San Francisco Employment Lawyer Blog

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 Greenberg & Rudman LLP 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP today! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP today! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you have reported your employer’s illegal activity to a government agency or law enforcement you may be protected by the law from being fired for your actions. “Whistle blowing” occurs when a worker reports their boss’ illegal behavior to a government or law enforcement agency. If you have only reported this behavior to someone inside the company, you are not protected under “whistle blowing” laws. However, you may be protected by other types of anti-discrimination and wrongful termination laws.

If you have reported an illegal activity that your employer has engaged in, and it turn out that your employer has not done something against the law, you still may be protected under “whistle blowing” laws. However, in order to still be protected you must have reasonably believed that you were reporting an illegal act. If you are protected by the whistle blowing laws, your employer may not terminate or retaliate against you for your actions. This does not grant you immunity at work. You employer may fire you for any number of other legitimate reasons, but he/she cannot fire you for reporting his/her illegal behavior to the appropriate authority.

One of the largest settlements in a whistle blowing case was recently settled. Northrop Grumman Corp., a defense contracting company, was sued by TRW. TRW had been acquired by Northrop in 2002. Northrop agreed to pay $325 million to settle the case. If you have experienced termination or retaliation at work because you recently blew the whistle on your employer call Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you!

If you boss continually treats you differently than other employees because of your gender, you may have a suit against your employer. You are protected under Title VII and the Federal Employment and Housing Act from sex discrimination. Sex discrimination is defined as treating an employee differently from other workers because of their gender. In order for this behavior to be against the law, your employer must have discriminated against you based on the “terms and conditions” of employment. The “terms and conditions” of employment include things such as salary, vacation time, titles, promotions, etc.

Gender and sex discrimination can come in two forms. The clearest for of sex discrimination is “disparate treatment” discrimination. This discrimination occurs when your boss clearly treats you differently because of your sex. For example, if you applied for a job and were denied a position solely because you were a female, you may have an employment law claim. The second type of discrimination is “disparate impact.” This type of discrimination occurs when a company policy excludes certain types of people from a specific job or promotions. In these instances, the policies were not created specifically to cause this type of discrimination, but the discriminatory impact is an unfortunate result.

Under the gender and sex discrimination laws, it is also illegal for your employer to discriminate by pay on the basis of gender. Men and women who perform jobs in similar conditions that require substantially equal skill, effort, and responsibility must be paid similar wages. You are also protected from being discriminated against based on sex or gender stereotypes. If you have been a victim of discrimination based on sex or gender, you may be able to bring a suit against your employer. Please contact the SF experienced and highly skilled employment lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are pregnant, and believe that your employer has discriminated against you based on your pregnancy, you may have an employment law claim. Pregnancy discrimination is a reality. In 2008, the Equal Employment and Opportunity Commission (EEOC) received over 6,285 allegations of pregnancy discrimination. Of these charges, the EEOC resolved 5,292 of the cases and recovered over $12.2 million.

Women in the Silicon Valley should know that if they face discrimination based on pregnancy they are not an isolated victim. There are laws in place to protect against this type of discrimination. According to Title VII of the Civil Rights act of 1964, discrimination based on pregnancy, childbirth, or related medical conditions is illegal sex discrimination. This Act applies to companies with over 15 employees, and it includes state and local governments.

Recently, the EEOC settled a pregnancy discrimination suit brought against a nursing home company. The company agreed to pay $300,000 to settle the dispute. The EEOC alleged that pregnant employees were subjected to different terms and conditions of employment than non-pregnant employees. It was alleged that when the company found out an employee was pregnant they required her to obtain full medical clearance in order to continue working. Several women were forced to take medical leave or were fired even though they were capable of performing their jobs.

If you are a pregnant woman in the Silicon Valley area, and have been a victim of pregnancy discrimination, call Greenberg & Rudman LLP today! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Employers are forbidden under the law from retaliating against workers who seek out certain legal protections. For example, if you have been fired because you complained to a proper authority about being sexually harassed at work, you may have an employment law claim. Although you may imagine that retaliation is rare in the workplace, retaliation is something that has been experienced by thousands of people. If you believe that your boss may have fired you in retaliation, you may be able to bring suit against your employer.

