Many people may be intimidated by ‘laws’ and ‘statutes.’ However, the process of creating laws and regulations is not a complex as some may think. A common myth is that lawyers, or attorneys, create the law. This, however, is not true. There are three ways that laws are created. First, laws may originate in the ‘legislative’ branch of the government. This means that laws may be created in the state or federal legislative bodies. In the federal government, the legislative branch is the house of representatives and the senate. State laws are created in the state senate and the assembly. After the laws are developed by the legislative branches, the President (or state governor) may sign the law. If the law is signed, it becomes active and is called a statute.

Second, laws may also originate from the ‘executive’ and ‘judicial’ branches. The federal ‘executive’ branch includes many organizations such as the SEC (Securities Exchange Commission), IRS (Internal Revenue Service), EEOC (Equal Employment and Opportunity Commission), and OSHA (Occupational Safety and Health Administration). Some examples of California’s ‘executive’ branch includes the Department of Real Estate, CALOSHA (California Occupational Safety and Health Administration), Department of Corporations, and the DFEH (Department of Fair Employment and Housing). The executive branch is allowed to enact regulations to interpret the laws that are related to their department.

The last way that laws can be created is through the judicial branch. The judicial branch is comprised of judges and the court system. After a lawsuit is filed, a court listens to both sides of the case and a decision is reach. If either party to the suit disagrees with the ruling they may try to appeal the case. If the case is appealed, it goes to a higher level court to review the decision. Sometimes these courts will publish their opinions. If the opinions are published they also become law. This means that lower courts that face similar dilemmas will have to follow the law and rules the published decision discussed. If a party disagrees with the appellate court ruling, they may appeal this to the Supreme Court. If the Supreme Court issues and opinion, it also becomes law. A decision by California’s Supreme Court becomes binding law for all lower California courts. A decision by the United States Supreme Court is binding on all courts, both state and federal.

Once the laws are created, lawyers study them and help victims of illegal acts seek justice through the court system or through settlements. If you believe that you have been a victim of an illegal act, you may be able to bring a suit to court. The attorneys at Law Offices of David H. Greenberg are highly skilled in the area of discrimination and employment law. If you have faced harassment, discrimination, or wrongful termination, you may have a claim against your employer. If you have been a victim, contact Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Transitioning to a new country is a long and difficult process. It is even more difficult when you have to fight discrimination and insensitivity at work. However, there are laws in place that protect people from being discriminated against based on their country of origin. This type of discrimination is different from discrimination based on race. National Origin discrimination occurs when an employer discriminates against a worker because of where they were born. Thus, if your employer discriminates against you because you were born in India, you may have a claim against your employer.

The Immigration and Reform Control Act (IRCA) makes it illegal for your employer to discriminate against you because of your country of national origin. This law applies to US citizens, US nationals, and authorized aliens. Were you recently denied a job because the employer had a ‘US citizens only’ hiring policy? This type of discrimination is also illegal. An employer is allowed to require US citizens for certain types of jobs if it is allowed by federal, state, local law, or government contracts. An employment application also may not ask the individual about their citizenship status. It may only ask if the employee is authorized to work in the United States.

Recently, a nursing home company located in both California and Texas agreed to settled a National Origin discrimination lawsuit. The company, Skilled Healthcare Group, agreed to pay $450,000 to provide relief to Hispanic employees who alleged they were discriminated against based on their country of origin. The company had imposed an English language only on Spanish speakers, but allowed other foreign languages to be spoken at work.

If you believe that you are a victim of national origin discrimination, don’t stand silent. Call the experienced employment lawyers at Law Offices of David H. Greenberg today! You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help!

Many people may know that discrimination at work based on your race or national origin is illegal. However, did you know that it is also illegal for someone to harass you based on these characteristics? Often times, workplace harassment and discrimination are linked. If you have experienced either, you may have an employment law claim. For example, a ‘hostile work environment’ is a type of harassment that is illegal. This type of harassment applies to harassment based on sex, race, national origin, ethnicity, and other protected classes. A ‘hostile environment’ is basically a work environment that makes a worker feel uncomfortable because they belong to a particular group of people. This harassment is only actionable if it is in relation to a ‘protected class’ such as race, gender, sexual orientation, etc. The conduct that makes the workplace ‘hostile’ must be ‘offensive.’ The discrimination must also be severe and pervasive. Constant use of racial slurs is an example of ‘severe and pervasive’ harassment.

Harassment based on race is sadly not uncommon. For example, Nordstrom – a large department store – recently agreed to pay $292,500 to ten former employees who alleged they were harassed by the store manager because of their race, national origin, and color. The lawsuit was filed by the Equal Employment and Opportunity Commission (EEOC). According to the lawsuit, the manager said she ‘hated Hispanics,’ that Hispanics were ‘lazy’ and ‘ignorant,’ and also made derogatory comments about Black workers. The workers alleged they were fired after complaining about the harassment.

If you have been a victim of harassment at work because of your race, color, national origin, etc. you may have an employment law claim. Call the experienced employment attorneys Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you!

If you have been diagnosed with Colitis, and your employer has discriminated against you because of your disease, you may have an employment law claim. Colitis is a digestive condition that is characterized by inflammation of the mucus membranes of the colon. Symptoms of colitis often include abdominal pain, constipation, and diarrhea. Colitis is often treated with medications, steroids, and surgery.

If you have colitis, and if your boss has treated you different because of your condition, you may have a claim against your employer. In order to bring a cause of action against your employer, you must be able to show that your colitis is considered a legal disability, your colitis results in physical limitations, you can still perform the essential functions of your job, and that your boss has discriminated against you based on your colitis. Examples of ways in which your boss may have discriminated against you based on your colitis is that he/she does not allow you to miss work for medical appointments, your boss doesn’t accommodate your need to take a reasonable time off work, and/or your employer will not provide reasonable accommodation for your disability.

