San Francisco Employment Lawyer Blog

Federal Title VII does not explicitly require employers to grant pregnancy leave. However, it does prohibit pregnancy discrimination. In addition, Title VII does required employer to grant medical leaves which are applicable to pregnant women. However, California’s Fair Employment and Housing Act (FEHA) does specifically give women the right to take a leave of absence for a reasonable time that does not exceed four months. A “reasonable period” of time is the period when a women is considered “disabled” because of her pregnancy or related medical conditions. “Disabled” simply means that she cannot work. An employer is not required to pay the employee during this time.

It is important to note that employers generally cannot force an employee to take pregnancy family medical leave. However, if an employer can show that a woman absolutely cannot do her job, or is “disabled” by the pregnancy, he may be allowed to make her take a leave of absence.

An employer also has the duty to “accommodate” a worker’s pregnancy. This means that if a woman’s doctor recommends she work in a less strenuous or hazardous position, the employer must transfer her to another position or create one. The employer is exempted from this requirement if the accommodation would be an undue burden on the employer. If you are pregnant and your employer has denied you leave, get help today. Contact the attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.

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Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION

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Sexual orientation discrimination is not only wrong, but it is illegal. California law protects individuals from facing this type of discrimination in northern California workplaces. In addition, the law also protects employees from being discriminated against on the basis of their “perceived” sexual orientation. This means that if an employer refuses to hire you because he thinks that you are gay, and you are not, you may still have a legal claim.

It is very important to note that sexual orientation discrimination claims have a strict statute of limitations. A statute of limitations is a time frame in which a claim can be filed. If you have experienced sexual orientation discrimination in California, you must file a complaint with the California Labor Commission no more than 30 days after you are discriminated against. You can only bring a lawsuit if you have filed such a complaint with the Labor Commission.

Sexual orientation discrimination is often coupled with gender discrimination. An example of this occurs if an employer asks an employee to sleep with him and the employee refuses. If the employee mentions she is a lesbian at the time of refusal, and the employer fires her because of it, gender discrimination is also present. If you think that you may be a victim of sexual harassment, get help immediately by contacting Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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If you are sick of being referred to by racial slurs and epithets at your job, you should know this behavior is against both California and federal law. Under the law, your boss is prohibited from discriminating against you on the basis of your race in relation to the terms and conditions of employment. He or she also may not harass you on the basis of your racial or ethnic characteristics. “Race” is typically defined as a person’s ancestry or ethnic characteristics. When discrimination based on race affects the “terms and conditions” of employment, it becomes illegal. Terms and conditions include things such as salary, vacation time, title, training opportunities, etc.

In addition, your boss is also prohibited from discriminating against you because your features are “less Caucasian” than another worker or applicant. This means that if two Latino individuals were competing for a job position, the employer may not select the applicant with lighter skin and more Caucasian features simply because of the way that applicant looks.

Just last week, the Equal Employment and Opportunity Commission (EEOC) settled a lawsuit against a car dealership allegedly involved in racial harassment. The lawsuit claims that the car dealership subjected an African American employee to humiliating and derogatory racial comments. The lawsuit settled for $140,000. If you have also been subjected to repeated racial harassment or discrimination, get help immediately. The team of experienced employment attorneys at Greenberg & Rudman LLP is here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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Sexual harassment is a major concern in California’s workplaces. In 2009 alone, the Equal Employment and Opportunity Commission (EEOC), received over 12,600 allegations of sexual harassment. If you think you have been a victim of sexual harassment, you should know that there are two forms of sexual harassment. The first type of sexual harassment is known as “quid-pro-quo” harassment. “Quid-quo-pro” is a Latin term that means “this-for-that.” This type of harassment involves a trade of sexual favors in exchange for work-related benefits. Therefore, quid-pro-quo harassment occurs if your boss asks you to sleep within him in exchange for your promotion.

The second type of sexual harassment is known as the “hostile workplace.” This type of harassment occurs someone does or says something offensive to make an individual feel uncomfortable because of his or her sex. The offensive conduct must be either severe or pervasive. Therefore, a sexual joke made in poor taste does not necessarily qualify as “hostile workplace” harassment if it is made as an isolated event.

Just recently, Monterey Gourmet Foods was sued for sexual harassment. The lawsuit alleged that the company’s supervisor was allowed to sexually harass Latino workers at is Salinas location. The crew’s leader allegedly made sexual comments, sexual gestures simulating sex with female workers, texted pornography, exposed himself, and inappropriately touched employees. This is sexual harassment, and is unacceptable. If you have had a similar experience at your workplace, get help today. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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California is what is known as an “at-will” employment state. This means that you can be fired for any reason at any time. However, your boss is not allowed to fire you in retaliation. Retaliation is not only wrong, but it is illegal. Prohibited retaliation occurs when an individual is fired, demoted, harassed, or otherwise punished for filing a charge of discrimination, for complaining to their employer or law enforcement agency about employment discrimination, or because they participated in an employment discrimination proceeding.

