Best Job Discrimination Lawyers in Burlingame

About Job Discrimination Law in Burlingame, United States

Job discrimination occurs when employees or job applicants are treated unfairly based on protected characteristics such as race, gender, age, religion, disability, sexual orientation, or other categories protected by law. In Burlingame, which is located in San Mateo County, California, job discrimination is prohibited by federal, state, and local laws. Employers are required to provide equal employment opportunities and foster a workplace free of discrimination and harassment. This legal framework protects employees throughout all phases of employment, from hiring and promotions to terminations and compensation.

Why You May Need a Lawyer

There are many situations where someone facing job discrimination in Burlingame may need legal advice or representation. These include instances where you believe you have been unfairly passed over for a job, denied a promotion, fired, or subjected to harassment because of your protected characteristics. If you have been retaliated against for reporting discrimination or requesting accommodations, or if your employer has failed to resolve your complaints internally, consulting an attorney can help you understand your rights and appropriate next steps. A lawyer can provide guidance on documentation, reporting your claims, negotiating settlements, and representing you in formal complaints or lawsuits.

Local Laws Overview

In Burlingame, job discrimination laws are shaped by a combination of federal, California state, and sometimes even local ordinances. Key federal laws include the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). California laws, such as the Fair Employment and Housing Act (FEHA), provide even broader protections, covering more types of discrimination and applying to smaller employers. The California Department of Fair Employment and Housing (DFEH) enforces these laws statewide, including in Burlingame. Employees are protected from discrimination based on categories such as race, color, national origin, ancestry, religion, sex, gender identity, sexual orientation, marital status, age (over 40), disability, medical condition, genetic information, and military or veteran status.

Frequently Asked Questions

What types of job discrimination are illegal in Burlingame?

State and federal laws make it illegal for employers to discriminate based on race, color, national origin, sex, gender identity, sexual orientation, pregnancy, religion, age, disability, marital status, medical condition, genetic information, or military and veteran status.

Does the law apply to all employers?

Most federal laws apply to employers with 15 or more employees, while California laws such as FEHA apply to those with five or more employees. Some protections apply regardless of employer size.

How do I know if I have been discriminated against?

If you have been treated less favorably than others in similar situations because of a protected characteristic, you may have experienced discrimination. This can include denial of promotions, unfair discipline, or wrongful termination.

What should I do if I believe I have been discriminated against at work?

Begin by documenting the incidents and following your employer’s complaint procedures. If that does not resolve the issue, you may file a complaint with a government agency or consult with a lawyer for further guidance.

Is retaliation for complaining about discrimination also illegal?

Yes, it is unlawful for an employer to retaliate against you for reporting discrimination, participating in an investigation, or asserting your rights under anti-discrimination laws.

How long do I have to file a discrimination claim in Burlingame?

Deadlines vary depending on the type of claim and the agency. For the DFEH, you typically have three years from the date of the alleged discriminatory act to file a complaint.

Can I sue my employer directly for job discrimination?

In most cases, you must first file a complaint with a governmental agency such as the DFEH or the Equal Employment Opportunity Commission (EEOC) and receive a "right to sue" notice before filing a lawsuit in court.

What remedies are available if I win a job discrimination case?

Possible remedies include reinstatement to your job, back pay, damages for emotional distress, changes in company policies, and sometimes punitive damages or attorney fees.

Are independent contractors protected by discrimination laws?

Protection for independent contractors is more limited than for employees, but California laws provide some protections, and workplace harassment claims may still be possible.

Is harassment considered job discrimination?

Yes, harassment based on a protected characteristic is a form of illegal workplace discrimination under state and federal laws.

Additional Resources

Individuals looking for assistance with job discrimination in Burlingame can contact the following resources:

California Civil Rights Department (formerly DFEH) Equal Employment Opportunity Commission (EEOC) San Mateo County Department of Human Resources (for public-sector employees) Legal Aid Society of San Mateo County Local bar association lawyer referral services Community organizations advocating for workers’ rights

Next Steps

If you believe you have experienced job discrimination, start by documenting all incidents, saving emails and records, and noting dates and witnesses. Review your employer’s complaint policy and use internal channels where appropriate. If the issue is not resolved, consider contacting a government agency such as the California Civil Rights Department or the EEOC to file a complaint. Consulting with an employment lawyer experienced in California discrimination cases is highly recommended to understand your options and ensure your rights are protected. Many lawyers offer initial consultations, and some may take cases on a contingency basis, meaning you pay only if you win or settle your claim.