San Francisco Employment Lawyer Blog

A former worker for American Apparel, Roberto Hernandez, sued the company in a California court for wrongful termination. Hernandez asserts that he was fired one week after he refused to pad American Apparel’s balance sheet and to make the company appear more appealing to investors. The company contends that it fired Hernandez for “legitimate reasons.”

California is an “at-will” state. This means that your employer can fire you at any time, for any reason. However, your employer may not discriminate against you for reporting your employer’s illegal behavior to authorities. “Retaliation” occurs when an employer fires an employee for engaging in a legally protected activity.

In order to support a claim for retaliation, you must be able to show three things: (1) You took part in a legally protected activity, (2) Your employer negative acted against you; (3) Your behavior was what caused your employer to act.

If you believe that you have been wrongfully terminated, or a victim or retaliation, contact Greenberg & Rudman, LLP. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We can help you protect your employment rights.

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If you are a Bay Area employee with Tourette Syndrome, you should know that you may be considered medically disabled. However, not all medical issues are disabilities. In order for your Tourette Syndrome diagnosis to be considered a medical disability you must show that the syndrome resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer has taken some type of adverse action on the basis of your disability.

Many people are aware that Tourette Syndrome may cause people to shout obscene and inappropriate words and phrases in public. However, there are many milder versions of Tourette Syndrome that have more subtle effects on the individual. Tourette Syndrome is a brain disorder that often develops early in a person’s life. The syndrome causes physical and vocal tics. Tics are involuntary, sudden, repetitive movements involving muscle groups. These tics can often be controlled with therapy and/or medication.

If you are a Northern California resident and your case of Tourette Syndrome fits the definition of a medical disability, you should know that your employer may not discriminate against you based your condition. Employer discrimination often takes the form of your employer not allowing you to take time off work for your appointments, not allowing you to take a reasonable amount of time off work, or not allowing you to take time out of work for therapy sessions. If you believe you are a victim of medical discrimination, call Greenberg & Rudman, LLP. You can reach us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation, or visit us online at www.discriminationattorney.com. We are here to help.

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Almost 40 percent of residents in Santa Rosa speak a language other than English at home. Santa Rosa is the fifth most populous city in the Bay Area. Part of California’s wine country, Santa Rosa is home to some very serene natural beauty.

As Santa Rosa is home to so many people, it is important that workers in the area know that they have the right to be protected in the workplace. If you are a resident in Santa Rosa, you should know that your employer may not discriminate against you based on your race, ethnicity, religion, sexual orientation, age, nationality, or gender. You are also entitled to a work environment free of harassment.

If you are living in Santa Rosa and you believe that you are the victim of harassment or discrimination, contact discrimination attorneys at Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. We are here to help you. You can also visit us at www.discriminationattorney.com to learn more.

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NY Hospitals St. Joseph’s Hospital Health Center and Crouse Hospital were sued in class action lawsuits and charged with not giving their hourly employees pay for missed or interrupted lunch breaks. According to a lawyer at the firm that brought the suit, it is not uncommon for healthcare workers to have lunch breaks that are frequently interrupted or missed.

According to federal law, however, employees are protected from missing their lunches. The federal law states that an employer typically does not have to pay an employee for meal periods that are 30 minutes or less. However, during the meal break, the employee must be completely relieved form work responsibilities. If this requirement is not met, the employee must be paid.

Over 180 individuals are involved in the two class actions. If you believe that your employer has not given you your required breaks, or if your breaks have been continually cut-short, contact Greenberg & Rudman, LLP. We will meet with you for a free consultation. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation about your legal rights or visit us at www.discriminationattorney.com to learn more.

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The State Compensation Insurance Fund (SCIF) announced that it will raise its premiums 8.9 percent for 2009. SCIF is a San Francisco non-profit enterprise fund that acts as a mutual insurance carrier. This rate increase could affect SF area employees that have been injured, or are later injured on the job. SCIF insures over 200,000 employers in California. The organization generated over $2.3 billion last year in premiums.

Premium increases typically affect some industries more than others. Construction, manufacturing, retail, and transportation are industries that may find it harder to meet the growing costs.

SCIF says that it increased its rates as a result of medical care inflation. Officials say that medical care has grown over 12 percent annually over the past two years. If you have been injured on the job, you should know that worker’s compensation programs are established to protect you. If you have been hurt at work, contact Greenberg & Rudman LLP, at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. Our experienced employment lawyers can help you navigate the complex and often confusing workers compensation system.

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If you owe money to a creditor, and they obtain a court judgment against you, the creditor may collect by taking a portion of your paycheck until the debt is paid in full. This is called a wage garnishment.

This process starts when a creditor receives a judgment for payment. The creditor then delivers a copy of the judgment to the sheriff or marshal, and they deliver it to your employer. At this point, your employer must immediately notify you of the garnishment, begin withholding a portion of your paycheck, and give you information on how you can protest the garnishment.

In California, your employer may charge you $1.50 per paycheck for processing the wage garnishment. An employer, however, is also liable for any amount of child support payments that are not withheld or not forwarded with interest.

As an employee in California, you have the right not to be fired or discriminated against for being threatened with a wage garnishment. Under the Consumer Credit Protection Act, you are protected from having creditors take more than 25 percent of your net earnings through wage garnishment. If you believe that you have been treated unlawfully in relation to your rights and wage garnishments, please contact Greenberg & Rudman LLP. We can help you determine if you have an employment claim. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com.

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Women in Silicon Valley should be aware of their rights in the workplace upon return after pregnancy. Rights may vary based on the duration of pregnancy leave.

CA Women’s Pregnancy Leaves that are Four Months or Less
Bay Area women who have taken pregnancy leave of four months or less are entitled to return to the same position. An employer can only reinstate a woman to a comparable position if her position is no longer available. An example of when a position would no longer be available is if there was a layoff due to a plant closure. In this instance, the employer should offer the woman a position that is similar in pay, location, job type, and promotional opportunities. If the employer does not do this, he/she must be able to show that no comparable position exists. It is against the law for an employer to refuse to return a woman to her job if they prefer her replacement to her, or if during absence the employer identified inefficiencies in the woman’s job performance.

California Women’s Pregnancy Leaves Greater than Four Months
If you are a woman in Northern CA returning to work after a leave of greater than four months, you still have rights upon going back to work. If pregnancy disability extends beyond four months, or if a woman takes an elective leave that is not a California Family Rights Act (CFRA) leave, the woman is entitled to the same rights given to other employees who have taken non-pregnancy related leaves.

If you are a woman living in the Bay Area, and you believe that your rights upon returning to work after a pregnancy leave have been violated, please contact us at Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. Our experienced employment attorneys can help you determine if you have an employment claim, and we will walk you through the process of protecting your rights.

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Sexual harassment is against the law. Bay Area residents should know that they are entitled to a workplace free of harassment. According to the Department of Fair Employment and Housing (DFEH), sexual because of sex includes: sexual harassment, gender harassment, harassment based on pregnancy, childbirth, or related medical conditions.

Sexual harassment is defined as unwanted sexual advances, or any visual/verbal/physical conduct that is of a sexual nature. This definition includes many types of offensive activity and includes harassment of a person of the same sex as the harasser. The follow is a list of some examples of sexual harassment:

• Undesired sexual advances


• Offering employment benefits in exchange for sexual favors


• Threatening retaliation after a rejection of sexual advances


• Visual conduct such as leering, sexual gestures, displaying suggestive objects/pictures/cartoons/posters


• Verbal conduct including making or using derogatory comments, epithets, slurs, jokes


• Verbal sexual advances or propositions


• Verbal abuse of a sexual nature, comments about an individuals’ body


• Physical conduct including touching, assault, blocking movements

If you believe that you have been sexually harassed in the workplace, contact the lawyers at Greenberg & Rudman LLP, at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We can help you fight harassment.

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Owners of Delta Valley Convalescent Hospital in Stockton, CA were accused of discriminating against Karen Smith, an employee who was diagnosed with Aortoliliac Occlusive Disease and Femoral Artery Disease, which affect multiple parts of her body system.

When Smith talked to her employer about her diagnoses, her request for medical leave for surgery was denied and her employment was terminated. As part of the settlement, the hospital will pay $65,000 and the owners agreed to attend an annual training program emphasizing disability discrimination. Employers also agreed to display the Department of Fair Employment and Housing (DFEH) poster. The poster advises employees about their employment rights. Owners did not admit liability.

According to the DFEH, disability discrimination is prohibited by CA law. An employer may only discriminate against a person based on their disability if the employer can show that: (1) The person is unable to do the essential functions of the job, and that no reasonable accommodations exist that would enable the person to perform the essential functions of the position, or (2) The person would create an immediate danger to him/herself or others by performing the job, and that no reasonable accommodation would reduce that danger.

