Discrimination Lawyers in San Francisco, CA

Employment discrimination occurs when an employer treats an employee unfairly due to one or more protected characteristics such as age, race, gender, disability, or other legally protected factors. These forms of workplace discrimination can be overt or subtle, with far-reaching consequences on the victim’s personal and professional life. California law provides some of the strongest protections in the country, but navigating discrimination cases requires skilled legal guidance.

These are various types of discrimination that are prohibited by San Francisco law:

San Francisco Age Discrimination

Age discrimination occurs when an employer hires, fires, promotes or demotes an employee based on their age rather than their skills or job performance. Under both federal and California laws, workers aged 40 and above are protected from this type of discrimination.

Older employees may face workplace bias due to stereotypes that they are slower, resistant to change, or less capable of learning new technologies. Employers may attempt to justify discriminatory actions under the guise of cost-cutting measures, such as restructuring or downsizing, disproportionately targeting older employees.

Signs of age discrimination include:

• Being passed over for promotions in favor of younger employees with less experience
• Receiving negative performance reviews that are inconsistent with past evaluations
• Being assigned undesirable work tasks that push employees to resign
• Hearing comments about being “too old” or needing to retire
• Being excluded from important meetings, training sessions, or professional development opportunities

If you believe you have experienced age discrimination in the workplace, seeking legal counsel can help protect your rights and hold employers accountable.

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San Francisco Disability Discrimination

Disability discrimination occurs when an employer treats an employee unfairly due to an actual or perceived disability. Under the Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA), employers must provide reasonable accommodations for disabled employees unless doing so would create undue hardship for the business.

A disability can be physical or mental and does not have to be visible. Employees with temporary disabilities or those with a history of disability are also protected. Additionally, employees or applicants who are related to a person with a disability are protected by these laws.

Examples of disability discrimination include:

• Refusing to hire someone due to a known or assumed disability
• Denying reasonable accommodations, such as ergonomic adjustments, modified work schedules, or assistive devices
• Demoting or terminating an employee after they disclose a disability
• Harassing an employee due to their disability or creating a hostile work environment
• Excluding employees with disabilities from company events, trainings, or promotional opportunities

An employer has an obligation to engage in an interactive process with an employee to determine what type of accommodations can be made.

If you suspect discrimination based on disability, it’s crucial to document the incident(s) and seek legal advice.

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San Francisco Gender Discrimination

In California, employees are protected against gender discrimination by both federal and state laws, notably the Title VII of the Civil Rights Act of 1964 and the FEHA. It occurs when employees are treated differently due to their gender identity or sex and cover various employment aspects such as hiring, promotions, and working conditions. These laws also prohibit harassment, ensure equal pay for equal work, and protect against retaliation for reporting discrimination.

Examples of gender discrimination include:

• Paying women less than men for the same work
• Promoting male employees over equally or more qualified female employees
• Holding female employees to different performance or appearance standards
• Discriminating against employees based on gender identity or expression
• Allowing a hostile work environment that includes sexist comments or behavior

California law strongly protects employees from gender-based discrimination. If you experience such unfair treatment, consulting with an attorney can help you explore your options.

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San Francisco Hair Discrimination

The CROWN (Create a Respectful and Open World for Natural Hair) Act is a California law which prohibits discrimination based on hair style and hair texture and is the first legislation passed at the state level in the United States to prohibit such discrimination.

Examples of hair discrimination include:

• Requiring employees to straighten their hair to appear “professional”
• Banning hairstyles predominantly worn by Black employees
• Penalizing or disciplining employees based on their natural hair texture or style
• Failing to promote employees who wear culturally significant hairstyles

San Francisco’s laws ensure that no employee should have to alter their natural appearance to conform to discriminatory workplace standards.

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San Francisco Hiring Discrimination

Discrimination in the workplace can begin before a person is even hired. Employers are prohibited from engaging in discriminatory practices during the application and hiring process. A “failure to hire” claim arises when a job candidate believes they were not hired due to a protected characteristic rather than their qualifications.

Hiring discrimination can take many forms, including:

• Preferring candidates of a specific race, gender, or age group
• Asking inappropriate interview questions about marital status, pregnancy, age, religion, or disability
• Using coded language in job postings to discourage certain applicants (ie. “young and energetic team”)
• Relying on word-of-mouth referrals that favor one demographic over another
• Refusing to consider qualified applicants with disabilities who could perform the job with reasonable accommodations

Job seekers who believe they were unfairly rejected based on their identity should consider legal action to hold employers accountable and push for more inclusive hiring practices.

