San Francisco Employment Lawyer Blog

A McDonald’s franchise just recently agreed to pay $90,000 to settled a disability discrimination lawsuit brought by the Equal Employment and Opportunity Commission (EEOC) on the behalf of a worker with an mental disability. According to the lawsuit, the McDonald’s worker was subjected to harassment based on his intellectual disability. The harassment included calling him names, offensive remarks, and physical shoving and threats. While complaints were made on the worker’s behalf, the store allegedly failed to take appropriate action.

Harassment based on intellectual disability is illegal under the federal Americans with Disabilities Act (ADA). In addition, California’s Fair Employment and Housing Act (FEHA) provides similar protection to disabled individuals. However, FEHA is more expansive in some areas. Under the ADA, an employee is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity, if a person has a history of a disability, or if a person is believed to have a non-transitory physical or mental impairment. Under California’s FEHA, a person may be considered disabled if he/she has a disability that limits a major life activity. Thus, in California, the limitation does not need to be “substantial.” In addition, under the ADA, employment is not necessarily considered a major life activity. However, under FEHA, work is always considered a major life activity.

In order for an individual to make a claim under the ADA or FEHA, he or she must be a “qualified individual with a disability.” This means that the employee must be able to do the job he or she was hired to do. If you have been a victim of employment discrimination, get help now. Contact the skilled lawyer 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.

Were you aware that discrimination based on a “perceived” disability is illegal under California and federal law? Just recently, the Equal Employment and Opportunity Commission (EEOC) announced it has settled a perceived disability discrimination lawsuit with a car dealership for $32,500. This lawsuit arose when the dealership reneged on its job offer to an applicant after a urine test revealed the applicant was taking prescription drugs. The EEOC alleged the company wrongfully perceived that the applicant would not be able to do the job despite normal test results and medical authorization.

If you are a disabled individual fighting workplace discrimination, or an individual who was denied a job based on your perceived disability, you may be able to sue. The Americans with Disabilities Act (ADA) forbids employers to make stereotypes about people suffering from disabilities. In addition, under the ADA a potential employer may not ask a job applicant to answer medical questions or to take a medical exam before extending a job offer. In addition, an employer may not ask applicants if they have a disability. However, an employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

In most cases where employees have already started work, your employer may only ask medical questions or require a medical exam if that employer needs documentation to support an employee’s request for an accommodation. The employer may also ask for medical testing if the employer believes the employee is unable to perform the job successfully or safely due to a medical condition. If you have been a victim of perceived disability discrimination, act now. Contact the group of lawyers 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.

A female employee of HD Supply, Inc., one of the largest building materials wholesaler, just settled a lawsuit against the company regarding sexual harassment and retaliation in the workplace. The worker alleged that a co-worker repeatedly groped her breasts and crotch, forcibly kissed her, and engaged in other inappropriate behavior in front of customers. The employee complained to her manager who, in response, made a lewd gesture and laughed off the allegations. The Equal Employment and Opportunity Commission (EEOC), who brought the lawsuit on the worker’s behalf, also claimed she suffered retaliatory harassment including pranks and ridicule.

There are two main types of illegal sexual harassment. The first type of sexual harassment is known as “quid-pro-quo” harassment. This is what most people consider “harassment,” and it involves an employer asking for sexual favors in exchange for work-related benefits. Thus, if your boss asks you to sleep with him in order for you to get a raise, you are a victim of quid-pro-quo harassment. The second type of harassment is a bit more complicated. This type is known as the hostile workplace. Hostile workplace harassment occurs when an offensive behavior makes a worker feel uncomfortable because of his or her sex. The offensive behavior must also be severe or pervasive.

If you have been a victim of either hostile workplace harassment or quid-pro-quo harassment, you are not alone. In fact, in 2009 alone, the EEOC received over 12,600 allegations of sexual harassment. If you think you may have been a victim of sexual harassment, contact the team of 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. Our lawyers will help guide you through this process.

Retaliation for complaining about harassment or discrimination at work is not only wrong, it is illegal. Generally, any law that makes harassment or discrimination illegal also makes it illegal for an employer to retaliate or “punish” an employee for protecting him/herself under the laws. Retaliation is against the law in relation to any aspect of employment. This means that your boss cannot retaliate against you in relation to hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.

Retaliation provisions of the Americans with Disabilities Act or federal Title VII claims apply to all employers with 15 or more employees. Similar provisions in the Age Discrimination in Employment Act apply to employers with 20 or more employees. In addition, mostly all employers are covered under the Equal Pay Act. For federal claims, employees have 180 days to file a charge. This may be extended by state law. However, federal employees only have 45 days to contact an Equal Employment and Opportunity Counselor.