The DFEH also notes that an employer may not discriminate against an individual based on their disability because accommodating such individual would cause their insurance rates to increase. Also, the employer may not discriminate based on disability because there may be a potential future harm to the employee or other persons.

If you are a CA resident and you believe that you have been a victim of discrimination based on your medical disability, call Greenberg & Rudman, LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We can help you protect your employment rights.

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Just this month, a former San Francisco Muni bus driver has sued the city of San Francisco alleging that he was fired for complaining about harassment after reporting a senior bus driver was not doing his job properly. The driver, Mr. Wong, accidentally killed someone as he was driving his bus in 2002. After the incident, Wong was transferred to office duty. During his time working in the office, Wong contends he reported problems in the workplace and management failed to respond. After this, Wong alleges he was “singled out, threatened to ongoing verbal abuse by his co-workers and managers.” Wong contends that managers ignored employees calling him a racist and lunatic.

Wong is seeking $70,000 a year position back and unspecified monetary damages over $25,000. While it is still unclear whether or not Wong was the victim of harassment, if he was, then it is against the law. If you believe that you are a victim of harassment, you should know you are not alone. Contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We can help you fight harassment.

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If you are a Nor-Cal resident, you are protected under the law for reporting potential violations of the law at your place of work. Your employer may not harass or discriminate against you, based on your reports. Whistle blowing laws generally protect employees who report activities that are illegal or against public interest.

Under CA law, an employer may not have a policy that prevents employees from disclosing information to an agency in charge of enforcing the law. Your employer may also not retaliate against you for engaging in “protected” activities. Protected activities include:

• Complaining about discrimination against yourself or others


• Threatening to file a charge for discrimination


• Picketing to oppose discrimination


• Refusing to obey an order that is reasonably believed to be discriminatory.

If you have engaged in any protected behavior, or have been a whistleblower in your company, and believe that your employer has retaliated against you based on your actions, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. Greenberg & Rudman LLP are here to help!

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Even though it may be hard to believe, many people are still confronted with religious harassment at work. Over a year ago, a Sikh family in San Jose was being harassed in their own neighborhood. Just last month, a female Sikh employee at National Wholesale Liquidators was harassed by her employer. Her boss told her to remove her turban because she “would appear sexier without it.”

Silicon Valley is the home to many Sikh families, and should take note of these cases of religious harassment in the workplace. Employees should be aware that workplace harassment is illegal. National Wholesale Liquidators paid $255,000 to the employees who were joined in the harassment suit.

Harassment is against the law. Harassment is defined as unwelcome conduct that may be based on religion, race, color, sex, national origin, age, and/or disability. This conduct becomes illegal when (1) enduring the conduct becomes a condition of keeping your job, OR (2) the harassing behavior is to such an extent that a reasonable person would consider the work environment intimidating, hostile, or abusive.

If you believe you are a victim of harassment at your place of work, or you have questions, you should not remain silent. Contact Greenberg & Rudman LLP, at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you stand up for your rights to a safe and non-threatening work environment.

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If you are an employee working in the Fremont area in Northern California, you should know that discrimination in the workplace is against the law in CA. Fremont is a highly diverse area, with a large Asian and mixed race population. This city is part of the tech-oriented Silicon Valley. Regardless of your race, you are protected under the law and your Bay Area employer may not discriminate against you based on your race. It is also illegal for employers to discriminate based on ethnicity, religion, sexual orientation, age, gender, or nationality.

If you are a Fremont worker, and you believe that you have been a victim of discrimination, call us at the law offices of Greenberg & Rudman LLP for a free consultation at (1-800-ALAWPRO or 1-800-252-9776) or visit us at www.discriminationattorney.com. We are here to protect your rights in the workplace.

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Are you a CA resident? Have you suffered a stroke? If so, you should know that your employer may not discriminate against you based on a medical disability, and your stroke may constitute a medical disability. However, not all medical issues are disabilities. In order for your stroke to constitute a medical disability you must show that your stroke resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer has taken some type of adverse action on the basis of your disability.

A stroke is a brain condition that occurs when the flow of blood to the brain is interrupted. The loss of blood flow to the brain can cause impairments, and loss of brain function. It is very important to identify a stroke as soon as possible, and to seek medical consultation. Sometimes patients will undergo occupational, speech, or physical therapy.

Your employer may not discriminate against you based on your stroke. Discriminating actions include not allowing you to miss work for medical appointments, or not allowing you to take a reasonable time off work. If your employer does not allow you to miss work to seek therapy, or if your employer refuses to make reasonable accommodations in the workplace for your disability, you may be a victim of discrimination.

If you have questions about whether your stroke or other medical condition constitutes a medical disability, or if you believe you are a victim of discrimination based on your disability, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation with one of our discrimination lawyers or visit us at www.discriminationattorney.com. We are here to help.

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The Occupational Safety and Health Act (OSHA) requires all private employers to maintain safe working conditions for its employees. OSHA requires all employers to protect workers from “recognized hazards.” The law, however, does not specify what constitutes a “recognized hazard.” This means that a wide range of injuries, including small abrasions to long-term health issues due to exposure to toxins, etc. are potentially covered.

If you have questions about the injury you have sustained in the workplace, contact us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. At Greenberg & Rudman LLP, we have worked to protect the rights of our clients and have won millions in awards. You can also visit us online at www.discriminationattorney.com.

Under OSHA, you are not just protected in the “workplace.” You are entitled to be kept safe wherever you are working, even if that is in a vehicle or outdoors. Your employer must also display the OSHA poster in a visible spot. This poster explains your rights to a safe workplace. An employer’s failure to display this poster, is itself, a violation of OSHA.

Employees’ Duties Under OSHA
As an employee, you also have duties under the Occupational Safety and Health Act. As an employee you should take the time to read the OSHA poster and comply with its regulations. Employees should also take steps to protect themselves and comply with employer safety and health regulations. If you sustain a job related illness, report it to your employer promptly and seek medical advice. Also, if you notice a hazardous condition in the workplace, report it to your employer.

Proving an OSHA Violation
Proving a violation of the Occupational Safety and Health Act, you must provide evidence of two things. One, you must show that your employer failed to keep the workplace free of a hazard. Two, you must also show that the particular hazard was recognized as being likely to cause death or serious physical injury. If you face difficulties in having your company correct a safety issue, you may file a complaint with OSHA. You can visit them online at www.osha.gov. A complaint form can be obtained at any OSHA office, or you can telephone your nearest branch.

If you believe you have a claim under OSHA, or have concerns about the safety of your workplace, please contact us at (1-800-ALAWPRO or 1-800-252-9776). We can help you protect your health and safety.

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If you are a CA employee paid hourly, you should know that the minimum amount your employer can pay you is generally $8.00. There are some exceptions that vary by type of work. For example, you may not be entitled to minimum wage if you are the spouse, child, or parent of your employer or if you are an outside sales person. You should also look at your specific city’s controls on minimum wage, as some cities have passed their own minimum wage regulations.

California, unlike some states, does not have a tip credit. A “maximum tip credit” is the maximum amount of dollars that an employer can subtract from an employee’s hourly wage if the employee gets tips on the job. However, the leftover amount cannot be less than the state minimum wage. If there is a surplus, the employee gets to keep it.

If you believe that your CA employer is paying you less than minimum wage, or if your employer is wrongfully subtracting a “tip credit” from your hourly wage, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation. We can help you determine if you have an employment claim based on your employer’s actions. You can also visit us at www.discriminationattorney.com. We are here to help you protect your rights in the workplace.

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As a Northern California worker you should know that you are entitled to meal and rest breaks under CA law. If your employer is not providing you with your rightful breaks, you may have an employment claim. Call Greenberg & Rudman LLP at (1-800-ALAWPRO) for a free consultation. We can help you determine if you have an employment claim, or you can also visit us at www.discriminationattorney.com.

Basics of CA Meal and Rest Break Requirements
Most California employers are required to give employees a 30 minute unpaid meal break. This break should be taken after five hours of work. The employer and employee may agree to waive the meal break if the workday consists of 6 hours or less. The employee cannot work more than 10 hours a day without a second 30 minute meal break. However, if a workday is 12 hours or less, the second meal break may be waived if the first meal break was not waived.

Bay Area workers are entitled to a paid 10 minute rest period for each 4 hours worked. This rest break is not required for workers who work less than 3.5 hours a day. Also under CA law, an employee is entitled to take reasonable time to breastfeed an infant or to express breast milk. This is unpaid unless take concurrent with other break time.

