40 years of age from discrimination in the workplace. Under California employment law, they are prohibited from: <\/p>\n The Rehabilitation Act of the State of California prohibits employment discrimination<\/u><\/a> of qualified individuals due to a disability. This applies to both private and government positions. Acts of disability discrimination<\/u><\/a> may include: <\/p>\n The discrimination based on a person’s religious beliefs<\/u><\/a> 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. <\/p>\n 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<\/u><\/a> in the workplace, the law prohibits employers from firing, demoting, harassing, denying promotions, altering benefits, or changing job assignments in retaliation. <\/p>\n Victims of discrimination may be entitled to:<\/p>\n 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. <\/p>\n A workplace discrimination claim must be filed within 300 days of the alleged discriminatory act, so don\u2019t 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\u2019 discrimination attorney, or complete our form<\/u><\/a> 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. <\/p>\n We represent construction workers in San Jose, Santa Clara, Sunnyvale, Campbell, Solano County<\/a>, Sonoma County<\/a>, and throughout the region.<\/p>\n Do you need an employment lawyer today?<\/p>\n Attorney Arlo Uriarte<\/strong> can evaluate your case \u2014 free, in Spanish. 1-888-442-2642<\/strong> \u2014 free consultation here<\/a>.<\/p>\n<\/div>\n 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\u2019s FEHA. Call 1-888-442-2642<\/strong>. <\/p>\n<\/p><\/div>\n If the project is funded with public money\u2014projects by the City of San Jose, Santa Clara County, the State of California, or federal projects\u2014yes. Prevailing wage in Santa Clara County for construction workers can be $40 to $80+ per hour depending on the trade\u2014significantly more than minimum wage. If you\u2019re 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<\/strong>. <\/p>\n<\/p><\/div>\n 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\u2019s a clue. If you\u2019re not sure, call 1-888-442-2642<\/strong>\u2014we can look into it. <\/p>\n<\/p><\/div>\n Yes, and it\u2019s very common. Under California\u2019s AB 5 law, if the contractor or subcontractor controls your schedule, your tools, and how you do your work, you\u2019re probably an employee\u2014not a contractor. Misclassification deprives you of overtime, workers\u2019 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<\/a>. Call 1-888-442-2642<\/strong>. <\/p>\n<\/p><\/div>\n Talk to an attorney before accepting that answer. If you\u2019re actually an employee under AB 5, the company has workers\u2019 compensation and you\u2019re 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 additional claims outside employment law worth asking about. Don\u2019t sign any documents from the insurer or the employer without speaking with an attorney. Call 1-888-442-2642<\/strong>. <\/p>\n<\/p><\/div>\n 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<\/strong>. <\/p>\n<\/p><\/div>\n It depends on the type and duration of the discrimination. Pay differences of $5\u2013$15 per hour over 2\u20133 years can add up to $30,000\u2013$100,000+. If prevailing wage wasn\u2019t paid, the numbers can be higher. If there\u2019s 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<\/strong>. <\/p>\n<\/p><\/div>\n 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<\/strong>. <\/p>\n<\/p><\/div>\n<\/div>\n Call 1-888-442-2642<\/strong> or complete our free form<\/a>. Attorney Arlo Uriarte<\/strong> is ready \u2014 in English or Spanish, at no cost. <\/p>\n Liberation Law Group \u2014 Attorneys for Workers<\/p>\n 2760 Mission Street 2nd floor, San Francisco, CA 94110<\/p>\n 1-888-442-2642<\/strong><\/p>\nFrequently asked questions from our clients who work for construction companies and have doubts about whether they have been victims of workplace discrimination.<\/h3>\n
Discrimination based on race, color, or national origin<\/h3>\n
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Gender or sex discrimination<\/h3>\n
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Age Discrimination<\/h3>\n
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Discrimination based on disability<\/h3>\n
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Religious discrimination<\/h3>\n
How can a Employment Law attorney protect me from retaliation?<\/h3>\n
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What are the steps I should take to file a complaint for discrimination in my job?<\/h3>\n
How long do I have to file a lawsuit for workplace discrimination?<\/h3>\n
Where We Serve<\/h2>\n
Frequently Asked Questions<\/h2>\n
What types of discrimination are most common in construction in San Jose?<\/h3>\n
Am I entitled to prevailing wage on construction projects in San Jose?<\/h3>\n
How do I know if the project where I work is public?<\/h3>\n
Can a subcontractor in San Jose misclassify me as a contractor?<\/h3>\n
What should I do if I got injured at a construction site in San Jose and they say I\u2019m a contractor?<\/h3>\n
How long do I have to file a discrimination claim in construction in San Jose?<\/h3>\n
How much could a construction discrimination case in San Jose be worth?<\/h3>\n
Does Liberation Law Group represent construction workers in San Jose?<\/h3>\n