Frequently Asked Questions

Discrimination occurs in a workplace setting when an employer treats an employee or job applicant unfairly based on their gender, race, age or other protected characteristics as defined by federal and California state laws. This can happen during hiring, promotions, pay decisions or terminations. Discrimination claims can proceed even without direct evidence, often relying on patterns of unfair treatment compared to peers.

Gender discrimination involves unfavorable treatment based on gender or gender identity. Examples include unequal pay for the same work, being denied a promotion in favor of less qualified colleagues or inappropriate comments about gender. If you suspect gender discrimination, document specific instances and consider reaching out to experienced legal counsel for guidance.

Sexual harassment encompasses unwelcome sexual advances and inappropriate requests for sexual favors, as well any physical or verbal harassment of a sexual nature that creates an intimidating or hostile work environment. This can range from explicit comments and offensive jokes to inappropriate touching. Quid pro quo harassment, where one’s employment is contingent on fulfilling sexual demands, is also unlawful.

A hostile work environment arises when discriminatory or harassing behavior becomes so severe or pervasive that it disrupts an employee’s ability to perform their job effectively. This environment may consist of offensive jokes, slurs, threats or demeaning comments that target a protected characteristic. Employers must discourage and address such conditions.

It is unlawful for employers to retaliate against employees who report discrimination, harassment or other unlawful workplace practices. Retaliation could include demotions, terminations or other actions that negatively affect your employment. If you believe you’ve faced retaliation, it’s important to act quickly, as deadlines for reporting these violations are often time-sensitive.

If your employer denies your reasonable accommodation for a disability or religious belief, you should first document your request and your employer’s response. Outline your needs in writing and any supporting medical or personal information. If the issue remains unresolved, you may have legal grounds to file a complaint. Legal representation can help ensure your rights under the Americans with Disabilities Act (ADA) and applicable California laws are enforced.

Proving discrimination or harassment often involves documenting evidence such as emails, text messages or witness statements. Keeping a record of when incidents happened and who was involved can strengthen your case. Legal professionals can help uncover further evidence to support your claim.

Federal and state laws offer protection from discrimination and ensure access to reasonable accommodations. Employers cannot fire, demote or otherwise penalize employees for being pregnant or needing time off for pregnancy-related conditions. You may also have the right to take unpaid, job-protected leave under the Family and Medical Leave Act (FMLA) or the California Family Rights Act (CFRA). If you believe your rights have been violated, legal assistance can help you secure fair treatment and necessary workplace adjustments.

Wage and hour disputes often involve issues like unpaid overtime or missed meal or rest breaks. To address these problems, document all hours worked and keep copies of pay stubs and correspondence with your employer. If you think your employer may have violated wage and hour laws, you may have the right to file a claim with the California Labor Commissioner or pursue further legal action. Bryan Schwartz Law, P.C. has experience assisting employees in recovering the compensation they rightfully earned.