Have You Been the Victim of Discrimination, Harassment or a Hate Crime?
You Are No Less Equal
Sometimes it's easy to see when you have been the victim of discrimination, but more often unequal treatment is hidden in personnel files or justified on some other grounds. It can take some digging to determine if intentional or unintentional discrimination took place.
Harassment can be tricky, too. When is joking between coworkers a joke and when does it rise to the level of harassment? When does the personal animosity of a coworker or boss lead to a hostile work environment?
If you suspect your rights have been violated, it's important to talk to a California LGBT lawyer who can investigate your case. A civil rights attorney at The Dolan Law Firm will be able to explain which laws apply to your specific case, what evidence is needed to prove your claim, and how to file a claim for harassment or discrimination.
Contact our San Francisco law firm to schedule a free consultation with a San Francisco GLBTQ attorney.
Discrimination: Unfair or unequal treatment of a person based upon that person belonging to a protected class, such as race, sex, ethnic origin, pregnancy, disability or medical condition. In the workplace, employment discrimination can include discrimination in hiring, compensation, promotion, job duties, and termination. Discrimination can also occur in housing and services. A few examples would include:
- Failing to provide equal training and advancement opportunities to gay and lesbian employees
- Refusing services to a person because he or she is suspected of being HIV positive
- Refusing to rent an apartment to a person because of that person's gender identity
Harassment: Harassment is unwelcome verbal or physical conduct directed at an employee because of his or her gender or gender identity, sexual orientation, age, race, ethnicity or disability. Ongoing harassment can lead to a hostile work environment. A few examples would include:
- Repeatedly being called a fag at work
- Repeatedly being told offensive jokes or asked invasive questions
- Being touched inappropriately, sexually propositioned or sexually assaulted
Hostile Work Environment: A hostile work environment is one in which an employee or group of employees feels oppressed, intimidated, humiliated or distressed because of conduct by coworkers or managers. The harassing actions of coworkers or the employer hurt the victim's ability to perform his or her job and undermined the victim's sense of personal well-being (though the victim does not need to have suffered psychological injury to bring a claim).
Retaliation: If an employee brings a reasonable complaint against a coworker or employer for discrimination or harassment and they do so in good faith, the employer cannot retaliate against the employee. Retaliation is any action that would hurt the employee, such as demotion, change in job duties or firing (wrongful termination).
Wrongful Termination: Wrongful termination is an unlawful firing either because you are a member of a protected class (race, sex, gender identity, sexual orientation, HIV status) or because you complained about or took legal action to protect yourself from discrimination or harassment.
Hate Crime: A hate crime is committed against a person or a property because of the offender's bias against the victim's race, sex, gender identity or expression, sexual orientation, disability, age or religion.
California GLBT Lawyer
#claim How to Bring a Claim
If you believe you have been harmed by the wrongful conduct of another, you must bring a lawsuit within a certain period of time, called a statute of limitations. The specific amount of time will vary depending upon the type of case you are bringing. In discrimination cases, that limitation is often, but not always, one year.
If you fail to take the required legal steps before the statute of limitations runs out, you will lose your right to recover damages, even if the other party is guilty. Talk to a lawyer to find out what the statute of limitations is for your particular case.
Your attorney will work with you to determine the following:
- What legal right was violated? This will help us determine which laws apply.
- What type of injury did you suffer? Financial injury or physical injury?
- Who was injured? Was it only you or were others like you also injured? Your lawyer can advise you if you have an individual claim or if a class action lawsuit may be possible.
- Were young people or vulnerable adults hurt? Were the injured persons vulnerable adults? The statute of limitations can be different for minors or people who are not legally competent.
- Who caused the harm? If a government agency caused you harm, the statute of limitations is much shorter.
It's important to know that in many cases involving discrimination or harassment, you must first file a complaint with the Department of Fair Employment and Housing (DFEH), generally within one year of the offensive conduct. You must obtain a "right to sue" letter from the DFEH before you can bring a lawsuit in court. If you don't have such a letter, your case can be thrown out for failure to engage in a pre-lawsuit administrative process.
When you contact our San Francisco law office we will explain these steps in greater detail and help you begin the process of seeking justice and fair compensation.