Were you discriminated against at work in San Jose?
Being treated worse because of who you are, in pay, promotion, discipline, scheduling or termination, may be unlawful. Retaliation after you objected or reported it may be unlawful too.
If your workplace rights were violated, you may be able to pursue compensation for lost pay or emotional harm, and hold your employer accountable.
Not sure whether it was "serious enough"? You can request a review even if you never reported it to HR or are still employed.
What discrimination actually looks like, and what the law calls it.
Discrimination is rarely a single dramatic act. It's the pattern, the 'jokes,' the passed-over promotion, the accommodation that never comes, the sudden performance problem after you spoke up. The legal test is whether a protected trait drove how you were treated.
The 'nicknames' are slurs. Everyone laughs, so I'm supposed to laugh too.
The law calls it → racial or national-origin harassment
- Since I started wearing a hijab, I'm suddenly 'not a culture fit' for client meetings. The law calls it → religious discrimination
- They call me 'grandpa' in standups and gave the project I built to someone half my age. The law calls it → age-based harassment and discrimination (40+)
- I asked for a simple schedule change for my disability. Months later, still nothing, and now I'm 'unreliable.' The law calls it → failure to accommodate a disability
- I reported the slurs to HR. Two weeks later my performance was suddenly a problem. The law calls it → retaliation, illegal even if the original complaint isn't proven, as long as it was made in good faith
- After I asked for a modified schedule following surgery, my team 'reprioritized' my role and pushed me out within a quarter. The law calls it → disability discrimination / failure to accommodate
These cover race and national origin, disability (and accommodations), age (40 and over), religion (and accommodations), sex and pregnancy, sexual orientation and gender identity, in any industry. If something here is familiar, you don't have to be sure before you ask.
Illustrative situations, not client accounts.
Workplace discrimination in San Jose, by race, national origin, disability, age, religion, sex, sexual orientation, or gender identity, is prohibited by California's FEHA. Harassment is covered at any employer size; discrimination claims need five or more employees. You have 3 years to file with the Civil Rights Department, and state-law damages are not subject to the federal Title VII cap schedule.
What could taking action help you pursue?
Depending on the facts, legal action may help recover financial losses, address emotional harm, restore employment opportunities, or require workplace changes. Available remedies depend on the facts and applicable law; no outcome is guaranteed.
Recover what you lost
Lost pay, benefits, hours, and employment opportunities tied to the unlawful conduct.
Address the harm
Compensation for emotional distress may be available where the law provides for it.
Restore an opportunity
Some cases may involve reinstatement, promotion, corrected records, or another job-related remedy.
Create accountability
A resolution may include policy changes, training, or other corrective workplace action.
You do not need a perfect record, or even to know whether what happened was illegal, before asking what your options are.
Common concerns we hear from employees
I never reported it to HR.
You may still have legal options. Not reporting immediately does not automatically end your rights, although the specific facts can affect a claim.
I don't have screenshots or witnesses.
You do not need a complete evidence file before contacting us. We can help identify texts, emails, schedules, witnesses, and other evidence that may matter.
I still work there.
You can ask questions while still employed. Retaliating against a worker for opposing unlawful conduct or asserting protected rights may itself be unlawful.
It was a customer or client, not a coworker.
In some circumstances, an employer may be responsible for the conduct of supervisors, coworkers, customers, clients, or other third parties.
Craig J. Ackermann
Shareholder · Admitted in California
Craig Ackermann represents California employees in wage-and-hour class actions, sexual and racial harassment, discrimination, and retaliation matters. He is licensed in California, Washington, and Texas.
Read Craig's full bio →Real verdicts and recoveries in harassment and discrimination cases.
$15 million
1 plaintiff · Gender pay & promotion discrimination, jury verdict (punitive damages under federal + Oregon law)
Jury verdict, subject to post-trial proceedings. Not a settlement or a collected recovery.
$1.3 million
19 Black construction workers · Racial harassment (hostile work environment)
$1 million
27 Black construction workers · Racial harassment (hostile work environment)
$725,000
14 individuals · Racial harassment (14 individual arbitrations)
Prior results do not guarantee a similar outcome.
What happens after you reach out?
You don't need documents, a lawyer-ready story, or even certainty that what happened was illegal.
- 01
Talk with us
A short initial conversation about what happened and when.
- 02
We assess the record
We identify possible claims, deadlines and evidence that may matter.
- 03
If we take the case
We handle the filing strategy, negotiations and litigation.
Deadlines can depend on where and how you file
California and federal claims may follow different filing routes. These are general time limits, not sequential steps.
Generally, to file an employment-discrimination or harassment complaint with California's Civil Rights Department.
CRD, Employment ↗Often, to file an EEOC charge when the claim is also covered by state or local anti-discrimination law.
EEOC, How to File a Charge ↗Generally, to file a lawsuit after receiving a California CRD right-to-sue notice.
