San Francisco Discrimination Attorney

San Francisco Discrimination Attorney

San Francisco Discrimination Attorney

Discrimination is part of everyday life. When you choose this wine over that wine or this dress over that suit, you are discriminating. However, there are classes of people protected from discrimination by federal, state, and even local law in the employment context. If you believe that someone has engaged in this kind of discrimination against you at work, it’s time to contact a San Francisco discrimination attorney.

What Is Illegal Discrimination?

We usually define illegal discrimination as being treated differently than others in the same situation due to possessing a protected characteristic. “Due to” in this situation means that the protected characteristic was itself a motivating factor in the discrimination. 

What Are the Major Targets of Discrimination?

While every state, many cities, and the federal government all have slightly different protected classes, the most common kinds of discrimination involve these protected groups:

  • Race
  • National origin or ancestry
  • Religion or creed or lack of religion
  • Color or ethnic background
  • Age (40+)
  • Sexual orientation 
  • Gender identity (including any form of transitioning)
  • Disability or perceived disability
  • Pregnancy
  • Genetic information
  • Citizenship
  • Marital or family status

What Are the Four Kinds or Methods of Discrimination?

Direct discrimination occurs when someone mistreats a person because they have or appear to have a protected characteristic. Such mistreatment can include refusal to hire, denial of benefits, or termination due to the protected characteristic.

Direct discrimination can also occur when people discriminate against individuals because of someone they associate with who has the protected characteristic (direct discrimination by association). Finally, direct discrimination can occur when you are treated differently because someone believes you have a protected characteristic. In this last case, it does not matter if you do possess the characteristic; it is the belief that you do that matters.  

Indirect discrimination is hard to identify and typically is not even intentional. It is similar to a disparate impact claim against a statute and occurs when a company’s policy or practice involves all of the following:

  • Rule or practice is applied equally to a group, only some of whom belong to the protected class
  • It has the effect of putting the protected individuals at a disadvantage
  • You are among those who will be disadvantaged
  • Your employer cannot objectively justify the practice

Harassment is generally unwanted conduct related to a protected characteristic. The most familiar form is sexual harassment. It can also include bullying and other similar behaviors. Harassment is one of the most common forms of discrimination in the workplace.

Retaliation occurs when an individual is retaliated against or suffers a detriment because they may have or did in good faith:

  • Allege discrimination
  • Support someone’s discrimination complaint
  • Testify about a complaint

Contact a San Francisco Discrimination Attorney Today

If you believe you have been the target of discrimination in your employment in the Bay Area, you should contact discrimination lawyer Bryan Schwartz as soon as possible. Remember, in many discrimination cases, the rules are highly technical, and your window for filing a complaint can be relatively short. 

Contact us for an initial consultation and case evaluation, or call us at 888-891-8489. Let us help you deal with your discrimination problem. 

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Bryan Schwartz Law, P.C. is also one of the few Bay Area-based law firms with extensive experience representing Federal employees in their unique Merit Systems Protection Board and Equal Employment Opportunity Commission complaints.