In order to prove a case of retaliation, you must be able to show several things. First, you must be able to prove that you engaged in a legally protected activity. This includes things such as filing a complaint with the Equal Employment and Opportunity Commission (EEOC), and/or complaining to your own company managers about discrimination or harassment at your job. Second, you must be able to show that your employer took an adverse action against you. An “adverse action” may include your boss firing you, refusing to grant a promotion, giving bad work reviews, etc. Lastly, you need to be able to show that your act of engaging in a legally protected activity was the cause of your employer’s adverse actions. This correlation may be shown by your employer firing you after finding out you complained about sexual harassment or discrimination in the workplace.

If you have been a victim of retaliation, do not hesitate to act. You are not alone! The lawyers at Greenberg & Rudman LLP are highly experienced in this area of law. We can help you. Give us a call at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are a disabled individual, you should know that you may be protected from at-work discrimination under the Americans with Disabilities Act (ADA). According to the ADA, and individual is disabled if the person has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.

If you are covered under the ADA you are protected by federal law from discrimination based on your disability. This means that you are entitled to reasonable accommodation for your disability by your employer as long as it is not an “undue hardship” on your employer. Reasonable accommodations include making current work facilities readily accessible and usable to you, restructuring job positions, modifying schedules, and/or providing modifying equipment or devices to enable you to do your work.

Recently the Equal Employment Opportunity Commission (EEOC) has brought a suit against a mining company who refused to hire a deaf individual. The company allegedly violated federal law by denying the deaf applicant a reasonable accommodation in the form of an interpreter. The EEOC is looking to recover back pay, and compensatory and punitive damages on behalf of the applicant.

If you are a disable individual in the Northern California area you should know that discrimination based on a disability may be illegal. If you have faced this type of discrimination, know you are not alone. Disability discrimination suits rose 10 percent this year. Don’t hesitate to contact qualified an experienced discrimination attorneys at Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Alameda, California is a city of about 74,000 residents. Alameda, CA is a island in the San Fran Bay located near Oakland. Alameda is a very diverse town with over 29 percent Asian residents, 11 percent Hispanic/Latino, and 5.6 percent black. While diversity enriches life, it may lead to discrimination in the workplace. If you life in the Nor-Cal area and you have experienced discrimination at work, you should know this behavior is sadly commonplace. Alameda residents should not stand for discrimination at work.

Discrimination based on your race, religion, ethnicity, national origin, sexual orientation, age, or gender is illegal. If you live in the Alameda area and have experienced this type of discrimination or harassment at work, call Greenberg & Rudman LLP today! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our team of experienced lawyers are here to protect you and your family.

Cystic Fibrosis is a type of genetic disease that affects all parts of the body and progressively disables the individual. This disease may result in an early death. Common symptoms include difficulty breathing resulting in lung infections, sinus infections, poor growth, and infertility. If your employer has discriminated against you because of your cystic fibrosis you may have an employment law claim.

In order to bring suit your cystic fibrosis diagnosis must constitute a medical disability, and you must be able to show that your cystic fibrosis must have resulted in physical limitations, you can still perform the essential parts of your jobs, and your boss discriminated against you based on your cystic fibrosis. Examples of ways in which your boss may have discriminated against you based on your disability include not allowing you to miss work for medical appointments, not allowing you to miss work for your physical therapy sessions, you employer not accommodating your need to bring a breathing machine to work, etc.

If you have been discriminated against based on your disability, don’t hesitate to call Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Cystic Fibrosis is a type of genetic disease that affects all parts of the body and progressively disables the individual. This disease may result in an early death. Common symptoms include difficulty breathing resulting in lung infections, sinus infections, poor growth, and infertility. If your employer has discriminated against you because of your cystic fibrosis you may have an employment law claim.