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San Francisco LGBTQ+ Discrimination

LGBTQ+ discrimination in the workplace includes unfair treatment based on sexual orientation, gender identity, or gender expression. Under the t FEHA, employers with five or more employees are prohibited from discriminating based on sexual orientation, gender identity, or gender expression. These protections apply to hiring, firing, promotions, job assignments, pay, training, and other employment conditions.

Forms of LGBTQ+ discrimination include:

• Harassment or derogatory comments about sexual orientation or gender identity
• Denying healthcare benefits to same-sex partners or spouses
• Restricting restroom access based on gender identity
• Excluding LGBTQ+ employees from leadership opportunities

San Francisco provides some of the strongest protections for LGBTQ+ workers, ensuring their rights are upheld in all employment settings.

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San Francisco Pregnancy Discrimination

SAn Francisco pregnancy discrimination occurs when an employer treats an employee differently because they are pregnant, plan to become pregnant, or have recently given birth. This can include denial of a promotion of job opportunity due to pregnancy-related concerns, being pressured to take leave before it is medically necessary, unwanted questions from your boss about your pregnancy plans or childcare arrangements, unreasonable work restrictions, or termination or demotion based on your pregnancy.

California law protects San Francisco employees from discrimination based on pregnancy, childbirth, and related medical conditions. This includes the right to reasonable accommodations to help you perform your job safely while pregnant, such as modified break schedules or temporary changes in duties. Title VII of the Civil Rights Act of 1964, as amended by the Pregnancy Discrimination Act, prohibits sex discrimination, including pregnancy discrimination. The Pregnancy Discrimination Act (PDA) prohibits discrimination in all aspects of employment, including hiring, firing, promotion, pay and other employment benefits.

Pregnancy discrimination can be a complex legal issue. A qualified San Francisco workplace discrimination lawyer can be your advocate.

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San Francisco Race Discrimination

Race discrimination occurs when an employee is treated unfairly due to their race, ethnicity, or associated characteristics. This includes not only overt racism but also systemic barriers that limit career growth for employees of color.

Examples of race discrimination include:

• Assigning less desirable tasks based on race
• Using racial stereotypes in hiring, promotions, or workplace treatment
• Harassment, such as racial slurs or offensive jokes
• Disciplining employees of color more harshly than their white counterparts
• Implementing grooming or dress codes that disproportionately impact certain racial groups

San Francisco enforces strong anti-discrimination policies to ensure workplaces remain fair and inclusive.

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San Francisco Transgender Discrimination

More than one in four San Francisco transgender people have lost a job due to bias, and more than three-fourths have experienced some form of workplace discrimination. Refusal to hire, privacy violations, harassment, and even physical and sexual violence on the job are common occurrences, and are experienced at even higher rates by transgender people of color. Many people report changing jobs to avoid discrimination or the risk of discrimination.

This transgender employment discrimination is illegal in California. California law protects employees from discrimination based on gender identity and gender expression. This means transgender employees have the right to be treated with dignity and respect at work, and to be judged based on their skills and qualifications, not their gender identity. A qualified workplace discrimination lawyer can help assess the details of your situation and determine if you have a valid San Francisco discrimination claim based on your gender identity.

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San Francisco Weight Discrimination

While state and federal laws do not explicitly list weight as a protected category, there are circumstances where employees may still have legal protections. Weight discrimination in the workplace occurs when an employee or job applicant is treated unfairly due to their weight. In some cases, severe obesity may qualify as a disability under the FEHA or the ADA. Employers are required to provide reasonable accommodations for employees whose weight is related to a medical condition or disability, unless it causes the company undue hardship.

San Francisco has laws that prohibit discrimination based on body size and weight, recognizing that weight-based bias is often linked to broader issues of disability discrimination and workplace fairness.

Examples of size and weight discrimination include:

• Denying employment opportunities based on body size
• Making negative comments or jokes about an employee’s weight
• Implementing workplace policies that disadvantage plus-sized employees
• Assuming overweight employees are less competent or productive

Employers must treat all employees fairly, regardless of size, and provide accommodations when necessary.

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Protecting Your Rights Against Workplace Discrimination

San Francisco workers benefit from some of the strongest employment protections in the nation. If you believe you have experienced discrimination, take the following steps:

1. Document the incidents – Keep records of discriminatory behavior, including dates, times, and witnesses.
2. Report internally – Follow company procedures for reporting discrimination to HR or management.
3. Seek legal counsel – A knowledgeable employment lawyer can help you understand your rights and options.
4. File a complaint – If internal resolutions fail, consider filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the California Civil Rights Department (CRD).

No one should have to endure workplace discrimination. Understanding your rights and taking action can help ensure a fairer, more inclusive work environment for all.