How Can a National Origin Discrimination Lawyer Help Me?
Thinking about pursuing a legal claim can add frustration and confusion to the already stressful experience of dealing with national origin discrimination. The right lawyer can help you regain your peace of mind by explaining your rights in plain language and evaluating your situation to determine the best way forward.
Your attorney will help you collect all necessary evidence to support your discrimination claim, then represent you in settlement negotiations with your employer. If the company won’t agree to a fair deal, your lawyer will take your case to court and fight to get you justice.
With offices in Oakland and Walnut Creek, our hometown Bay Area lawyers are well-equipped to take on your claim and get you the results you deserve. Under the leadership of respected trial attorneys Mark Venardi and Martin Zurada, our firm boasts decades of experience and millions of dollars in successful recoveries for California clients.
What Is National Origin Discrimination?
National origin discrimination is disparate or unfair treatment in the workplace based primarily on where an employee is from. National origin discrimination can be based on a worker’s ethnicity, country of origin, accent, cultural practices, native language, and more.
Some examples of national origin discrimination that could occur in San Francisco include:
- A Mission District startup declines to hire a qualified candidate from Central America, who later learns the company has a history of preferring to hire from a specific national background.
- A Silicon Valley software engineer of Chinese descent learns she is being paid significantly less than her white colleagues for the same work.
- An Indian immigrant working for a SoMa tech company is passed up for a promotion in favor of a less-qualified employee with a different national origin.
How Does National Origin Discrimination Differ From Racial Discrimination?
While national origin discrimination is based on the victim’s culture, ethnic background, or status as an immigrant, racial discrimination is more focused on physical characteristics such as skin color, hair texture, or facial features.
Racial and national origin discrimination are both illegal and can overlap in many cases. While you can pursue both in a discrimination claim, each typically requires different legal strategies to address. Your attorney can help you identify the correct type of discrimination behind your claim and maximize your chances of success.
What Can I Expect From the National Origin Discrimination Claim Process in San Francisco?
Your case will begin when you sit down for your initial consultation with a San Francisco national origin discrimination lawyer. Your attorney will go over your legal options, chart a path forward, and begin investigating your claims.
After you’ve gathered the necessary evidence, your lawyer will help you go to your company’s HR department and present your case. They will represent you in negotiations with your employer and aim to secure a fair settlement to resolve your claims.
If your employer refuses to fix the problem internally, your lawyer will help you pursue official complaints with government agencies or file a lawsuit. While the specifics of your case will vary greatly depending on your circumstances, your attorney will keep you updated every step of the way.
What Laws Protect San Francisco Workers From National Origin Discrimination?
Title VII of the Civil Rights Act of 1964 bans employment discrimination and workplace harassment based on a variety of protected characteristics, including national origin. The federal law applies to all employers with at least 15 workers.
At the state level, California’s Fair Employment and Housing Act (FEHA) extends discrimination protections to companies with 5 or more employees. San Francisco also has its own anti-discrimination law, Article 33, which includes additional protected traits like height and weight.
How Long Do You Have to File a National Origin Discrimination Claim in San Francisco?
You have three years from the date you were discriminated against to file a complaint with the California Civil Rights Department (CRD). Once the CRD sends you a “right to sue” letter, you’ll have only one year to file a lawsuit for national origin discrimination.
To pursue a claim under federal law, you’ll have to make a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) within 300 days of the incident. You’ll have to wait until the EEOC completes its investigation before you can receive a federal “right to sue” letter.
If you’re an employee of the City of San Francisco or pursuing a violation of a local law, you will only have 180 days to take action. Missing any of these deadlines could end your chances of recovering compensation and getting justice, so it’s important to talk to an experienced lawyer as soon as possible.
What Can I Recover for My National Origin Discrimination Claim?
While the type and value of your damages will depend on the circumstances of your case, you can recover a variety of compensation for a national origin discrimination claim in San Francisco. The most common examples include:
- Compensation for lost wages if you were wrongfully terminated, passed over for a promotion, or paid less than coworkers
- “Front pay” for lost future income if you can’t be reinstated to your job
- Emotional distress damages for stress, anxiety, and humiliation
- Punitive damages, in cases involving extreme or intentional actions by your employer
Under FEHA, your employer may have to pay your legal fees if you succeed in court. Your attorney can use this as leverage in settlement negotiations, as the company knows it will have to pay more the longer it fights.
Our Employment Discrimination Case Results
- $4.5 Million Discrimination Settlement: Our team secured significant compensation for a client who experienced discrimination and retaliation in the workplace.
- $1.5 Million Discrimination Settlement: Our attorneys helped four wrongfully terminated employees hold a restaurant accountable for retaliation after they complained about frequent unpaid wages and long hours.
- $498,000 Discrimination Settlement: When our client was discriminated against and retaliated against by their employer, our lawyers fought back and won the compensation they deserved.
Meet Our Team
Let Our National Origin Discrimination Lawyers in San Francisco Help You Seek Justice
If you’ve experienced national origin discrimination and want to step forward, we’re ready to support your bravery and help you right the wrongs done to you. Our team is only a call or click away.
With Venardi Zurada, you’re never just a case number. We prioritize personalized, client-first service, and you pay nothing unless we win your case. Contact us online or call 833-893-6763 today for a free consultation with our trusted San Francisco national origin discrimination lawyers.
"Highly Recommend"
Highly recommend them! I am very new to legal cases yet I was very thankful for the effective communication and help I got from the team. Speaking Spanish also helped me feel like home, thank you.
Anayely R.
"Mark’s advice was spot-on"
I retained Mark after consulting him regarding issues I was experiencing with my employer. Mark’s advice was spot-on, and he was extremely generous with both his time and billing. More importantly, Mark fought diligently for my rights throughout the process ensuring I was not taken advantage of. It can not be overstated how important it is to have a knowledgable attorney with integrity leading the way when you find yourself being bullied by a juggernaut of a corporation. Having Mark in my corner was the best decision I could have possibly made.
Chris C.
"Expert Negotiators, Genuine Care"
I am very thankful to have been represented by VZ Law Firm for my employment settlement. They did their best to negotiate a reasonable settlement amount for my case. I also felt very cared for by everyone I interacted with at the firm throughout the process. Highly recommend.
Natnael D.
"Your Best Choice for Employment Law"
If you need an employment attorney in the Bay Area, Tanya and the team at VZ are highly regarded, and I consider them the best choice. You won’t be disappointed.
Aaron F.
National Origin Discrimination Frequently Asked Questions
Who Can Be Liable in a San Francisco National Origin Discrimination Claim?
In addition to your employer, third-party companies like employment screeners can also be held liable for discriminatory actions.
Is Being Passed Over for a Promotion Due to a "Thick Accent" Illegal?
Yes, factoring an employee’s accent into an employment decision would qualify as illegal discrimination.
Can an Employer Require Me to Adopt a "Western" Name for Client Interactions?
Your employer cannot force you to use a “Western” sounding nickname without violating discrimination laws.
Should I Go to HR Before Calling a San Francisco National Origin Discrimination Lawyer?
While you can go to HR before speaking with a lawyer, an attorney can provide professional guidance and help ensure you have everything you need for your meeting.
If I Complain About Discrimination, Can My Employer Cancel My H-1B Sponsorship?
No, your employer cannot legally retaliate against you for complaining about discriminatory conduct.
