Discrimination / Harassment
There are both federal and state laws that provide that
individuals cannot be discriminated against based on the
following categories: race, age, sex, disability,
national origin, religion and pregnancy. Only certain
rights are protected, and persons are protected only in
certain situations, and based upon only certain
characteristics. For example, if a person is denied the
right to rent an apartment because they are a smoker,
there has been no civil rights violation because there
is no law protecting the right to smoke. If, however a
person is denied the right to rent an apartment because
they are Hispanic or because they are a member of the
Jehovah's Witness religion, that person's rights may
have been violated, since race and religion are
protected categories.
Harassment in the workplace is illegal if it is based
upon the above mentioned categories. It is thus illegal
if an employer harasses you because of your age, sex, or
disability status. However, if your supervisor harasses
you for some other reason, or just because he doesn't
like you, the law does not protect you.
Harassment includes sexual harassment and “hostile work
environment” harassment. One type is called “Quid Pro
Quo” harassment, and refers to a situation where an
employee feels they must tolerate sexual harassment in
the workplace or fear losing their job, not getting a
promotion, raise, or other benefit. An employer can also
be be liable for sexual harassment by a co-worker if the
employer has control over that co-worker and does not
act to end the harassment after they become aware of it.
If you feel you have been the victim of harassment or
discrimination based upon one of the protected grounds,
you have a few options. In addition to filing a lawsuit,
you can also file a complaint with an agency charged
with enforcing anti-discrimination laws like the EEOC
(Equal Employment Opportunity Commission) or the Fair
Employment and Housing Commission. To preserve your
right to sue for violations of certain laws, such as the
Fair Employment and Housing Act, you must file a
complaint with the Fair Employment and Housing
Commission before you file a lawsuit.
How can Jarvis Law Offices help?
We can assist you in determining which laws apply, and
whether you are a member of a protected class. We can
help you understand if your rights have been violated,
and who is responsible for the violation. We can explain
to you the remedies available to you, and help you
decide what is the best course of action, given your
particular goals in the situation.
If litigation is necessary to obtain redress for your
injuries and damages, you can rest easy knowing that
Jarvis Law Offices is on your side, putting its years of
experience to work for you, and zealously advocating on
your behalf. In some instances, Jarvis Law Offices can
represent you on a contingency basis, with no costs to
you up front.
If you do file an EEOC or FEHA complaint, Jarvis Law
Offices may be able to represent you in the hearing
before such agency. In most cases, if you prevail, the
opposing party will be required to pay your attorney
fees.