There are some exceptions to CA’s break requirements. These requirements do not apply in the motion picture, agriculture, wholesale baking, and household occupation industries. If you have questions about whether your employer is included in this exception, don’t hesitate to call us at 1-800-ALAWPRO or 1-800-252-9776. We are here to help!

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The US Equal Employment Opportunity Commission (EEOC) is an excellent resource for Northern CA employees and employers. Valuable information can be found online at www.eeoc.gov. EEOC is a collaboration of all the Equal Employment Opportunity laws that prohibit discrimination and protect employees in various ways. The Equal Employment Opportunity Commission’s website also has a general description of what “discrimination” means, and examples of what constitutes discrimination. The EEOC provides information to employees and employers about what types of companies are covered by the Equal Employment Opportunity laws.

If you are an employee who has discrimination concerns, the EEOC provides target information for specific types of discrimination: Age, disability, equal pay, national origin, pregnancy, race, religion, retaliation, sex, and sexual harassment. The Equal Employment Opportunity Commission also provides information on filing a discrimination charge with the EEOC. This section includes information on who can file a charge, how the charge must be filed, what must be included in the charge, time limits on filing, etc.

If you look at the EEOC website, you can find out more about what your rights are as an employee or employer. If you believe that your rights have been violated, or if you have questions about Equal Employment, don’t hesitate to contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We are here to help, and we can walk you through this process.

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If you are an employee in the Bay Area, you should be aware that you have the right to unpaid leave under the Family Medical Leave Act (FMLA). Under FMLA, an employee is eligible for up to 12 weeks of unpaid leave during any given year for the birth/adoption of a child, family health needs, or the employee’s own health needs.

Your Rights Upon Return to Work Under the Family Medical Leave Act
Under the FMLA, not only are you eligible for 12 weeks of specific life circumstances, but you have rights upon your return to work. Your employer must not only allow you to take the leave, but he/she must allow you to return to the same or similar position that you held before the leave. Your employer must also continue to make the same benefit contributions as you were receiving before going on leave. The employer need not, however, pay any additional benefits that are not generally paid to employees. Seniority and pension need not be accumulated during the leave.

Employers who violate the act, or who retaliate against individuals seeking protection under the Act, may be required to pay back pay, damages, etc. If you believe that your rights have been violated under the Family Medical Leave Act, call Greenberg & Rudman LLP for a free consultation at 1-800-ALAWPRO or 1-800-252-9776. We are here to help protect you and your family. You can also learn more about us at www.discriminationattorney.com.

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Silicon Valley has a very diverse workforce comprising individuals from many countries. In this economic downturn, it is often difficult to find work. Non-citizens also may face potential discrimination in the job-search process. Silicon Valley workers should know that the Immigration and Naturalization Act makes it illegal for an employer with three or more employees to discriminate against an employee on the basis of national origin.

The Act protects employees by prohibiting employers from discriminating in hiring and firing workers who are authorized to work in the US, because of their national origin or citizenship status. Employers are also forbidden from retaliating against employees for exercising any rights under immigration laws.

Proving You have Been a Victim of Discrimination Based on Your National Origin
In order to prove that your employer has discriminated against you based on your national origin you must show one of two things. One, you can prove that your employer knowingly discriminated against you because of your citizenship or national origin. Or, two, you can prove that the employer had a pattern of discriminating against others based on citizenship or national origin.

Time Limits to Protecting Your Rights Against National Origin Discrimination
If you believe that your employer has discriminated against you based on your national origin or citizenship, you have 180 days from the date of the violation to file a complaint with the Office of the Special Counsel for Unfair Immigration Related Employment Practices. If you believe that you have been discriminated against based on your citizenship or national origin, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you protect yourself from national origin discrimination.

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If you have lost your job during a mass layoff, you should know that Federal law has safeguards in place. Under the Worker Adjustment and Retraining Notification Act (WARN), your employer must provide you with proper written notice before he/she closes the facility or lays off more than fifty employees. The Worker Adjustment and Retraining Notification Act requires employers with over 100 full-time employees to provide 60 days notice, in writing, when more than 50 workers are going to be fired. The employer is also required to provide 60 days of notice to the chief local elected official and to the Dislocated Worker Unit in the employer’s state.

