San Jose Workplace Discrimination Lawyers

Finding work is hard for everyone. That doesn’t mean finding employment should be impossible or even harder than it should be. San Jose employers in California are required to play by the rules. There are federal and state rules that help ensure that people who are looking for work are hired based on their ability to do the job and not personal identity characteristics. 

Once a worker obtains a job, that worker should never be refused an opportunity for advancement, educational opportunities, or any chance to improve their job abilities – because of their personal background. San Jose employers should never fire a worker who does their job – based solely on their appearance.

At Miracle Law Group, our San Jose workplace discrimination lawyers hold employers to their legal duty to comply with the federal and state discrimination laws and regulations. We file administrative claims and court cases when employers discriminate based on your race, national origin, age, disability, or other specific identity factors. We demand that workers who suffer discrimination be hired, reinstated, and permitted to advance; that the employee is compensated for any financial losses; and that the employer establishes protocols to ensure future discrimination does not occur.

Employees in California who don’t have a written contract can generally be fired from their job for almost any reason – provided the termination doesn’t violate a federal or California law. Managers and supervisors who have a written contract can only be terminated if the contract permits the employer to fire the employee.

We file wrongful termination lawsuits against Riverside employers who fire an employee:

• Due to discrimination in violation of the US Civil Rights Law
• In retaliation for asserting their rights by filing a sexual harassment claim, filing a whistleblower claim, participating as a witness in another employee’s case, taking time off for a legal obligation such as jury duty, or asserting other legal rights
• Failing to provide reasonable accommodations to a worker who has a disability and then claiming the worker failed to do his/her job
• Violations of the California WARN Act

Employees can also file a legal claim if the employer creates a hostile work environment that prevents the employee from performing their required job duties.

• What types of discrimination cases do you handle in San Jose?
• What discrimination laws protect San Jose workers at the federal and state levels?
• What damages do your San Jose workplace discrimination lawyers seek?

At Miracle Law Group, we represent workers who suffer any type of employment discrimination including discrimination based on:

• Race
• Color
• National origin
• Age – 40 years old or older
• Religious beliefs
• A physical or emotional disability
• Marital status
• Genetic background
• Pregnancy
• Gender, gender identity/expression, and sexual orientation
• Military status
• Other identity characteristics

There are many federal and California laws that protect employees from workplace discrimination in San Jose. Generally, most employment discrimination claims begin by filing a claim with an appropriate agency such as the Equal Employment Opportunity Commission (EEOC) or the California Departments of Fair Employment and Housing (CDFEH) and the California Civil Rights Department.

Workplace discrimination claims in California generally apply to employers with five or more employers. The number of employees requirement is generally higher for federal claims. After the federal or state agency reviews your claim, employees can file their claim in federal or state court – if they receive a letter from the federal or state agency that reviewed their claim – stating that the employee has a right to sue – to file a lawsuit.

Some of the key workplace discrimination laws are:

• The Civil Rights Act of 1964, Titles VI and VII. This federal law applies to employees who suffer workplace discrimination based on their race, country of national origin, religion, or color. Some of the key requirements are that the employer:

• • Be engaged in work that affects interface commerce
  • Has 15 or more employees who work each day in at least 20 calendar weeks in the prior year
  • Is not the United States, “a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service.”

The Civil Rights Act does apply to other governmental agencies, corporations, partnerships, individuals, labor unions, mutual companies, and other employers.

The law forbids discrimination in hiring, the privileges of employment, pay, termination, and by “limiting, segregating, or classifying employees or applicants” – in a way that would adversely affect the worker of any employment opportunities or his/status as an employee.

The Civil Rights Act of 1964 details the requirements for proving the claim, the remedies that apply, whether there are any exceptions, and how your San Jose workplace discrimination complaint is enforced. The Equal Employment Opportunity Commission (EOC) does have the power to conduct investigations. 

• The Equal Pay Act of 1963. This federal law provides that employees covered by the law cannot discriminate “between employees on the basis of sex by paying wages to employees in such establishment at a rate less than the rate at which he pays wages to employees of the opposite sex in such establishment – for equal work on jobs the performance of which requires equal skill, effort, and responsibility, and which are performed under similar working conditions.” There are some exceptions such as payment based on seniority, a merit system, differentials based on non-sex factors, or where payment is based on the quantity or quality of production.

• The Age Discrimination in Employment Act of 1967 (ADEA). This federal law protects workers 40 and older. In San Jose, and across California, many employers prefer younger workers because the younger workers may have more current technical skills, are more willing to accept lower pay, and for other reasons. The ADEA helps ensure that workers 40 and older are treated fairly.
• The Americans with Disabilities Act (ADA). This federal law helps ensure that employers do not discriminate against workers with disabilities. The law applies to employers with 15 or more employees – including state and local governments. The ADA requires that employers in San Jose provide disabled workers with “reasonable accommodations” so they can perform their job and protects other workers who support disabled workers who suffer discrimination or retaliation.
• Section 503 of the Rehabilitation Act of 1973 (Section 503). This federal law applies to federal contractors and subcontractors. The law makes it an affirmative requirement for these employers to hire people who are disabled.
• The California Fair Employment and Housing Act. (CFEHA). California law provides remedies for employees and independent contractors who suffer workplace discrimination and sexual harassment based on a person’s background. Like the ADA, the CFEHA has a “reasonable accommodation” requirement.

Our San Jose workplace discrimination lawyers demand the employees be placed in the same financial position as if the discrimination had not occurred. This means we demand the San Jose workers who suffer discrimination by:

• Reinstated if they were fired
• Considered for a job position based on their qualifications and experience
• Receive a promotion – if they would have been promoted if the discrimination hadn’t occurred
• Paid any lost income and benefits
• Paid legal fees
• Paid any statutory damages
• Paid punitive damages

In addition, our San Jose workplace discrimination lawyers demand that employers take proactive steps to prevent future discrimination.

There’s no justification for employment discrimination in San Jose in the 21st century. There are time limits though for filing workplace discrimination claims. If you believe you’ve suffered discrimination at work, please contact us immediately so we can preserve your right to file a claim and investigate your claim promptly.

To discuss your San Jose workplace discrimination claim, call the Miracle Mile Law Group now. We’ve helped numerous clients across California obtain strong and just results. You can phone us at (888) 244-0706 or contact us for a FREE case evaluation.

Employment litigation isn’t easy. Our San Jose discrimination lawyers explain your rights, explain what type of evidence you need to assert your claim (such as emails, letters, job performance reviews, and other evidence), and file claims before the appropriate agencies and courts. Our law firm is devoted to working to move your discrimination case quickly because we know how upsetting it is to have your rights violated and be treated unjustly at work. We understand your need to be compensated for your losses and to hold employers accountable.