In addition to retaliation, you cannot be fired for blowing the whistle. “Blowing the whistle” occurs when an employee reports the illegal acts of his or her boss to a government or law enforcement agency. In order for an employee to be covered by whistle blowing statutes, he or she must have reported the illegal behavior to someone outside of the company. If the worker is later terminated for reporting a violation of the law, he or she may be able to sue.

Just recently, a California vineyard was sued by the Equal Employment and Opportunity Commission (EEOC) for retaliation in relation to sexual harassment that had been occurring at work. The EEOC brought the lawsuit on behalf of a young female teenager who was subjected to sexual harassment at work. after she and a group of other employees complained about the harassment, they were all fired. If this scenario is similar to something you experienced, get help immediately. Contact the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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Meningitis is a condition caused by microscopic organisms that spread into the cerebrospinal fluid and blood. It may also be caused by certain drugs and cancer. The most common cause of meningitis is a virus, but bacterial meningitis also exists. This disease can affect anyone in any age group. Common symptoms include fever, chills, headache, nausea, vomiting, seizures, and delirium. If it is not treated, meningitis can be fatal. It is important that an individual receives medical treatment and antibiotics immediately.

Some examples of ways in which you may have been discriminated against on the basis of your meningitis include your boss not allowing you to miss work for medical appointments, your boss not accommodating your need to take a reasonable amount of time off work, your employer not providing you with reasonable on-site accommodations for your disability, and your boss not allowing you to receive emergency medical treatment that is necessary to treat meningitis.

If your boss has been hassling you about the time you have taken off work to recovery or treat your meningitis, you may have an employment claim. To bring an action against your employer for discriminating against you on the basis of your meningitis, you must be able to show that your meningitis meets the legal definition of a disability. In addition, you must be able to show that your meningitis has resulted in physical limitations, that you can still perform the essential functions of your job, and that your boss has taken some form of adverse action against you. “Adverse actions” include things such as refusal to hire, demotion, or termination.

If you think that you may be a victim of discrimination on the basis of your meningitis, get help today. Call the skilled employment attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help you protect your rights at work.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Los Gatos, California is nestled within the greater Santa Clara County. This city is located in the San Francisco Bay Area, near San Jose. Los Gatos is known for many upscale homes and its quaint friendly down-town area. While Los Gatos has a lot of charm, it is not very ethnically diverse. By and large, the majority of Los Gatos residents are Caucasian. Los Gatos does have a significant Asian population that comprises around 10 percent. If you are a minority living or working in Los Gatos, you should know that you are protected against racial discrimination or harassment by California and federal law.

Both California and federal law prohibit race-based discrimination at work. In addition, your employer is prohibited from discriminating against you on the basis of color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Your boss or coworkers are also forbidden from harassing you on the basis of any of these characteristics.

If you are unsure if you have been a victim of discrimination or harassment, you are not alone. Contact our experienced team of lawyers at Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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Sexual harassment is a very complicated area of the law. However, it is sadly commonplace in the workplace. There are two basic types of sexual harassment. Both types are illegal. The first type of harassment is known as “quid-pro-quo” harassment. Quid-pro-quo is a Latin terms that means “this for that.” This type of harassment is, in essence, a trade. Under this form of harassment, a boss asks an employee for sexual favors in exchange for work related benefits. Quid-pro-quo harassment can also occur in the negative. Therefore, it is also illegal for an employer to require an employee to perform sexual favors in exchange for ensuring continued employment.

The second type of harassment is known as the “hostile environment.” This type of harassment occurs when an employee is made to feel uncomfortable on the basis of his or her sex by some act or comment of a coworker or superior. The unwanted behavior must also be offensive to the employee. Therefore, if an employee enjoys exchanging sexual jokes with a coworker, this is not considered sexual harassment. However, if another coworker is made to feel uncomfortable upon hearing these continual jokes, this may be sexual harassment. The offensive behavior must also be severe or pervasive. Therefore, if an employer continually makes comments about an employee’s body that the employee finds offensive, the employee may have a sexual harassment claim.

