What is Employee Discrimination & Harassment in San Jose?
Employment discrimination and harassment can take many different forms. Generally speaking, employment discrimination means being treated less favorably than other people in an employment context. Unfair treatment can range from a decision not to hire a person for a discriminatory reason, to forms of harassment, to retaliation or wrongful termination.
Unlawful discrimination occurs when a person is treated less favorably because of a protected characteristic, such as race, color, religion, sex, sexual orientation, gender identity, pregnancy, national origin, disability, age, or genetic information. Under state law, the California Fair Employment and Housing Act (FEHA) provides a range of these protections to employees. There are also several federal laws that provide protections, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).
Forms of Harassment in San Jose Workplaces
Harassment is one form of discrimination. It is a type of unwelcome conduct on the basis of an employee’s protected characteristic or membership in a protected group, and it is unlawful when it creates a hostile work environment. Generally speaking, a hostile work environment exists when offensive conduct is so severe, or is pervasive enough, that a reasonable person would consider it to create a hostile, intimidating, or abusive working environment. Usually the offensive conduct must occur repeatedly to rise to the level of creating a hostile work environment, although some isolated incidents will be severe enough that they create an unlawful hostile work environment.
There is another form of unlawful harassment that commonly occurs in the form of sexual harassment. Quid pro quo harassment, or “this for that,” involves a situation where enduring offensive conduct becomes a condition of employment. Quid pro quo sexual harassment typically involve a boss or anyone in a supervisory position requiring an employee to agree to sexual favors either in exchange for keeping their job, or in exchange for benefits in the workplace.
Common Examples of San Jose Employee Discrimination & Harassment
Offensive conduct associated with unlawful discrimination and harassment can take a range of forms. Some examples include but are not limited to:
- Offensive jokes;
- Making threats;
- Ridiculing or name-calling;
- Displaying offensive images; and
- Engaging in unwanted touching.
Contact Our San Jose Employee Discrimination & Harassment Lawyers Today
Any job applicant or employee who has experienced any behavior that seems like it could rise to the level of unlawful discrimination or harassment should seek legal advice. Contact our experienced San Jose employee discrimination & harassment lawyer today. Call us at (833) 893-6763 or reach us online to schedule a consultation.
