- Sexual Harassment
- Age Discrimination
- Disability Discrimination
- Gender Discrimination
- Racial Discrimination
- Wrongful Termination
- Wages & Overtime
Harassment in the Workplace
In California, workplace harassment is a form of discrimination when it is based on your race, gender, national origin, age, disability, perceived disability, record of a disability, religion, sexual orientation, or retaliation for a prior complaint of unlawful activity. Depending on the facts of your particular situation, federal harassment laws may also apply.
Hostile Work Environment Harassment Definition
When workplace harassment is so frequent (or severe) that it fundamentally alters your work environment and turns it into an abusive workplace, this is called "hostile work environment harassment." For example, if anyone at work routinely makes unwanted and offensive racial or sexual comments, "jokes" or advances to you or to others, or touches you in an inappropriate way, or does any combination of these things, you could potentially have a strong claim for workplace harassment.
Generally speaking, a single comment or incident of harassment cannot create a hostile work environment, unless it is so extreme that it shocks the judge or jury - for example, a workplace rape or other violent sexual assault. For advice on whether or not you have experienced a legally-recognized "hostile work environment," please call, text or email us for a free and confidential consultation.
Quid Pro Quo Harassment Definition
A less common form of harassment occurs when a manager tells a subordinate that he or she will receive favorable treatment (or avoid unfavorable treatment) if he or she complies with an improper request. For example, if your boss offers you a promotion in exchange for sexual favors, this is a form of "quid pro quo harassment." Loosely translated, "quid pro quo" is Latin for "something given or received for something else."
If you have experienced either form of harassment, it is important to follow your company's procedures for making a complaint. For assistance making a complaint, please contact Workers' Counsel at your convenience.
Whether or not you have already filed a complaint, please contact Workers' Counsel immediately if you believe you were subjected to illegal harassment at work. Please be mindful of your deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or, if your situation arose in California, with the California Department of Fair Employment and Housing (DFEH).
Discrimination in the Workplace
You may have a case involving unlawful workplace discrimination if you believe you are being treated unfairly at work based on your race, gender, national origin, disability, perceived disability, record of a disability, age, religion, or sexual orientation. These forms of job discrimination are all prohibited by California's Fair Employment and Housing Act ("FEHA"), and all but sexual orientation are also covered by the Federal counterpart, Title VII of the Civil Rights Act ("Title VII").
In order to prove discrimination, an employee does not necessarily need to have direct evidence of his or her employer's discriminatory motives. In general, discrimination may be proved by creating an inference of discrimination. To do this, the employee must show that he or she was treated differently than a similarly-situated employee because of his or her race, sex, age, disability, sexual orientation, etc.
For example, imagine that you and another person of a different race applied for the same job. You were more qualified, but the other person was hired instead of you. In this situation, you may be able to prove discrimination if the employer cannot articulate a legitimate, non-discriminatory reason for hiring the other person, or if you can prove that the employer's stated reason for not hiring you was false.
Some employers intentionally treat entire groups of people differently because of their race, sex, nationality, etc. This type of discrimination is referred to as "disparate treatment." Other employers have policies that are neutral on paper, but which discriminate when applied in practice - say, by making it harder for employees over 40 to qualify for a promotion than it is for their younger counterparts. This type of discrimination is referred to as "disparate impact."
If you believe you were subjected to any of these types of job discrimination, please contact Workers' Counsel immediately to receive a lawyer's advice for free. Please be mindful of your deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or, if your situation arose in California, with the California Department of Fair Employment and Housing (DFEH).
Retaliation
In California, the law protects you from retaliation if you oppose employment discrimination, file a complaint of discrimination, or participate in an investigation of someone else's claim (even if the claim is not yours).
If an employee suffers a negative consequence after complaining to his or her employer about discrimination, harassment, or other unlawful activities, he or she may have a claim for workplace retaliation. To prevail on a claim of retaliation, an employee does not need to prove the underlying discrimination, harassment, or the other unlawful activities. The employee only needs to have had a reasonable basis for making the complaint.
The employee also has to show that he or she complained, and that a negative action was taken against him or her following the complaint. For example, a negative performance review, a demotion, a termination, or various forms of intimidation in an effort to discourage future complaints. To show that the employer was motivated by a desire to retaliate, the employee has to show that the person responsible for the retaliation was aware of the complaint at the time he or she retaliated.
If you believe you were subjected to retaliation, please contact Workers' Counsel immediately. Please be mindful of your deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or, if your situation arose in California, with the California Department of Fair Employment and Housing (DFEH).
Disability
If your employer retaliated against you for taking an authorized medical leave, please contact Workers' Counsel immediately for a free and confidential consultation.
If you suffer from a disability or other impairment which substantially limits you in one or more major life activities (seeing, hearing, walking, breathing, eating, social interaction, taking care of yourself, having children, etc.), you may be entitled to a reasonable accommodation in your workplace. In general, you must be able to perform the essential functions of your job – with or without a reasonable accommodation. So, if you need help to perform these functions, you should request an accommodation. The accommodation you need must not pose an undue hardship for the employer – for example, if you are a receptionist and an essential function of your job is to greet guests at your workplace, you probably cannot be accommodated by asking to spend most of the work week working from home. On the other hand, if you perform most of your work from your office on your phone and computer, then working from home as an accommodation might be reasonable.
If you believe you were denied a reasonable accommodation, or you need a lawyer's advice in requesting one from your employer, please contact Workers' Counsel immediately. Please be mindful of your deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or, if your situation arose in California, with the California Department of Fair Employment and Housing (DFEH).
Wrongful Termination
If you believe you were wrongfully terminated, please contact Workers' Counsel immediately for a free and confidential consultation about your legal rights and options.. Please act quickly and be mindful of your deadline to file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) and/or, if your situation arose in California, with the California Department of Fair Employment and Housing (DFEH).
If you were retaliated against for taking a medical leave, or if you suffered a negative consequence after complaining to your employer about discrimination, sexual harassment, or other unlawful activities, you may have a wrongful termination claim that you should discuss with an employment lawyer.
Worried that you can't afford a lawyer? Actually, you can.
Unlike many lawyers and law firms, Workers' Counsel does not require any payment until after you win. If you recover a monetary judgment or settlement, Workers' Counsel will typically receive an agreed upon percentage of your recovery. If for any reason you recover nothing, you will owe Workers' Counsel nothing and the firm will pay its own attorneys' fees and costs. This "contingent fee" arrangement allows Workers' Counsel to represent many people who otherwise could not afford the services of a qualified attorney. The first step is to call, text or send an email for a free and confidential consultation. Speaking to a qualified employment lawyer is the only way to truly educate yourself about your legal rights and options, and what happens after your free consultation is entirely up to you. If you wish to move forward, an attorney can start working on your case immediately and without any payment up front. If you wish to wait, or if you choose not to pursue your claims, rest assured that everything you say will be kept confidential to the fullest extent allowed by law. You have nothing to lose but a few minutes of your time.