Just recently, the Equal Employment and Opportunity Commission (EEOC) brought a lawsuit against a medical transportation company for sexual harassment and retaliation. The female employee involved in the lawsuit alleged she was a victim of sexual harassment by a top manager who often made sexual comments and who demanded sexual favors in exchange for raises. After the employee complained, she was fired shortly after. If you were fired or otherwise punished after trying to protect your rights, or after participating in a discrimination proceeding, you may be a victim of retaliation. Get in touch with the group of lawyers 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.

If you are dealing with a serious illness and need to request medical leave from work, the last thing on your mind should be worrying about losing your job. In fact, if your boss fires you because you have requested medical leave, you likely have an employment claim against your employer. Just last week, a judge signed a consent decree which allowed Direct Wines to pay $50,000 to end a disability discrimination lawsuit filed by the Equal Employment and Opportunity Commission (EEOC). The lawsuit alleged that the employer had violated the federal Americans with Disabilities Act (ADA) by refusing to accommodate an employee who requested leave during a busier season for her heart surgery.

The ADA applies to employers with 15 or more employees. Under this Act, an employer cannot discriminate against an employee or applicant because he or she had a history of a disability (such as cancer) or because he or she is believed to have a physical or mental impairment. In addition, your boss is required to provide you with a reasonable accommodation for your disability. Your boss is only excused from this requirement if the accommodation would be an undue hardship on him/her. An “undue hardship” is something that would be a substantial expense to the employer. However, an employer cannot refuse an accommodation simply because it involves some cost.

In addition, the ADA protects workers from being discriminated against because of their relationship with someone who has a disability. This means that it would be illegal for your boss to discriminate against you because your spouse has a disability. If you believe you have wrongfully been denied medical leave, get help now. 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.

Walmart Stores have agreed to settle a sex discrimination lawsuit for $11.7 million. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) on behalf of several female applicants. The lawsuit alleged that Walmart denied women entry level jobs between 1998 and 2005. During this time, Walmart allegedly continued to hire lesser qualified male applicants for the same positions. Gender discrimination is a serious issue. If you have been denied a job while a lesser qualified male applicant received the position, you may also be a victim.

Were you aware that the law protects you against unlawful sex discrimination? Actually, both California and federal law protect both male and female employees from sex-based discrimination. California’s Fair Employment and Housing Act (FEHA) and federal Title VII forbid an employer from discriminating against an employee on the basis of sex. If the discrimination affects any of the “terms and conditions” of employment, it becomes illegal. “Terms and conditions” may include things such as scheduling, salary, vacation time, titles, etc.

There are two main types of gender discrimination. The first type is known as disparate treatment discrimination. This is a “straight-forward” type of discrimination that occurs when an employee is treated more or less favorably because of his or her sex. The second type of gender discrimination is known as “disparate impact” discrimination. Disparate impact discrimination occurs when a company policy tends to exclude one sex from a certain job or promotion. The policy was not intended to have this effect, but was merely the unfortunate side-effect. Both types of discrimination are illegal. If you think that you may be a victim of either type of gender discrimination, act now. Contact our team of lawyers 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.

Glaucoma is a type of disease that affects the optic nerve. The type of damage that glaucoma can cause depends on each individual case. If left untreated, Glaucoma can lead to permanent eye damage and can eventually result in complete blindness. Even with proper treatment, glaucoma typically leaves the individual somewhat visually impaired. Some types of medication, such as medicated eye drops, may help alleviate problems caused by this condition.

If you have glaucoma, you may be a victim of employment discrimination without being aware of it. Some examples of illegal discrimination include your boss not allowing you to miss work for medical appointments, your employer not allowing you to take a reasonable amount of time off work, your boss not providing you with reasonable on-site accommodations, and your employer not providing you with Braille materials or adaptive computer software.

If you have been a victim of discrimination based on your glaucoma, get help now. You may be able to bring a lawsuit against your employer if you can show you glaucoma meets the legal definition of a disability. In addition, you must be able to show that your glaucoma has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken some form of adverse action against you. “Adverse actions” may include not hiring, firing, or demoting you. If you think that you may have been a victim of discrimination based on your glaucoma or other visual impairment, find out how to protect yourself by calling 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.

Dixon, California is located in Solano County. It is home to over 16,100 people and Gymboree Corporation’s only distribution center. This city was originally suppose to be named, Dixonville, after a famous resident who had donated land to build a railroad depot. Dixon is only 23 miles away from California’s state capital, Sacramento.

If you are an employee in the Dixon or Solano County area, you should know that you are protected by California and federal employment laws. This means that your boss may not discriminate against you, or treat you less favorably than other employees, on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Also, it is illegal for your boss to harass you, or allow others to harass you, on the basis of any of these characteristics. This means, for example, that your boss may not allow other employees to continue to harass you because you believe in a certain religion.

