Discrimination / Harassment
A. Discrimination
The Civil Rights Act of 1964 and Title VII are examples of federal law that prohibits discrimination in hiring, selection for training leading to hiring, promotion, termination, compensation, or other terms and conditions of employment based on:
- Race;
- Color;
- Ancestry;
- National Origin;
- Religious creed;
- Sex and sexual orientation;
- Marital status;
- Pregnancy, child birth or related medical conditions;
- Physical and mental disability;
- Medical condition;
- Age, with respect to persons who are 40 years of age or older.
These laws also prohibit hiring or promotion policies and procedures that result discrimination based on race, gender, etc. In addition, it is unlawful to ban or limit the use of a particular language unless the restriction is justified by business necessity. Each situation is different and unique and requires an experienced attorney’s evaluation to adequately determine if there is an actionable claim.
B. Harassment
Sexual harassment is any form of discrimination ‘because of sex.’ The Equal Employment opportunity Commission defines sexual harassment as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature…when…submission to or rejection of such conduct is used as the basis for employment decisions…or such conduct has the purpose or effect of…creating an intimidating, hostile or offensive working environment”.
Sexual harassment consists of two types of prohibited conduct: 1) quid pro quo, or where submission to harassment is used as the basis for employment decisions; and 2) hostile environment, or where harassment creates an offensive working environment.
Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other unwelcome verbal, physical, or visual conduct of a sexual nature. It may also include harassment based on pregnancy, childbirth, or related medical conditions. Occasional inappropriate touching, off-color jokes, or repeated sexual references may also be considered sexual harassment.
Harassment and discrimination can vary depending on the circumstances and the frequency in which the conduct has occurred. If you feel you were unlawfully fired and/or harassed because you rejected the sexual advances of a co-worker or employer, please contact the law offices of Liuzzi, Murphy, Solomon, Churton, Hale & Winnett LLP.
Please call our office at (415) 400-7000 to schedule an initial consultation about your case. The initial consultation will be conducted by an attorney who will evaluate your claim at no cost. If you choose to retain us, you will not be charged a fee unless we obtain a settlement or jury award for your losses.
Items to Prepare for Initial Consultation and Future Claim
- Employee’s full name;
- Employer’s full name, and the name of any related or affiliated corporate entities;
- The full name of any individual whom the employee believes was involved in the decision to take the adverse action against the employee;
- Length and proof of employment;
- A brief description of what has occurred;
- A brief description of any disabling injuries, if any, that the employee may attribute to the adverse employment action;
- Both the date the employee was notified of the adverse employment action and the date the action occurred or is scheduled to occur;
- Any written policies existing that may not have been followed;
- Whether the employee contends that the employment relationship was terminated as a result of the discrimination and/or harassment; and
- If the employee is a union member and the full name of the union.