In order to bring suit your cystic fibrosis diagnosis must constitute a medical disability, and you must be able to show that your cystic fibrosis must have resulted in physical limitations, you can still perform the essential parts of your jobs, and your boss discriminated against you based on your cystic fibrosis. Examples of ways in which your boss may have discriminated against you based on your disability include not allowing you to miss work for medical appointments, not allowing you to miss work for your physical therapy sessions, you employer not accommodating your need to bring a breathing machine to work, etc.

If you have been discriminated against based on your disability, don’t hesitate to call Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Jobnob is an excellent and free service that allows you to search for average salaries by location, job position, and/or company. Jobnob.com was founded by Alan Shusterman and Julie Greenberg. Jobnob is an outstanding resource for many types of people including those looking for a job in a particular field, college students searching for direction, and graduate students looking for jobs in a specific sector. Jobnob provides a great wealth of information for people searching for jobs in San Francisco. Currently, the site has a database of 100,000’s companies with information each company’s average salary as well as specific information on how much they are paying for actual positions. Jobnob also has targeted information for the Silicon Valley as well as 71 other major metro areas in the U.S..

If you are hunting for a job and are looking to find information about the salaries in the top companies in your area, Jobnob.com can help. Or, if you are a student trying to figure out what salary you can expect to earn in a specific location, Jobnob provides this information. It’s worth your time to check it out.

Are you an individual suffering from depression? Have you felt that your employer has discriminated against you based on your depression? If so, you may have a claim against your employer. Depression can be a debilitating condition that is identified by intense sadness. In its worst form, depression can prevent an individual from socializing and engaging in regular activities. Symptoms of depression include feeling sad for no reason, having no motivation to do anything, tiredness, apathetic, and unmotivated. Treatment for depression includes psychotherapy, counseling, and/or antidepressant medications.

If your employer has discriminated against you based on your depression you may be able to sue. Generally, an employee must be able to show that your depression fits the legal definition of a disability, that your depression has resulted in physical limitations, that you can still perform the essential functions of your job, and that your employer discriminated against you based on your depression. Examples of ways in which your employer may have discriminated against you include your employer not allowing you to miss work for psychotherapy or counseling, not providing you with reasonable at work accommodations for your depression, and/or not allowing you to take a reasonable time off work.

If you believe that your boss has discriminated against you based on your disability, you should contact employment attorneys at Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to protect your rights at work!

Union City, California is a city of over 69,700 people located in Alameda County. Union City has a large Asian population. Over 48 percent of residents in Union City identify as Asian. Around 21 percent of people identify as Hispanic/Latino, 6 percent of individuals living in the area consider themselves black, and 12 percent identify as another race. While diversity enriches culture and life, discrimination based on diversity breeds hatred and ill feelings in the workplace.

Discrimination based on race is wrong and illegal. It is also against the law for your employer to discriminate against you based on religion, ethnicity, national origin, sexual orientation, age, or gender. If you have had the painful experience of being a victim of discrimination at work, call Bay Area attorneys Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are a California worker, you are protected by California law from being discriminated against based on your sexual orientation. This means that your boss cannot discriminate against you because you are gay, straight, bisexual, etc. It is also against the law for your boss to discriminate against you because he/she believes you are of a particular sexual orientation. For example, if your boss demotes you because he believes that you are gay – and you are not- you may still have an employment claim against him.

If you have been a victim of sexual orientation discrimination, you should be aware that you have to act quickly. Under California law, you must make a complaint to the California Labor Commission no more than 30 days after the alleged discrimination occurred at your place of work. After you report the discrimination, you may bring a suit against your employer. If you believe that your boss has discriminated against you based on your sexual orientation, you should know that sexual orientation discrimination claims may often times be brought in combination with other employment law claims. For example, your employer may have also violated laws protecting against gender discrimination.

Victims of sexual orientation discrimination should call the employment attorneys at Greenberg & Rudman LLP immediately. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are a Hispanic or Latino individual working in California, you may have already faced racial discrimination in the outside world. Experiencing racial discrimination at work can be just as painful. Did you know that if you are discriminated against at work because of your race, you may be able to bring a suit against your boss? If you have been a victim of racial discrimination, don’t hesitate to act.

Racial discrimination is a vicious type of prejudice. Fortunately, you are protected against racial discrimination under California and Federal law. Under the law, your boss may not discriminate against you based on any of the “terms and conditions” of employment because of your Latino/Hispanic heritage or your race or color. It is also illegal to discriminate against someone based on associations with people of a certain race. Therefore, if you are discriminated against at work because you have friends of a particular race, you may also have an employment claim.

“Terms and conditions” includes things such as pay, salary, vacation time, promotions, demotions, title, termination, hiring, etc. If you have been a victim of racial discrimination, know you are not alone. The attorneys at Greenberg & Rudman LLP have a long history of working with individuals that have been victims of a variety of types of discrimination. If you have been a victim of racial discrimination, call the Bay Area employment attorneys. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you have been victimized by someone at work who has been sexually harassing you, and your boss refuses to address the situation, don’t wait for the problem to resolve itself. Contact Bay Area employment attorneys Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776.

Sexual harassment is illegal under both California and Federal law. While this experience may be confusing, you should know that you are a victim, and you should not blame yourself. As a victim of sexual harassment, should familiarize yourself with the two types of sexual harassment that you may have encountered. It is not uncommon for victims to have experienced both types. The first type of sexual harassment is known as “quid-pro-quo” harassment. This is the type of harassment that occurs when your employer demands an exchange of sex for job benefits. This also includes being told you must provide sexual favors in exchange for not being fired from your job. The second type of harassment is known as the “hostile work environment.” This type of harassment occurs when you are made to feel uncomfortable based on your sex because of severe and pervasive offensive behavior. Both types of sexual harassment are illegal.

Recently, the Equal Employment and Opportunity Commission (EEOC) obtained a settlement of $290,000 for women who were harassed by a male nurse at a surgical center in Texas. If you have experienced sexual harassment, contact Greenberg & Rudman today. You can call us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The federal Equal Pay Act dictates that your employer must pay all employees of both genders equally for equal work. Under the Equal Pay Act the “equal work” needs not to be identical jobs, but they must be substantially equal. Job duties, not titles, determine what is considered a “substantially equal” job. The Act requires that employers pay both genders the same salary when they perform jobs that entail the use of equal skill, effort, responsibility, and that are conducted in similar working conditions in the same establishment.

In order to determine “skill,” factors such as experience, ability, education, and training are examined. “Effort” is determined by comparing the amount of physical or mental exertion needed in the particular position. “Responsibility” involves the level of accountability that is needed for conducting the job. When looking at “working conditions,” the physical surroundings and hazards are taken into account. The Equal Pay Act only applies to jobs within an “establishment.” An “establishment” is a distinct place of business.

Last year, the Equal Employment Opportunity Commission (EEOC) received 954 allegations of discrimination in pay. The EEOC also resolved 828 pay discrimination claims, and obtained $9.6 million in damages. Recently, the EEOC settled a lawsuit that was filed against Adelphi University. The EEOC alleged that the university paid a group of female professors less than male professors for the same work. The case was settled for $300,000. If you have experienced pay discrimination, contact Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will fight for you!

Age discrimination is against the law If you are 40 years or older. You are protected under the Federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA). Under the ADEA, a person over the age of 40 is protected from being forced to retire. If you are over 40 and you believe that your employer has forced you to retire because of your age you may have an employment law claim. There are also other ways that your boss may have discriminated against you based on your age. For example, you are also protected from age bias in relation to hiring, termination, layoffs, promotions, wages, etc.

If you have been a victim of age discrimination and are thinking about bringing a suit under the ADEA, you should be able to show that you are 40 years or older, you have been fired, demoted, or denied a benefit, when you were denied the benefit you were performing your job in a way that met your boss’ reasonable expectations. Age discrimination is sadly commonplace. Eastman Kodak was recently involved in an age discrimination suit. The Equal Employment Opportunity Commission (EEOC) brought the action on behalf of workers alleging the company targeted them for termination. The case was settled for $272,000.

