Bay Area Discrimination Attorneys

If you believe you are being treated unfairly at work based on your race, national origin, gender, disability, perceived disability, record of a disability, age, religion, or sexual orientation, then you may have a case involving unlawful discrimination. All of these are protected classifications under the Federal statute, Title VII of the Civil Rights Act, and for workers in California, under the state’s Fair Employment and Housing Act.

Bryan Schwartz Law, P.C. is dedicated to advocating for employees facing workplace discrimination. With experience representing individuals across various industries, our firm is committed to protecting the rights of workers and combating unlawful treatment. We focus on achieving positive outcomes while promoting fairness and equity for all clients.

What Counts as Employment Discrimination Under California Law?

Under the Fair Employment and Housing Act (FEHA), employment discrimination happens when an employer makes decisions based on a protected characteristic rather than job performance or qualifications. California law safeguards workers from discrimination based on:

• Race, color, and ancestry
• Sex, gender identity, and sexual orientation
• Age (40 and over)
• Physical or mental disability
• Religion and national origin
• Pregnancy and related medical conditions

Discrimination can take many forms: termination, demotion, failure to hire, reduced pay, or unequal treatment in assignments and benefits. Direct evidence of discrimination, which can be rare in today’s workplaces, is not needed to prove discrimination. In many cases, creating an inference of discrimination may be enough to prove your claim. This may require showing evidence that you are similarly situated to another employee who received more favorable treatment than you. For example, imagine you and another individual applied for the same job, and you were the more qualified candidate, but the other individual (who is not of the same race, sex, national origin, etc.) was hired. In that case, you may be able to prove discrimination if the employer can not articulate a legitimate, non-discriminatory reason for their hiring decision, or if you are able to show that the employer’s stated reason for not hiring you was false.

About Our Firm

Bryan Schwartz Law, P.C. is a civil rights and employment law firm that exclusively represents workers. Our firm has litigated individual and class action cases nationwide, recovering tens of millions of dollars for tens of thousands of employees. We’ve won landmark discrimination verdicts, including a $37.5 million discrimination settlement, and are one of the few Bay Area firms with deep experience representing federal employees before the Merit Systems Protection Board and Equal Employment Opportunity Commission (EEOC).

Who We Represent in Discrimination Cases

We advocate for the rights of employees facing unlawful treatment in the workplace. Our dedicated team represents individuals across a broad spectrum of discrimination cases, including:

• Applicants and Employees Denied Fair Job Opportunities. Someone believes a protected trait influenced an interview, hiring decision, job offer, promotion, training opportunity, assignment, schedule, benefit, referral, or path to advancement.
• Employees Denied Equal Pay or Advancement Due to a Protected Trait. An employee believes race, sex, disability, age, religion, national origin, or another protected characteristic unfairly affected their pay, bonus, overtime access, benefits, raise, promotion, leadership opportunity, or shift assignment.
• Workers Fired, Demoted, or Disciplined Because of a Protected Trait. An employee was written up, suspended, demoted, laid off, terminated, or pressured to resign and believes colleagues outside their protected group were treated more favorably under similar circumstances.
• Workers Subjected to Discriminatory Harassment on the Job. An employee is experiencing slurs, offensive jokes, derogatory comments, threats, exclusion, intimidation or persistent mistreatment tied to a protected characteristic.
• Workers Refused a Lawful Workplace Accommodation. An employee or applicant requested a disability, pregnancy-related, or religious accommodation and believes the request was wrongfully denied, ignored, unreasonably delayed, or used as grounds for adverse treatment.

How to File an Employment Discrimination Claim in California

Filing a discrimination claim involves several steps:

1. File an intake form with the CRD: Submit online, by phone at 1-800-884-1684, or by mail. You must file with the CRD before pursuing a lawsuit in court.
2. Request a right-to-sue letter: You can request this immediately without waiting for a full investigation, which can take up to one year.
3. File a civil lawsuit: Once the right-to-sue letter is issued, you have one year to file in California Superior Court.
4. Discovery and resolution: Both sides exchange evidence. Many cases settle before reaching trial, often within six to 12 months of filing.

Under the FEHA, you have three years from the date of the discriminatory act to file a CRD complaint. Missing this window can end your claim entirely.

Available remedies include back pay, front pay, emotional distress damages, punitive damages, reinstatement, and attorney’s fees. Unlike federal law, FEHA places no cap on compensatory or punitive damages.

Why Choose Bryan Schwartz Law, P.C.?

We work hard to help workers protect their most fundamental rights to dignity and equal treatment. Partnering with our team is advantageous for several reasons:

• Proven results: Tens of millions recovered across individual and class action discrimination cases, including a $37.5 million discrimination settlement and a $7.4 million discrimination recovery.
• Workers only: Our firm represents employees exclusively, never corporations or government agencies.
• Federal employment knowledge: One of the few Bay Area firms handling federal employee complaints before the MSPB and EEOC.
• Recognized by peers: Listed among California’s top labor and employment firms by Super Lawyers, Best Lawyers, and the Daily Journal.

File Your Discrimination Claim

Employment discrimination carries real consequences: career setbacks, lost income, and lasting emotional harm. State law gives workers powerful tools to fight back, but those tools have strict deadlines. The sooner you act, the stronger your position.

Please contact Bryan Schwartz Law, P.C. if you believe you were subjected to any of these types of job discrimination and you need legal advice you can trust.

Frequently Asked Questions About Employment Discrimination in California