If you believe that you have been a victim of discrimination based on your colitis, you should not hesitate to act. Contact the skilled attorneys at Law Offices of David H. Greenberg at at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Milpitas, California is part of the Silicon Valley. With over 65,200 residents, this northern California city is quite diverse. 59.2 percent of Milpitas residents are Asian, and over 15 percent are Hispanic/Latino. Diversity enriches all aspects of life, unfortunately, some employees may face discrimination because of their differences. Yet, you should know it is illegal for your boss to discriminate against you based on your religion, ethnicity, national origin, sexual orientation, age, or gender.

If you have had the painful experience of being discriminated against at work, or if you have faced harassment in the workplace, you may have a claim against your employer. Don’t hesitate to come forward, call the experienced attorneys at Law Offices of David H. Greenberg today! You can reach us at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Discrimination based on race is against the law. According to both federal and California law, your employer may not discriminate against you based on your race or color in relation to the ‘terms or conditions’ of your employment. ‘Terms and conditions’ include things such as salary, vacation time, promotions, hours, etc.

‘Race’ is often defined as a person’s ancestry or ethnic characteristics. According to Title VII of the Civil Rights Act of 1964 an employer may not discriminate against someone based on their racial group, perceived racial group, racial characteristics, or because of marriage or association with people of a certain race. The Act also prohibits your boss from making employment decisions based on stereotypes of a certain race’s abilities, skills, etc.

If you have been a victim of racial discrimination, contact employment lawyers today. You can call Northern California discrimination attorneys Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our skilled lawyers are here to help you!

Wrongful termination means that you have been fired when you should not have been let go. However, there are many times when firing may seem morally wrong, but it is not illegal. Two classic examples of wrongful termination include being terminated because your employer is discriminating against you as a member of a protected class. For example, if your boss fires you because of your religion, or your race, you may have an employment claim. In addition, if you are fired even though you have an employment contract stating your right to work for a specified period of time, and you have not breached the contract, you may have an employment claim.

It is also illegal for your employer to discriminate against you because you have blown the whistle on your boss. This occurs when you see something illegal occurring at your place of work and you report it to a government or law enforcement agency. If you are fired because you have reported an illegal activity at work, you may also have an employment law claim.

If you have been wrongfully terminated, don’t remain silent. Contact Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our experienced attorneys are here to help you!

Although race discrimination is against the law, it is not uncommon to experience it in the workplace. When race discrimination enters the workplace, you may have grounds to sue. Under both state and federal law, you have the right to be treated in a non-discriminatory fashion. Under the law, your boss may not discriminate against you base on race in regards to any of the ‘terms and conditions’ of employment. ‘Race’ is defined as a person’s ancestry or ethnic characteristics. It is illegal for an employer to discriminate against you because you belong to any particular race. ‘Terms and conditions’ of employment relate to things such as salary, vacation time, promotions, title, etc.

Recently, a race discrimination suit was settled for $495,000. The suit was brought by the Equal Employment Opportunity Commission (EEOC) on behalf of five former employees. The case was brought against the worker’s former employer, a building materials supplier company. The employees alleged that they were subjected to racial slurs and fired after complaining. The workers reported the racial slurs included repeatedly being called the N-word, talk of the Ku Klux Klan, and referring to cross burning in front of African American employees.

If you have been subjected to similar discrimination, know you are not alone. However, this type of behavior is unacceptable. Do not hesitate to act! Call Northern California employment lawyers Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Most people may think of sexual harassment victims as being female. However, many males are affected by sexual harassment. Harassers may be male or female. Likewise, victims may be of both genders. The Equal Employment Opportunity Commission (EEOC) received over 13,000 claims of sexual harassment in 2008. The EEOC recovered $47.4 million in these cases.

Sexual harassment has two basic forms: quid-pro-quo harassment and hostile work environment harassment. Quid-pro-quo harassment involves an employer asking for sexual favors in exchange for work benefits. This also includes blackmailing an employee into having sex in order to protect themselves from being fired. Hostile work environment harassment occurs when you are made to feel uncomfortable in the workplace because of your sex by experiencing offensive and severe and pervasive harassment.

Recently, a jury awarded $2.3 million to a Los Angeles police officer who claimed she was sexually harassed at work, and gave birth to a stillborn baby due to the harassment. If you have been subjected to sexual harassment at work contact Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our skilled attorneys are here to help you!

Religious discrimination is illegal. If your employer has discriminated against you because of your religion, or lack of religion, you may have an employment law claim. You are protected from discrimination based on your religion under the Civil Rights Act of 1964. Under this act, you are protected from being discriminated against because of your faith in hiring, firing, and other terms and conditions of employment. The Civil Rights Act applies to employer that have over 15 employees, including state and local governments, employment agencies, labor organizations, and the federal government.

If your employer has treated you less favorably because of your religion, this is religious discrimination. For example, if you are a Sikh individual working in the Silicon Valley and your employer has treated you less well than non-Sikhs, you may have an employment claim. In addition, if your employer has told you not to wear your turban to work, you may also have an employment claim.

Recently, the Equal Employment Opportunity Commission (EEOC) announced that the U.S. District Court in Minnesota approved consent decrees settling two religious discrimination cases brought against a large Minnesota chicken processor, Gold’n Plump Poultry, Inc. According to the decree, the company will add a paid break to the second part of each shift to accommodate the religious beliefs of Muslim employees.

If you have been discriminated against based on your religion, contact Northern California discrimination attorneys Law Offices of David H. Greenberg at 1-888-204-1014. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.