Top San Jose, CA Employment Discrimination Lawyers Near You

What Is Employment Discrimination?

Employment discrimination occurs when workers or job applicants are mistreated based on characteristics like race, gender, age, religion, disability, pregnancy, or sexual orientation. The unfair treatment can involve hiring, firing, promotions, pay, job assignments, training, benefits, and other terms of employment. Federal laws like the Civil Rights Act and the Americans with Disabilities Act protect you from unfair treatment. California or San Jose may also have their own anti-discrimination laws giving you additional protection.

What Are Some Examples of Situations Where I Might Need an Employment Discrimination Lawyer?

You might need an employment discrimination lawyer if you experience unfair treatment at work based on your race, gender, age, or other protected characteristics. For example:

• You are passed over for a promotion in favor of less-qualified colleagues
• You are facing harassment about your race, gender, or other protected characteristic
• You receive a biased performance review
• Your employer denied reasonable accommodations for a disability
• You are receiving unequal pay for doing the same work as others

How Long Does a Discrimination Lawsuit Take?

A lawsuit or settlement negotiations can take months or even years to play out, but every case is unique, and will depend on the circumstances of your case. If there is a lot of compensation on the line, it’s likely that your case may take longer. Your attorney can advise you about what to expect.

How Do You Prove Employment Discrimination?

Just like with any other type of lawsuit, it will require evidence to prove your claims. If you think you are the victim of discrimination at your workplace, then it is important to document what you can. Save all email correspondence, phone messages, and performance reviews or other documentation that may prove your claims. Also, think about anyone you work with who would be able to corroborate your claims.

How Can a Lawyer Help Me With Employment Discrimination?

A lawyer can help you understand your rights, gather evidence, and pursue legal action to address the discrimination. Your lawyer will help you navigate the legal system and represent your interests. They can put your losses into monetary terms to seek the right amount of compensation that you deserve and hold negligent or discriminatory employers accountable for their actions. Your lawyer will be by your side through the entire process, whether that is in settlement negotiations, guiding you through filing a complain with the U.S. Equal Employment Opportunity Commission, or representing you at trial in a lawsuit against your employer.

What Could Happen if I Don’t Hire an Employment Discrimination Lawyer?

If you don’t hire an employment discrimination lawyer, you might struggle to navigate the complex legal system and prove your case. Without legal guidance, you could miss critical deadlines or fail to gather necessary evidence, weakening your claim and resulting in continued discrimination, lost wages, and missed opportunities for advancement. You might also face retaliation without proper protection. A lawyer can help you understand your rights, build a strong case, and seek fair compensation or remedies for the discrimination you’ve faced, ensuring your voice is heard and your rights are protected.

What Questions Should I Ask When Trying To Find an Employment Discrimination Lawyer in San Jose?

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• How have you handled cases like mine?
• What are the potential outcomes of my case?
• What is the timeline for my case?
• Are there alternative dispute resolutions available, like mediation or arbitration?
• What is your billing and fee structure?
• How long have you been practicing in California?
• Do you have access to experts who can support my case?
• How do you approach evidence collection?
• What is your approach to negotiations and settlements?
• What will my involvement be during the process?

Tips for Hiring an Employment Discrimination Lawyer

Finding a lawyer who is right for you and will represent your best interests is an essential first step in managing your case and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts