A San Jose Lawyer Explains Your Rights under the California FEHA

State and federal law protect you from discrimination

All Americans are afforded the right to pursue work and housing free from discrimination based on race, gender, disability or other characteristics. State law in California is even more expansive, and the California Fair Employment and Housing Act (FEHA) offer a wide array of protection from discrimination to people in the Golden State. If you believe your employer’s actions are a violation of state or federal law, speak to an attorney immediately.

The Law Office of George Duesdieker focuses on employment and labor law in San Jose, San Mateo and the South Bay area. If you want to learn more about your rights under federal and California law, we can help.

The FEHA protects many Californians

The FEHA is the cornerstone of California employment law and specifies prohibited forms ofdiscrimination or sexual harassment in California. It bans disparate treatment based on:

  • Age
  • Ancestry
  • Color
  • Religion
  • Use of pregnancy or family leave time
  • Disability
  • Marital status
  • Sexual orientation
  • Medical condition
  • Genetic information
  • National origin, including using native language
  • Race
  • Sex
  • Gender and gender identity

FEHA violations have a one-year-long statute of limitations. This means you are eligible to file a claim within one year from the last act of discrimination, wrongful termination or other harassment. Speak to our employment law attorney to learn more about your eligibility for damages under the FEHA.

California law protects the disabled from discrimination

One important aspect of the FEHA for many Californians is its expansive protection of the disabled. While the federal government offers protection from discrimination for many under the Americans with Disabilities Act, California law goes further, covering any condition that makes a major life activity “difficult,” including being human immunodeficiency virus-positive and having acquired immunodeficiency syndrome. Under the FEHA, employers must reasonably accommodate those employees with such conditions. If your company or workplace has refused a request to provide reasonable accommodation, they may have violated California law.

The EEOC also protects Americans from adverse treatment

Depending on the circumstances of a case, you may elect to file a complaint with the Equal Employment Opportunity Commission (EEOC). The EEOC is a federal agency that hears complaints against employers and conducts an investigation. Some EEOC complaints are eventually settled through mediation while others are sometimes settled by the employer voluntarily. If the Commission does not find evidence of a violation, you may then be permitted to pursue your claim in federal court. Our attorney, George Duesdieker, is well-versed in EEOC procedure and works with your case through every step of the process.

Contact us if you have been discriminated against by your employer

Californians have a right to a workplace free from unjust treatment under state and federal law. The Law Office of George Duesdieker is committed to protecting the rights of working Californians in the San Jose and San Mateo areas. If you believe you have received unfair treatment, contact us at 650.684.5444 oronline to schedule a free initial consultation.  We offer contingent fee billing plans, so you are not billed until you receive compensation.