It is also important to realize that sexual harassment occurs even if an employee does not accept an employer’s proposition. Therefore, if an employer makes sexual demands that are refused by an employee, the employee is still a victim of sexual harassment if he/she does not get the promotion or benefit because the sexual demand was denied. If you have been dealing with unwanted sexual advances at work or unwanted sexual propositions, you may be able to sue. Find out more by contacting the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

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Both federal and California law protect employees from being discriminated against in relation to the “terms or conditions of employment” on the basis of their religious beliefs or practices. “Terms and conditions” include things such as vacation time, salary, title, work schedules, position, etc. Under federal law, an employer must make reasonable accommodations of a person’s religious beliefs in the workplace. However, an employer is exempted from this requirement if the accommodation would be an undue burden on the employer. An “undue burden” is found when the accommodation would be economically hard on the employer or if the accommodation would be unfair to other employees who do not have the same belief.

It is important to realize that religious discrimination may also be compounded by national origin discrimination. National origin discrimination occurs when an employer discriminates against someone because of where they were born. An employer is prohibited from enacting a “U.S. citizens only” policy unless it is required by federal, state, local law, or government contract. In addition, an employer may not ask an individual about his or her citizenship status. An employer may, however, ask if the applicant is legally authorized to work in the United States.

Religious and national origin discrimination is real. In fact, the Equal Employment and Opportunity Commission (EEOC) just settled a religious discrimination lawsuit against the Health Care and Retirement Corporation of America (HCRCA). The company allegedly violated federal law by firing an employee because of her Sikh religion. The HCRCA refused to accommodate the employee’s Sikh belief that required her to wear a kirpan, a small ceremonial dagger. If you have been placed in a similar situation which has led you to choose between your job and your religious beliefs, contact the legal team at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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The “Glass Ceiling” is a phenomenon that occurs when individuals with certain characteristics cannot advance beyond a certain point within a given company. The “glass ceiling” is best illustrated by imagining the hierarchy of a company as a pyramid. The bottom of the pyramid consists of a large number of workers who do the daily work. As one progresses up the pyramid one encounters managers and directors. Further up on the pyramid are vice presidents, senior vice presidents, and executive vice presidents. The Chairman of the Board and the President are located at the top point of the pyramid.

The “glass ceiling” exists whenever an imaginary line can be horizontally drawn through the pyramid and we find that all of the people above all have some similar characteristic. For example, if all the people above the line are white males, women and minorities may encounter the glass ceiling within that company.

Although the “glass ceiling” is an abstract concept, it is very real. Just recently, the Equal Employment and Opportunity Commission (EEOC) settled a “glass ceiling” discrimination case with Outback Steakhouse. The steakhouse company has agreed to pay $19 million for maintaining an environment of sex bias. The lawsuit alleged that female workers were unable to advance to hire paid managerial positions. If you have also hit the glass ceiling at your company, you should seek help to fight for your rights at work. The attorneys at Greenberg & Rudman LLP are well versed in employment law and can help you assert your rights. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

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Race based discrimination and harassment is illegal under both California and federal law. Under both California and federal law, an employer is prohibited from discriminating against an individual on the basis of their race or color in relation to the “terms and conditions” of employment. “Terms and conditions” include things such as salary, vacation time, title, scheduling, etc. “Race” is typically defined as a person’s ancestry or ethnic characteristics. Race-based discrimination is illegal regardless of whether you are Caucasian, mixed race, or any other ethnicity.

Did you know that your employer may also not discriminate against you based your associations with people of a certain race? This means that you cannot be fired because you have friends of a certain race or because you are married to a person of another race. Discrimination on the basis of “color” is also prohibited under the law. This means that your boss may not give preferential treatment to employees or applicants who have more “Caucasian” features than another person. For example, it is illegal for an employer to hire a lighter complexioned applicant over a person with darker features simply because of their color.

Just recently, it was announced that Whirlpool Corporation must pay over $1 million for harassing a female worker because she is black. The Equal Employment and Opportunity Commission (EEOC) brought the lawsuit on behalf of the employee. The lawsuit alleged the appliance manufacturer allowed the plaintiff to be continually harassed by a white male coworker. The racial harassment escalated into a physical assault.

If you have suffered through a similar situation, get help today. Call the experienced team of lawyers at Greenberg & Rudman LLP. Call us for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more.

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Belmont, California is part of the greater San Mateo County and the San Francisco Bay Area. This city is home to Notre Dame de Namur University. On the university campus sits Ralston Hall, a mansion that was built by William Ralston, the founder of the Bank of California. Belmont is home to over 24,900 residents. Belmont’s population is quite diverse and includes an Asian population consists of around 20 percent of the entire city’s population. In addition, Belmont has a large Hispanic/Latino population that includes around 13 percent of the city’s inhabitants.

If you live or work in the Belmont area, you should know that your boss is prohibited from discriminating against you on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). In addition, your employer or coworkers may not harass you based on any of these characteristics. You are protected against this type of discrimination and harassment under California’s Fair Employment and Housing Act (FEHA) and federal law.

If you believe that you have been a victim of discrimination or harassment, act immediately. The experienced attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Protect your rights, call today.

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