There are some exceptions to WARN, this act does not apply in certain circumstances. Some examples include that the act does not apply if the company cuts fewer than 50 workers. It also does not apply if the layoff cuts less than 500 employees if the laid-off population is less than one-third of its workforce. WARN also does not apply to part-time employees who work fewer than 20 hours a week.

Just recently, over 100 employees were fired at the investment bank, Lehman Brothers Holding Inc. A $5 million suit was filed by an ex-employee hoping to start a class action lawsuit against Lehman. Lehman provided 60 day notice to its employees, by informing them that they would be paid for the next 60 days but would not need to come into work. However, Lehman stopped issuing paychecks before the 60 day period ended.

If you have been involved in a mass layoff, and believe that your rights have been violated under the Worker Adjustment and Retraining Act call Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you.

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Discrimination between genders in the California workplace is real. According to the 2005 EEOC Report on patterns in the workplace for California’s state and local jobs, women are paid significantly less than men. Approximately 342,000 women work for the state of California. Men make up approximately 380,000 members of the CA state workforce. While a man’s median salary is just over $60,000 a year, the median salary for women is approximately $46,000.

Among the women working for California, 90,000 women fall in the salary range of $33,000-$42,000 per year. The next largest sectors of the female workforce each comprising approximate 70,000 women, make within the ranges of $43,000-$54,000 and $55,000-$69,000. However, the salaries among men are dramatically higher. The overwhelming majority of men fall into the top three salary tiers. About 70,000 men make around $43,000-$53,000 per year. Almost twice that number of men (111,237), make between $55,000-$69,000 a year. The largest population of men, comprising about 116,000, falls into the highest pay bracket of $70,000 and above.

Both men and women should be aware of salary discrepancies at their place of work. Not only do these discrepancies exist in the private sector, but as illustrated with the statistics above, they also exist in government work as well. If you have gender discrimination concerns at your place of work, you should know that it is illegal. At Greenberg & Rudman LLP, we work with you to protect your rights in the workplace. Call us at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation or visit us at www.discriminationattorney.com.

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Oakland is the home of the Raiders, Jack London Square, and a very diverse population. 35.7 percent of residents are black, 21.9 percent are Hispanic/Latino, and 5 percent of people identify as mixed race. With such a blend of races and ethnicities, Oakland makes up a unique living and working environment in Northern California. If you are a resident of Oakland, you should be aware that discrimination in the workplace based on race, ethnicity, religion, sexual orientation, age, nationality, or gender is against the law.

If you feel that you have been a victim of race discrimination, you should know that you are not alone. At Greenberg & Rudman LLP we have years of experience in the employment law field. We have won numerous cases for our clients. If you have concerns about incidents at your place of work in Oakland, call us at (1-800-ALAWPRO) for a free consultation or visit us at www.discriminationattorney.com. We are here to help you stand up to discrimination at your place of work!

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An ulcer is an open sore that can be on the eyes, skin, or internal organs. Ulcers are often caused by bacterial or viral infections, cancer, diabetes, and hypertension. Stress often can exacerbate this medical condition. If you are a Bay Area employee with an ulcer that is a medical disability you are protected under the American’s with Disabilities Act of 1990 (ADA). Under this act, an employer may not discriminate against qualified disabled persons in job application procedures, hiring, firing, advancement, compensation, job training, and other terms, conditions, and privileges of employment.

Your Ulcer May Constitute a Medical Disability
The ADA prohibits employers from discriminating against employees based on their medical disabilities. In order to be considered “disabled,” you must meet ONE of three criteria.

• First, you may be considered disabled if you have a physical or mental impairment that substantially limits one or more major life activities. Examples of “limitations” of “life activities” may include limiting the ability to walk, talk, learn, work, or care for yourself.


• Second, if you have a record of such impairment, you may be considered disabled. This means that if you have had a medical disability in the past, you still may not be discriminated based on your disability once your disability is no longer a problem. This category captures people such as those who are former cancer patients, rehabilitated drug addicts, recovering alcoholics, etc. This type of disability claim, however, may be difficult to prove.


• Third, you are protected under the ADA if you are regarded as having the impairment. This means that even if you have no physical or mental impairment, but are regarded as disabled by others, and employer may not discriminate against you. For example, an employer may not discriminate against those that are badly scarred, deaf, or epileptic.

