Sample Employment Law Topics:
Workplace discrimination takes many forms. The most common is age discrimination, mental or physical disability, gender, sexual orientation, religion, race, and pregnancy. Discrimination can be explicit and most often conducted in a subtle manner. Regardless of the type or the manner in which discrimination exists it negatively affects the victim’s professional and personal life. Discrimination can also exist when it results in the employee having less favorable workplace conditions, reduced hours, or when it results in termination. California law protects employees who have been discriminated against in the following type:
- Mental and Physical Disability Discrimination
- Pregnancy Discrimination
- Sex Discrimination
- Gender and Gender Expression Discrimination
- Sexual Orientation Discrimination
- National Origin and Ancestry Discrimination
- Age Discrimination
- Race and Color Discrimination
- Religious Discrimination
- Marital and Family Status Discrimination
- Medical Condition Discrimination
In California, employers have a legal duty to engage in good faith in an interactive process with the employee to determine the reasonable workplace accommodations available to accommodate the employees’ disability. Moreover, employers are not legally allowed to demote, terminate, fail to promote, or otherwise treat employees differently because of a disability. Examples of reasonable accommodations include changes to the work environment, flexible work schedule, changes to the employee’s job duties, or providing the needed equipment to help complete the essential job functions. Each situation is unique, and a detailed evaluation of the accommodation requested, the essential job duties, and the response is needed to determine if a valid claim exists.
Termination in Violation of Public Policy such as:
- Refusing to work in an unsafe work environment
- Race, Sex, Sexual Orientation, Religion, Nationality, or Disability
- Taking Family / Medical Leave
- Requesting accommodation for a disability
- Reporting unlawful activities to the labor board or other government agencies.
In the State of California, there exists a public policy that employees who complain of illegal or fraudulent activity to their supervisor or other appropriate government agency should not be retaliated again. Pursuant to California Labor Code Section 1102.5, an employer who retaliates against an employee who is a whistleblower, the employer may be required to not only reinstate the employee’s employment but also pay lost wages, as well as the attorney’s fees and costs incurred in bringing a civil lawsuit against the employer. Simply put, this means that an aggrieved employee pays does not have to pay anything out of pocket in obtaining an attorney and pursuing his/her rights against his/her employer.
Each situation is unique, and a detailed evaluation is needed to determine if a valid claim exists. That’s why we provide a free, no-obligation consultation to all potential clients to determine if a valid claim exists.