CRD, Obtain a Right to Sue ↗Other claims and exceptions may have different or shorter deadlines. Contact counsel promptly so the applicable dates can be reviewed.
Fair Employment and Housing Act (FEHA)
Cal. Gov. Code § 12940 et seq.
Primary source, Cal. Gov. Code § 12940 et seq. ↗Share what happened in about two minutes. The firm will review your submission and contact you about possible options and next steps. There is no cost or obligation to request a review.
Deadlines and filing issues for workers in San Jose.
- Three years with the CRD can feel like plenty, until the federal 300-day EEOC clock quietly closes the Title VII door while you wait.
- The CRD right-to-sue notice starts a strict one-year countdown to file in Santa Clara County Superior Court.
- Discrimination claims need 5+ employees under FEHA, while the harassment side of the same case may be covered at any size, two different thresholds, two different doors.
- In equity-heavy Silicon Valley jobs, a 'reorg' or 'not a culture add' exit can restart nothing, the deadline runs from the discriminatory act, not from when your options would have vested.
Local filing and enforcement information for San Jose workers.
The sources below are public agency actions and filing information, not this firm's cases. They illustrate how claims have been handled and do not predict the outcome of another matter.
- Age / national origin (hiring), Santa Clara EEOC v. HCL America, Inc. (N.D. Cal.): $495,000 settlement (2026) over allegations the Santa Clara IT-services company refused to hire a qualified 62-year-old applicant of Indian descent for a sales-director role, internal notes reportedly called him 'too old' and urged hiring 'diverse candidates', and gave the job to a younger, non-Indian candidate. official source ↗
These are public government enforcement actions by the EEOC, not this firm's cases. Agency and state filing routes for San Jose follow below.
Where do you file a workplace discrimination claim in San Jose?
California Civil Rights Department
Filing is CENTRALIZED statewide: online via California Civil Rights System (CCRS), phone 800-884-1684, 711 relay, TTY 1-800-700-2320, email contact.center@calcivilrights.ca.gov, or mail to HQ. CRD HQ/mailing is 651 Bannon Street, Suite 200, Sacramento, CA 95811.
File online →EEOC San Jose Local Office
96 North Third Street, Suite 250San Jose, CA 95112
(800) 669-4000 EEOC Public Portal →
Superior Court of California, County of Santa Clara
Downtown Superior Court (DTS)191 North First Street
San Jose, CA 95113
The filing path, step by step
- 1Save the pattern, performance reviews, pay records, accommodation requests, and who got the promotion or the offer. In fast-moving tech workplaces, this evidence gets deleted quickly.
- 2File with the California Civil Rights Department within 3 years, online through CCRS or by phone at 800-884-1684. Filing is centralized statewide.
- 3Or file with the EEOC within 300 days, the San Jose Local Office is at 96 North Third Street, Suite 250, or use the online Public Portal.
- 4After a CRD right-to-sue notice you have 1 year to sue, state claims at the Downtown Superior Court in San Jose, federal claims in the Northern District of California, San Jose Division.
Employment discrimination information in other California cities
- FresnoEmployment-discrimination information
- Long BeachEmployment-discrimination information
- Los AngelesEmployment-discrimination information
- Orange CountyEmployment-discrimination information
- RiversideEmployment-discrimination information
- SacramentoEmployment-discrimination information
Asked by San Jose workers.
At 55 I was passed over for a Silicon Valley role and told they wanted someone 'more junior', is that age discrimination?
It can be. FEHA protects workers 40 and older, and discrimination claims apply at employers with 5 or more employees. Coded language like 'junior,' 'digital native,' or 'energy fit,' plus a younger hire for the same job, can be evidence. You have 3 years to file with the Civil Rights Department, with no cap on damages and attorney's fees.
I'm mocked for my accent and paid less at a San Jose manufacturing job, is that discrimination?
Likely. FEHA bars national-origin discrimination and harassment, accent mockery, slurs, and English-only rules without business necessity, and harassment is covered at any employer size. The valley's manufacturing floors run on immigrant labor. File with the Civil Rights Department within 3 years; state-law damages are not subject to the federal Title VII cap schedule.
My San Jose employer won't accommodate my disability, what are my rights?
FEHA requires California employers with 5 or more employees to engage in a good-faith interactive process and reasonably accommodate you, a modified schedule, adjusted duties, or leave, a duty broader than the federal ADA. Disability harassment is covered at any size. File with the Civil Rights Department within 3 years; state-law damages are not subject to the federal Title VII cap schedule.
Can my Santa Clara County employer deny my religious dress or observance?
Usually not. FEHA requires accommodating religious dress, grooming, and observance unless it causes undue hardship, a stronger standard than federal law. Religious harassment is prohibited at any employer size. File with the Civil Rights Department within 3 years; remedies are not subject to the federal Title VII cap schedule, plus fees.