Employment

Both state and federal law protects you as an employee from discrimination at work. State law covers public government agencies and private businesses with five or more employees. Federal law covers those businesses with 15 or more employees. Unions also must comply. All aspects of employment are covered, including hiring, firing, promotion, transfers, lay-offs, training, privileges, fringe and retirement benefits, hostile work environment and harassment.

Employers must make “reasonable accommodations” to your communication needs so that you can do your job. This may include providing you with an interpreter, a TTY, captioned videos, visual signal or alarm lights, or other equipment; or assigning to co-workers minor job duties, such as answering telephones.

You may file a complaint with the State Department of Fair Employment and Housing. You must do so within one year of the discriminatory action. The Department will accept and investigate complaints and has the power to force an employer to obey the law. If successful, you may be awarded back pay, seniority, and your attorney’s fees.

If you believe your employer is covered by federal law, you must instead file a complaint with the U.S. Equal Employment Opportunity Commission (EEOC) in San Francisco, within 300 days of the discriminatory action.

After filing with the Department or the EEOC, and receiving a “right to sue” letter, you may choose instead to go to court. If successful there, you may be awarded compensatory money damages as well as a back pay award and your attorney’s fees.

If you work for a federal agency, you must contact one of its EEO (Equal Employment Opportunity) counselors within 45 days of the discriminatory action. If the counselor cannot resolve the complaint, you then have the right to file a formal complaint with an opportunity for a hearing before an EEOC referee. For a federal complaint, if your complaint is not resolved to your satisfaction, you may go to court to enforce your rights. The federal court may appoint a lawyer to represent you. If successful, you may be awarded back pay, seniority, compensatory damages and attorney’s fees.