If Your Ulcer is a Legal Disability, Be Aware of Your Workplace Rights
If you have a medical disability, your Northern California employer must make reasonable accommodations for you if it will not cause the employer “undue hardship.” Undue hardship is anything that causes significant difficulty or expense. The size and financial capability of your employer is weighed when making the determination of what is “significantly” difficult or expensive. Examples of “reasonable accommodations” include making existing facilities used by employees accessible to you, restructuring jobs, modifying work schedules, and acquiring or modifying equipment or devices.

If You have an Ulcer and Your Bay Area Employer has Discriminated Against You, You May Have a Claim
In order to have a cause of action, you must meet one of the definitions of “disabled” discussed above. You must also show: (1) your ulcer has resulted in physical limitations, (2) you can still perform the essential functions of your job, with or without reasonable accommodation, (3) your employer has taken some negative action, such as not hiring, firing, or demoting you based on your ulcer.

If you believe you may have a claim about your ulcer or other medical disability, call Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9776) for a free consultation about your legal rights or visit us at www.discriminationattorney.com to learn more.

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If you believe you are being sexually harassed at work, your rights under federal law may have been violated. Your rights to not be sexually harassed at work are protected by the federal “Title VII of the Civil Rights Act of 1964.” We have listed some information below to help you learn more about the law and Sexual Harassment. If you are located in California and believe that you are being sexually harassed at work, call us now at the law offices of Greenberg & Rudman LLP for a free and confidential consultation at (1-800-ALAWPRO) 1-800-252-9776.

What Employers Does Title VII Apply To?
Title 7 applies to employers with 15 or more employees. This also applies to state and local governments, employment agencies, labor organizations, and the federal government.

What is Sexual Harassment?
Sexual harassment includes: unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This conduct is sexual harassment when it explicitly or implicitly affects an employee’s employment, interferers with an individual’s performance at work, or creates an intimidating, hostile, or offensive work environment. In order for the conduct to be sexual harassment, the harasser’s conduct must be unwelcome.

Who Can Be a Sexual Harasser?
Many types of people can be sexual harassers. The harasser can be the victim’s supervisor, an agent of the employer, a supervisor in another sector within the company, a co-worker, or a non-employee.

Who are Victims of Sexual Harassment?
Victims are BOTH men and women. Although many people think of victims as women, sexual harassment claims filed by men have increased throughout the years.

Victims are not only the people who are sexually harassed, but anyone who is affected by the offensive conduct. Sexual harassment does not have to result in economic injury to the victim or the loss of the victim’s job.

What to Do if You Are Being Sexually Harassed
One option is for the victim to directly confront the harasser and inform him or her that their conduct is unwelcome and must stop. It is important to make it very clear that the behavior is unwelcome, this is a fundamental part of the definition of harassment and is important if you decide to take legal action. However, direct confrontation is not appropriate or sensible in every instance.

It is very important that the victim find out what their company policies and procedures are for dealing with sexual harassment. The victim should use a company complaint mechanism or grievance system to report harassment. If a workplace has a policy or a complaint procedure for dealing with sexual harassment, workers must follow it to complain about harassment or to take action. If you do not follow the harassment policy, you may lose the legal right to sue the employer. If you have suffered injuries or are concerned for your physical safety, you should not directly approach your harasser.

If you decide to approach your harasser directly, there are several strategies that help to keep the conversation effective. (1) Keep the conversation short. (2) Do NOT use humor to make your point. Using humor may make it appear as if you do not take this situation seriously. (3) Be clear. It is often best to make a direct request of what behavior you want to stop. If you approach the conversation telling your harasser about your feelings (“It makes me uncomfortable when…”), your harasser may not get the point. (4) Do not give excuses. You are not the one whose behavior is inexcusable.

Lastly, if the problem persists it is important to write a letter spelling out the behavior you object to and why. In the letter, specify what you want to happen next. If you believe the situation will worsen, make it clear you will take action against the harassment if it does not stop immediately. If possible document the harassment by talking with witnesses both inside and outside of the company.

If harassment does not end after using company procedures for dealing with sexual harassment you may file a complaint under the U.S. Civil Rights Act with the U.S. Equal Employment Opportunities Commission (EEOC) or with a state Fair Employment Practices Agency. You can also file a private lawsuit.

If you work in California and have questions about whether or not you may have a case, or you just need to talk to an employment lawyer, please call us at Greenberg & Rudman LLP at 1-800-ALAWPRO (1-800-252-9776) or visit us at www.discriminationattorney.com for more information.

