We Aid In Discrimination Lawsuits

The lawyers of the DeVito Law Group in San Francisco are ready to assist you with a discrimination lawsuit. We are able to answer some commonly asked questions below.

What is employment discrimination?

Unlawful discrimination in the workplace is any act (or failure to act) by an employer that adversely affects the employee’s terms or conditions of employment. The law makes it unlawful to discriminate against employees in any of the following aspects of employment:

• Hiring and firing

• Wages

• Hours

• Bonuses, fringe benefits, retirement plans

• Job assignments or classification

• Promotions, transfers, layoffs or recalls

• Testing, training and apprenticeship programs

• Use of company facilities

• Any other employment term or condition

What is workplace harassment?

Workplace harassment is a form of discrimination. It is all unwelcome verbal or physical conduct that (1) is either sufficiently severe or pervasive to create a hostile work environment, or (2) results in a tangible change in the employee’s employment status or benefits. Conduct that may constitute unlawful harassment includes, but is not limited to:

• Unwelcome verbal comments, remarks, jokes, derogatory language and expressions of stereotypes

• Unwelcome physical conduct such as touching, leering, visual displays, offensive gestures and acts of intimidation

Can anyone who is subjected to harassment or conduct that affects the employee’s employment terms or conditions have a claim for unlawful harassment or discrimination?

No. State and federal laws prohibit harassment and discrimination when it is based on the employee’s actual or perceived membership in one of the following protected classes or because of the employee’s association with someone belonging to one of the following protected classes:

• Age more than 40 years

• Physical or mental disability

• Medical condition

• Race and color

• National origin and ancestry

• Religious creed

• Sex (harassment based on sex includes sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions)

• Sexual orientation

• Pregnancy

• Marital status