Discrimination and Harassment

At Phillips, Erlewine, Given & Carlin, we firmly believe that no one should have to face discrimination or harassment in the workplace. Our employment attorneys have substantial experience representing employees who have been discriminated against or harassed. We provide comprehensive legal representation, from pre-litigation negotiation all the way up through litigating a case through trial and appeal if necessary. Our goal is to achieve the best result for each and every one of our clients and tailor our services to meet client needs. The firm has a proven track record of success in discrimination and harassment representations, including:

• Sexual Harassment and Assault: $8,850,000 settlement

• Sexual Harassment and Retaliation: $1,400,000 settlement

• Disability, Age, and Gender Discrimination and Retaliation: $1,075,000 settlement

• Whistleblower Retaliation, Race and Age Discrimination and Wrongful Termination: $750,000 settlement

• Gender Discrimination and Retaliation: $600,000 settlement

What is employment discrimination?

Employment discrimination occurs when an employer treats an employee or an applicant unfairly because of a certain protected characteristic. While an employer may treat an employee unfairly for a host of reasons, including favoritism, personal dislike, bias towards people holding certain degrees or accreditations, such unfair treatment is not illegal unless the unfair treatment occurs because of a protected characteristic. In California, the Fair Employment and Housing Act (FEHA) prohibits discrimination based on the following characteristics:

• Race or color

• Sex

• Gender identity or gender expression

• Sexual orientation

• Age

• Disability, mental or physical

• National origin, ancestry

• Religion, creed

• Marital status

• Genetic information

• Pregnancy, childbirth, breastfeeding or related medical conditions

• Military or veteran status

Our employment discrimination attorneys handle a wide range of cases, including but not limited to:

1. Race/National Origin Discrimination: Racism at work must not be tolerated. We represent workers discriminated against by their employers because of their race, color, or national origin. This includes wrongful termination, denied promotions, or employees who face racial slurs and harassment.

2. Gender Discrimination: Gender discrimination can take many forms: unequal pay, sexual harassment, discrimination based on sex or gender, or even discrimination related to pregnancy. Our employment discrimination attorneys fight for the rights of employees who have been discriminated against based on their sex or gender.

3. Disability Discrimination: Disabled workers are entitled to reasonable accommodations to accomplish their work. We offer legal assistance to individuals with disabilities who have been denied such accommodations, discriminated against because of their disability, or even terminated because of their physical or mental disability.

4. Age Discrimination: In today’s modern workplaces, sometimes workers over 40 years old can get left behind not because of their ability to do the work, but simply because of their age. Our team is dedicated to protecting the rights of older workers who have experienced age-based discrimination, whether through forced early retirement, being passed over for promotions, or simply being terminated due to their age.

5. Sexual Orientation Discrimination: In 2020, the United States Supreme Court recognized sexual orientation as a protected characteristic. California law did the same twenty years earlier. We advocate for individuals who have faced discrimination based on their sexual orientation, ensuring that the protections advocates fought so hard to earn are actualized when employees are faced with invidious discrimination.

Phillips, Erlewine, Given & Carlin stands with and for employees who have been subjected to unlawful discrimination on any of these grounds, ensuring that their rights are protected and that they receive the compensation they deserve.

What types of employers and activities do California’s employment discrimination laws apply to?

California employment laws are some of the most worker-friendly laws in the nation. The laws generally apply to both public and private employers who have 5 or more employees. California discrimination laws apply to all business practices, including:

• Applications, screening, and interviews

• Hiring, transferring, promoting, terminating or separating employees

• Working conditions

• Compensation

• Participation in training or apprenticeship programs

• Employee organization and unionization

What remedies are available for employment discrimination in California?

California provides the following remedies for employment discrimination victims:

• Back pay (past lost earnings)

• Future pay (future lost earnings)

• Hiring/Reinstatement

• Out-of-pocket expenses

• Employment Discrimination Attorney’s fees and costs

• Promotion

• Policy changes

• Training

• Reasonable accommodations

• Emotional distress damages

• Punitive damages

Combating Workplace Harassment

California workers should not countenance harassment at work. In California, harassment is actionable if (1) an employee is forced to work in an offensive environment as a condition of employment, or (2) the offensive conduct or behavior is strong enough to create a hostile or intimidating work environment. Thus, single instances of offensive behavior, unless particularly egregious, are not generally actionable as harassment.

Workplace harassment can impact every aspect of a worker’s life, including their physical and mental health. Our firm is well-versed in California's harassment laws and stands ready to assist those who face harassment at work.

Some typical forms of harassment include:

• Sexual Harassment: Whether the harassment is sexual in nature or based on a worker’s sex or gender, it is illegal. This includes unwelcome advances, requests for sexual favors, or any form of verbal, physical, or visual harassment based on an individual’s sex or gender.

• Racial Harassment: Harassment based on race, ethnicity, or color is strictly prohibited in the workplace. Those faced with persistent racial slurs, stereotypes, crude jokes, or racial intolerance at work have recourse under California law and we’re here to help.

• Age Harassment: Age is only a number unless someone harasses you because of it. Discrimination or harassment based on age forty or over, is illegal.

• Disability Harassment: Individuals with disabilities deserve equal treatment and respect in the workplace. If a worker faces harassment because of their disability, they can hold their employer accountable.

• Religious Harassment: Religious freedom is a central tenant in American democracy. The concept includes freedom to practice one’s religion and freedom not to have anyone else’s religion imposed upon you. Workers cannot be harassed, belittled, or discriminated against based on their religious beliefs, practices, or background.

Our team of experienced employment discrimination attorneys can help you better understand and enforce your right to be free from illegal discrimination and harassment.  

If you believe you have been a victim of workplace discrimination or harassment, it is critical to seek legal representation as soon as possible. Our firm is dedicated to obtaining the best results possible for our employment discrimination or harassment clients.

Why Choose Us?

Experienced Legal Team

Our firm boasts a team of highly skilled employment discrimination attorneys who have a deep understanding of substantive and procedural laws and can help employees fight back against the wrongful conduct of their employers.  Our team of experienced attorneys is well-versed in the intricate nuances of these cases and will guide you through the entire legal process, ensuring your rights are defended and your voice is heard.

Comprehensive Approach

We take a comprehensive approach to employment litigation, ensuring that our clients' interests are vigorously protected. From initial consultation through to trial, we leave no stone unturned in building a strong case and maximizing the chances of a favorable outcome.

Tailored Legal Strategies

Every case is unique. We recognize the importance of tailoring our strategies to meet the specific needs and circumstances of our clients. We invest significant time and effort in thoroughly assessing each case—whether it be on behalf of an individual or a class of impacted employees—enabling us to develop a customized legal approach that aligns with our clients’ goals.

Contact us today for a confidential consultation with our employment discrimination attorneys and take the first step towards combating workplace discrimination and harassment.

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