How Can a San Jose Race Discrimination Lawyer Help Me?
An experienced employment discrimination attorney can help guide you through every step of the complicated legal process, ensuring you have the best chance of maximizing your compensation and getting the justice you deserve. Your lawyer can explain your rights and outline your legal options, giving you peace of mind and relieving your stress.
Our firm’s Oakland and Walnut Creek offices are staffed by hometown Bay Area attorneys committed to serving their friends and neighbors in the community. Led by respected trial lawyers Mark Venardi and Martin Zurada, our team boasts decades of experience in employment law and millions in compensation recovered for Californians.
What Our Clients Have to Say About Us
"I definitely recommend Venardi Zurada"
Awesome and professional team that guides you with any troubles. Also bilingual!! I definitely recommend Venardi Zurada law firm. Thank you for your hard work.
Darleen A.
"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.
What Protections Do San Jose Workers Have Against Race Discrimination?
If you have experienced race discrimination in the workplace, you may have legal options under federal and California law. San Jose has also adopted local policies reflecting a broader civic commitment to racial equity.
Federal Protections
Title VII of the Civil Rights Act of 1964 prohibits covered employers from discriminating based on race, color, religion, sex, and national origin.
California’s State Laws
The California Fair Employment & Housing Act (FEHA) expands upon federal protections for race discrimination, harassment, and retaliation. While Title VII only binds employers with 15 or more workers, FEHA applies to all companies with at least five employees.
You can also immediately request a “right to sue” letter from the California Civil Rights Department under FEHA, while you must first pursue a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) to file a lawsuit under federal law.
Local San Jose Actions
San Jose’s city government has signaled a commitment to upholding racial equality and preventing discrimination in recent years. San Jose joined the Government Alliance on Race and Equity in 2018, and in November 2022, voters approved a measure requiring the city council to adopt a statement of values promoting racial equity and inclusion.
The city approved a policy in May 2024 committing to statements of values and standards for promoting racial equality, and established an Office of Racial and Social Equity in July 2024.
Commonly Seen Examples of Racial Discrimination in the Workplace
Race discrimination can take many forms. Here are some of the main ways racial discrimination occurs in the workplace, followed by an example of how each might happen in San Jose:
Hiring and Firing Practices
Using a worker’s race in deciding to hire or fire them is illegal discrimination. For example, if an East San Jose call center’s only Hispanic employee was terminated despite good performance, they may have a race discrimination claim.
Unequal Pay or Benefits
Employers cannot legally pay certain workers more or less than others in similar positions based on their race. A Black software engineer at a Downtown San Jose startup would have a race discrimination claim if he were paid less than his white coworkers with similar experience and qualifications.
Harassment and Hostile Work Environments
Employers are responsible for persistent harassment and abuse experienced by employees. A Black employee at a North San Jose manufacturing facility could file a claim against her employer if it failed to take action after her coworkers repeatedly used racial slurs in her presence.
Discriminatory Policies or Practices
Employers cannot enact company policies that disproportionately impact workers of certain races or treat workers differently based on race. It would be illegal for a San Jose restaurant to discipline an Asian employee more harshly than a white worker for similar infractions.
Retaliation
It is illegal to retaliate against workers for reporting or speaking up about racial discrimination in the workplace. If a San Jose retail worker has her hours cut after reporting a manager for racially discriminating against her coworkers, she may be experiencing unlawful retaliation.
Who Can Be Liable for Race Discrimination in San Jose?
Your employer is generally liable for discriminatory actions committed by its employees, and your claim will target the company in most situations. However, in California, third-party companies working for your employer can also be held liable for discriminatory conduct.
Managers and supervisors typically are not subject to individual liability for race discrimination, but they can be held responsible for workplace harassment independent of their employer. Our San Jose workplace harassment lawyers can help you understand your legal options and take action.
What Compensation Can I Receive in a Race Discrimination Claim?
The damages and remedies available to you for a racial discrimination claim depend on the specifics of your case. Some of the key types of compensation you can receive are:
- Lost wages and benefits: You can recover damages for any income you lost because of discrimination, including back pay and “front pay” for future earning potential tied to your previous position.
- Emotional distress: You can recover compensation for the general emotional harm you’ve suffered because of discrimination, including related stress, anxiety, and other mental health issues.
- Punitive damages: In rare cases involving intentional or egregiously malicious discrimination, a court may award punitive damages to penalize your employer.
Our Workplace Discrimination Case Results
- $1.5 Million Discrimination Settlement: When four restaurant employees stood up to their employer over long hours and repeatedly unpaid wages, they were fired and threatened with deportation. We took their employer to court and won the compensation they deserved, then pursued the company through six bankruptcies and other delays to ensure our clients received their award.
- $1 Million Whistleblower Retaliation Settlement: We represented whistleblowers at a medium-sized company who were retaliated against for disclosing unlawful gender and racial discrimination. We secured the testimony of key management witnesses, helping our clients prevail.
- $350,000 Discrimination Settlement: When our client’s daughter experienced racial discrimination, we held the perpetrators accountable and got justice.
Our Race Discrimination Lawyers in San Jose Are Here to Help You
With Venardi Zurada, you’re never just a case number. Our hometown Bay Area lawyers combine extensive knowledge of San Jose’s courts and insurance systems with a commitment to personalized, client-first service. We don’t charge any fees unless you win, aligning our success with yours.
Contact us online or call 833-893-6763 today to schedule your free consultation with our trusted San Jose race discrimination attorneys.
Meet Our Team
San Jose Race Discrimination FAQs
How Long Do I Have to File a Race Discrimination Lawsuit in California?
The statute of limitations for filing a race discrimination lawsuit is generally three years after the last incident. Acting as soon as possible is critical for maximizing your chances of success and ensuring you file on time.
How Can I Prove Race Discrimination in the Workplace?
Gathering a variety of evidence to show your employer’s intent and demonstrate disparate treatment can help you prove your race discrimination claims. Performance reviews, witness statements, written communications, and your own notes can all serve as key evidence.
Can I File a Claim for Race-Based Harassment in San Jose?
Yes, you can pursue a claim for racial harassment in the workplace. Our San Jose workplace harassment lawyers can help you explore your legal options.
Can I Resolve My Race Discrimination Claim Without Filing a Lawsuit?
Yes, you can file an internal complaint with your employer’s HR department and resolve your claim internally without filing a lawsuit. If HR does not resolve the issue, an experienced San Jose race discrimination lawyer can help you reach a settlement before pursuing litigation or an external claim.
