Discrimination, Harassment and Retaliation

At Voloshko Law Office, PC in Walnut Creek, CA, our employment law attorneys represent employees throughout the Bay Area, including Alameda, Contra Costa, Santa Clara, San Francisco, and San Mateo counties, in discrimination, harassment, and retaliation cases. California's Fair Employment and Housing Act (FEHA) provides strong protections for employees.

1. Employment Discrimination

Employment discrimination occurs when an employer treats an employee or job applicant unfavorably because of a protected characteristic. Protected classes under California FEHA and federal law include:

   •    Race, color, national origin, or ancestry

   •    Sex or gender (including pregnancy and gender identity)

   •    Age (40 and older under ADEA; all ages under FEHA)

   •    Physical or mental disability

   •    Religion

   •    Sexual orientation

   •    Marital status or medical condition

Discrimination can occur in hiring, firing, promotions, pay, job assignments, training, or any other term or condition of employment.

2. Workplace Harassment

Harassment is a form of discrimination involving unwanted conduct based on a protected characteristic. There are two main types:

A. Quid Pro Quo Harassment

   •    Occurs when a supervisor conditions employment benefits (e.g., a raise, promotion, or continued employment) on an employee's submission to unwelcome conduct, typically of a sexual nature.

B. Hostile Work Environment

   •    Occurs when unwelcome conduct based on a protected characteristic is severe or pervasive enough to create an intimidating, hostile, or offensive work environment.

   •    Can involve supervisors, co-workers, or even third parties such as clients or vendors.

   •    Employers have a duty to prevent and promptly correct harassment.

3. Retaliation

It is illegal for an employer to retaliate against an employee for:

   •    Filing a discrimination or harassment complaint.

   •    Participating in an investigation or proceeding related to discrimination.

   •    Requesting a reasonable accommodation for a disability or religious practice.

   •    Reporting wage theft or other labor law violations (whistleblowing).

Retaliatory actions can include termination, demotion, pay cuts, schedule changes, or creating a hostile work environment.

4. Reasonable Accommodation

Employers are required to provide reasonable accommodations for employees with disabilities or religious practices, unless doing so would cause undue hardship. Examples include:

   •    Modified work schedules or remote work arrangements.

   •    Reassignment to a vacant position.

   •    Modifications to equipment or the work environment.

5. How to File a Claim

A. File with the California Civil Rights Department (CRD)

   •    Formerly known as the Department of Fair Employment and Housing (DFEH).

   •    File a complaint within 3 years of the last discriminatory act under FEHA.

   •    The CRD will investigate and may attempt mediation before issuing a Right to Sue notice.

B. File with the EEOC (Federal)

   •    File within 180 days (or 300 days if also filing with the CRD) of the last discriminatory act.

   •    Filing with both agencies preserves both federal and state law claims.

6. Potential Remedies

Successful discrimination, harassment, or retaliation claims may result in:

   •    Back pay (lost wages and benefits from the time of the violation)

   •    Front pay (future lost earnings)

   •    Reinstatement to your position

   •    Compensatory damages for emotional distress

   •    Punitive damages in cases of egregious employer conduct

   •    Attorney's fees and court costs

7. Statute of Limitations

   •    Under FEHA: 3 years from the date of the discriminatory act to file with the CRD.

   •    Under federal Title VII and ADA: 180 or 300 days to file with the EEOC.

Acting promptly is critical to preserving your legal rights. Contact Voloshko Law Office, PC at (925) 705-9796 or schedule a consultation to speak with an employment discrimination attorney in Walnut Creek, CA.