If you have been a victim of unlawful discrimination or harassment, get help now. If you are unsure of whether you have been on the receiving end of illegal employment practices, call the experienced attorneys at Greenberg & Rudman LLP 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.

Windsor, California is a town located in Sonoma County. This town was originally settled by Europeans in 1851. This city is home to over 25,700 residents. However, Windsor is not a very diverse city. Most of its residents, over 78 percent, are Caucasian. Windsor, California’s largest minority population includes people from Hispanic/Latino backgrounds. However, it’s important to understand that regardless of your city’s make-up, you are still protected from race-based employment discrimination.

Employment discrimination is a growing concern in American cities. In 2009 alone, there were over 93,000 allegation of employment discrimination or harassment in the workplace filed with the Equal Employment and Opportunity Commission (EEOC). If you live or work in Windsor, California you should know that it is illegal for your boss to discriminate against on you on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Moreover, your boss cannot harass you, or permit others to harass you, on the basis of any of these characteristics.

If you have faced employment discrimination or harassment, get help immediately. The skilled lawyers at Greenberg & Rudman LLP are here to 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.

Sexual harassment by males towards other males is not as uncommon as one might imagine. In addition, it is illegal under California and federal law. If you continually face sexual innuendo, inappropriate touching, comments about your body, and/or crude sexual jokes, you are not alone. In fact, what you are experiencing may be what is known as the “Hostile Workplace.” The hostile workplace is a specific type of sexual harassment. This type of harassment occurs when an employer, supervisor, or co-worker does or says something that makes you feel uncomfortable because of your sex. This type of harassment does not need to include an exchange of sex for a job benefit.

The conduct that makes you feel uncomfortable must be offensive. This means that if two employees enjoy exchanging sexual jokes, it would not be harassment. However, if one employee keeps telling sexual jokes to another employee who was offended, this may be a hostile workplace. In addition, pictures, touching, leering, and unwanted request for dates have all been found to be sexual harassment by the courts. Also, either a man or a woman can be either the victim or the harasser. Thus, men can be harassed by other men or women.

In order to constitute a hostile workplace, the harassment must be either severe or pervasive. This means that a one-time crude comment would not create a hostile workplace. However, repeated crude comments may create a hostile workplace. If you have been a victim of sexual harassment, get help today. Contact the skilled lawyers 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.

Just last week, a major east coast financial company agreed to settle a disability discrimination lawsuit. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) on behalf of a hearing-impaired former worker. The lawsuit alleged that she was denied a reasonable accommodation for her disability. The former employee, Linda Hewett, had worked for the bank as a senior teller and was denied a transfer to a vacant position for which she was qualified. As a result, she was forced to resign from her job because she was no longer able to perform her duties due to her progressive severe hearing loss. The EEOC alleged she was denied the reasonable accommodation of a reassignment. The lawsuit recently settled for $24,000.

Disability discrimination is a significant problem in the American workforce. In 2009 alone, the EEOC received over 21,000 allegations of disability discrimination. The federal Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. This act prohibits disability discrimination against any qualified individual with a disability. A “qualified individual” is one who is able to complete the essential elements of the position with or without reasonable accommodation. In addition to a prohibition of disability discrimination, it is also illegal for an employee or applicant to be harassed because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory.

If you have been a victim of disability discrimination or harassment based on your disability, get help immediately. Disability discrimination is not only wrong, it is against the law. The skilled attorneys at Greenberg & Rudman LLP can walk you through the process of asserting 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.

The Equal Employment and Opportunity Commission (EEOC) brought a lawsuit on behalf of a Seventh-Day Adventist who was fired after refusing to work on the Sabbath. The EEOC sued the employee’s former company for religious discrimination an alleged the company violated federal law by denying a religious accommodation for its employees. The EEOC is seeking back pay, compensatory damages, and punitive damages for the alleged victims of the religious discrimination.

Religious discrimination is prohibited under both California and federal law. Under the law, an employer may not discriminate on the basis of religion in relation to any of the “terms and conditions” of employment. “Terms and conditions” include things such as interviewing, termination, vacation time, titles, salary, etc. In addition, an employer is required to make reasonable accommodations for a person’s sincerely held religious beliefs. The employer is excused from this requirement only if the accommodation would impose a significant economic burden or when accommodating the religious belief would be unfair to other employees who do not have the same beliefs.

In addition, it is inappropriate for your boss to ask you about the specifics of your religious beliefs, your availability to work for holidays based on religion, and to require to you to violate your religious beliefs or practices. If you have been a victim of religious discrimination, get help today. The attorneys at Greenberg & Rudman LLP are well versed in employment law, and can help you protect 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.