Fremont Employment Discrimination Lawyer

About Valerian Law, P.C.

At Valerian Law, P.C., we take pride in creating a law practice where clients are active participants in their legal matters. We value empathy, inclusivity, accessibility, accountability, and teamwork. Our attorneys tailor our representation to our clients’ unique situations, and we keep lines of communication open at every phase of your employment discrimination case. Our legal team can explain each step of the legal process and allow clients to make informed decisions about their cases. 

Employment law cases in Alameda County may be filed in or transferred to the Hayward Hall of Justice, 24405 Amador Street, Hayward, CA 94544.

Understanding Employment Discrimination Laws

California law provides employers and employees with statewide protections against workplace discrimination. Under California law, employers, with limited exceptions, cannot discriminate against applicants or employees because of protected characteristics. Employment discrimination is generally unlawful when it affects hiring, compensation, promotions, discipline, termination, and other aspects of employment.

There may be additional protections under federal law or California state law that apply to your circumstances.

An employment decision is not illegal just because it has a negative impact on an employee. Employers can typically take adverse employment actions for good business reasons. The key question is whether your employer did something because of an unlawful motive or in violation of employment discrimination laws.

Protected Characteristics Under Employment Discrimination Laws

Both California and federal employment discrimination laws protect workers from unfair employment actions based on protected characteristics. An employer generally cannot make employment decisions or treat employees unfavorably because they belong to one of these protected classes. Protected classes vary by state and under federal law. In California, protected classes may include:

• Race 
• Religion
• Age
• Medical status
• Veteran status
• Sex/gender
• Sexual orientation
• Pregnancy
• Disability
• Marital status
• National origin

Employees may also receive protections based on asking for reasonable accommodations for disability or religious beliefs. Legal protections vary by law and specific factual circumstances.

The United States Equal Employment Opportunity Commission received 88,531 new accusations of discrimination in fiscal year 2024, a 9.2% increase over the previous year, proving that workplace discrimination complaints continue to be submitted throughout industries across the country.

Examples of Employment Discrimination

Employers can make decisions about job applicants and employees for legitimate business reasons. Employment discrimination occurs when an employer takes an adverse employment action based on a protected characteristic instead of merit or other lawful factors. Some examples of workplace discrimination include:

• Choosing not to hire a qualified job applicant because of race, religion, age, or another protected trait
  
  
• Paying employees with comparable credentials and job performance lower salaries due to sex, national origin, or other protected characteristics
  
  
• Failing to promote employees while advancing others with similar qualifications who are not in a protected class
  
  
• Denying opportunities for training, professional development, or career advancement due to discriminatory reasons
  
  
• Firing employees due to pregnancy, disability, age, or another protected characteristic

Whether discrimination is deemed to have occurred is typically determined by looking at the employer’s stated reason for the action, employment records, witness statements, company policies, and other factors.

Why Hire an Employment Discrimination Lawyer

Employment discrimination cases can require lots of paperwork, internal investigations, and multiple deadlines. Employees can also face numerous procedural hurdles before they have the ability to file a claim.

When you hire an employment discrimination lawyer, they can examine your work history, determine if state or federal laws apply, find proof for your case, handle any necessary paperwork, talk to your employer about a settlement, figure out how much you are owed, and represent you if the case goes to court.