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San Francisco Employment Law Blog

How do you document sexual harassment?

Sexual harassment in the workplace is a significant problem. Thousands of incidents are reported every year, and many more incidents likely go undiscovered because the victims are afraid to speak out.

Who will believe them? How will they prove their case in court?

How to tell if you've been wrongfully fired from your job

If you were suddenly fired, it can sometimes be difficult to tell whether your termination was just unfair or outright illegal.

If it was illegal, you have the right to file a wrongful termination lawsuit. Here are some things you should know.

Facebook job ads raise specter of age discrimination

Could Facebook be helping companies participate in illegal hiring practices that involve obvious age discrimination?

It certainly seems that way. At least one expert in employment and discrimination law has called the move "blatantly unlawful."

Filing a sexual harassment claim? Employers must keep evidence

It's true that what's written down in a text or an email sometimes comes off sounding different than it was intended. You can't see the writer's facial expressions, hear his or her tone of voice or pick up on all the other micro-cues that determine how you interpret something in person.

However, you would think that employers would have already figured out that simply deleting those electronic communications is a move that's destined to fail -- at best.

California takes new step to prevent women from discrimination

There's a very subtle way that women are discriminated against in the job market.

It's so subtle, in fact, that most women probably don't give it much thought or even realize that it has the capacity to lock them in a gender-based cycle of unequal pay for equal work.

What is caregiver discrimination?

Many people have never heard of caregiver discrimination -- even if they've dealt with it in person.

Caregiver, or "family responsibility," discrimination occurs whenever an assumption is made (either correctly or incorrectly) that an employee's responsibilities at home take precedence over his or her work and he or she is negatively treated as a result.

Getting even: How to define retaliation for your employees

If an employee has filed a complaint against your company due to the discriminatory behavior of other employees, you are now in the peculiar position of having to defend that person from his or her co-workers -- whether you want to or not.

Even when an employee is totally justified in filing a complaint, his or her co-workers may be angry because they feel like their fellow employee is breaking ranks, just being a tattletale or putting their jobs at risk. If the other employees feel like their co-worker's complaint is unjustified, their anger can run even deeper.

How do you avoid workplace discrimination because you're Muslim?

There's been an uptick in cases of workplace discrimination toward Muslim-Americans -- to the tune of 250 percent since before the terrorist attacks on Sept. 11, 2001.

Unfortunately, while America treasures the concept of religious freedom, fear has made much of the country suspicious of Muslims in general -- research in 2015 indicates that almost 40 percent of Americans feel like Muslims should be watched carefully on the basis of their religion alone -- even though the majority of Muslims are nothing like the extremists that capture headlines on the news.

Get help if someone uses a power imbalance to sexually harass you

There has been a striking imbalance between the number of males and females in California's tech industry and between the investors that men and women business leaders were able to attract. There seemed to be no logical reason for the ever-widening gender gap in the tech industry -- something that experts had logically expected to start to decrease, not increase, over the years.

Then women entrepreneurs in California started coming forward to tell stories of sexual harassment by venture capitalists and everything started to seem clearer.

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