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Silicon Valley employees and employers should be aware of the dramatic under-representation of Asians and Asian Pacific Americans (APA) on corporate boards. The Corporate Board Report Card was first issued in April of 2004, by the Committee of 100. The Committee of 100 is a national organization of leading Chinese Americans. The Committee’s report details the striking under-representation of Asians and Asian Pacific Americans on the boards of Fortune 500 companies. While APAs comprise around 5 percent of the US population, the percentage of APAs holding seats on corporate boards represents only 1.2 percent.

The Statistics: Asians and Asian Pacific Americans Under-represented on Corporate Boards
The representation of Asians and Asian Pacific Americans has risen from 1.1 percent in 2003 to 1.2 percent in 2004. However the population of Asians also increased from 4.4 percent to 5 percent from 2003 to 2004. The statistics are not very encouraging for progress of Asians in positions of power in US corporations. The percentage of US Fortune 500 companies with Asian or APA Directors has NOT increased, but remained stagnant. It has been 11 percent throughout 2003 to 2005. On average, over 21.4 percent of Fortune 500 Directors sit on more than one board. However, among Asians and APA directors, only 13 percent hold seats on several boards.

The outlook is even worse for Asian women. In 2005, among the Asian/APA Directors of Fortune 500 Companies, 79 percent were male. Only 21 percent were female. The Asian female population has made some improvements, as only 17 percent of Asian Directors in 2003 were female.

What can be done to improve the representation of Asian Americans at top executive levels?
The Committee has addressed several steps for corporations to take to alleviate this discrepancy. First, the Committee encourages Fortune 500 companies to create in-house mechanisms to identify highly-qualified Asian and Asian Pacific American candidates for Director Positions. Second, companies can profile existing Asian and APA Directors and encourage other Management Executives to do the same. Third, Fortune 500 Companies can seek help from the Committee of 100 to help identify highly-qualified APA corporate director candidates.

What can you do? If you are an Asian American and have discrimination concerns at your job, contact Greenberg & Rudman LLP at (1-800-ALAWPRO or 1-800-252-9766) for a free consultation or visit us at www.discriminationattorney.com to learn more. Greenberg & Rudman LLP has won millions of dollars for ouur clients, and we are here to help you.

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Are you over the age of 40 years old? Do you feel that you have been discriminated against at your job based on your age? Age discrimination is real. A recent age discrimination case in Northern California has been making its way through the judicial system. This case centered around an age discrimination suit that emerged out of a reduction in force in the Geologic Division of the U.S. Geological Survey. In this round of layoffs, over 550 scientists lost their jobs which comprised 37 percent of the workforce. These plaintiffs were all senior scientists who were often times Project Chiefs of top priority projects. Ageism is real, and you should be aware of your rights.

California Law: Age Discrimination in the Workplace
California has state laws prohibiting discrimination in the workplace based on age. However, age discrimination only applies to those over 40 years. California state laws protecting those over 40 only apply to employers with five or more employees.

Federal Law: Age Discrimination at Work
There are also federal laws in place that protect employees against age discrimination. The Older Workers Benefit Protection Act was passed in 1990. This federal law makes it illegal for an employer to use an employee’s age for discrimination in benefits or for companies to focus on older workers when implementing staff reduction programs.

Employees should be aware that employers may ask them to sign a waiver that releases the employer from being sued under the Older Workers Benefit Act. These waivers are often called “releases” or “covenants” not to sue. If you sign a waiver like this, you are likely agreeing not to take any legal action against your employer. If an employee chooses to sign such a waiver, the employer often encourages the worker to leave voluntarily by giving them a severance pay package that is higher than the standard company package.

Releases/Covenants Not to Sue (Waivers)
Under this act, if a worker was individually offered this waiver the employee must be given a minimum of 21 days to decide whether or not to sign the waiver. However, if the waiver was presented to a group of employees, the workers must each be given at least 45 days to decide whether or not to sign the waiver. In both cases, if the employee decides to sign the waiver, they have seven days after agreeing to waiver to revoke their decision.

If you feel that you are a victim of age discrimination, or are having questions about age-related issues in the workplace, contact the law offices of Greenberg & Rudman LLP. Greenberg & Rudman LLP is a highly experienced team of employment lawyers that have won millions of dollars for our clients in verdicts and settlements. Call us now at (1-800-ALAWPRO or 1-800-252-9766) for a free consultation or visit us at www.discriminationattorney.com to learn more.

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