If you have experienced age discrimination at your place of work, don’t hesitate to act. Call Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 achieve your goals!

National origin complaints filed with the Equal Employment Opportunity Commission (EEOC) last year. Last year, the EEOC received the highest number of National Origin complaints totaling 10,601. This was a 13 percent increase from the previous year. The numbers are up about 50 percent from over 10 years ago.

National origin discrimination is distinct from race discrimination. National origin discrimination occurs when an employer discriminates against an employee because of where he or she was born. This type of discrimination is defined as treating an employee less well than other employees because he/she comes from a certain country, has a certain accent, or a specific ethnic background. It is not uncommon for national origin discrimination and racial discrimination to be linked.

In California, it is not uncommon to see many instances of Hispanic employees being targeted because they are Hispanic/Latino. If you are as Hispanic individual, and you have been discriminated against because of the country you were born in, you may have a claim against your employer. Recently, the Equal Employment Opportunity Commission (EEOC) obtained a $4.3 million from a case brought against B & H Foto and Electronics Corp for discriminating against Hispanic workers based on their national origin. If you believe that you have been a victim of national origin discrimination, don’t hesitate to call Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Each year, the Equal Employment Opportunity Commission (EEOC) receives thousands of complaints of sexual harassment. Last year, the EEOC received 13, 867 allegations of sexual harassment in the workplace. Only 15.9 percent of those complaints were filed by males. In 2008, the EEOC resolved 11, 731 harassment cases, and obtained over $47.4 million for various parties involved in the cases.

Sexual harassment is a confusing, and painful experience. It is also illegal under Federal and California law. If you believe that you have been sexually harassed, you should understand that you may have experienced one, or both, types of sexual harassment. “Quid-pro-quo” harassment is the type of harassment that occurs when your employer demands an exchange of sex for job benefits. “Hostile Work Environment” harassment occurs when you are made to feel uncomfortable based on your sex because of severe and pervasive offensive behavior. Both types of sexual harassment are illegal.

The Start Tribune Company reached at settlement with the EEOC for more than $300,000. The EEOC launched the suit on behalf of female employees at the company who alleged they experienced a hostile work environment at the Star Tribune. The women claimed they had been subjected to dirty jokes, vulgar comments, and sex based statements.

If you have been a victim of sexual harassment, do not remain quiet. Call experienced attorneys at Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

An embolism is a condition that occurs when an object moves from one part of the body and blocks a blood vessel in another part of the body. Blood clots are the most common form of an embolism, and they may have serious affects on the brain, heart, and lungs. Some people who experience pulmonary embolisms feel shortness of breath, low blood pressure, and low oxygen concentrations.

Your boss may have based on your embolism if you have been discriminated against you treated differently than other people at work. In order to bring an employment law claim against your boss you must be able to show that your disability results in a physical limitation, that you can perform the essential functions of your job, and that your boss has discriminated against you based on your embolism.

Your boss may have discriminated against you based on your embolism, and you may not have noticed. Did you know that discrimination includes your employer not allowing you to miss work for medical appointments? Other examples of ways your employer may have discriminated against you include your boss not allowing you to take a reasonable amount of time from work to recover from your embolism, your employer not providing reasonable at-work accommodations for you, and/or your employer not allowing you to leave work for medical treatments or for you to be hooked up to medical machinery at work.

If you believe that your employer has discriminated against you based on your embolism, do not hesitate to take action. You have rights in the workplace, and Greenberg & Rudman LLP will work to protect you. Call us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Napa, CA is known as the home of endless vineyards. However, this city is much more than the seat of California’ wine industry. Napa is home to over 74,800 residents of various ethnicities and background. Napa has a large Hispanic/Latino population of over 34 percent. If you are a Latino individual living in Napa, you should know that discrimination in the workplace is illegal. Your employer may not discriminate against you based on your race, religion, ethnicity, national origin, sexual orientation, age, or gender.

If you live in the Napa Valley, and you believe that your boss has discriminated against you based on the above mentioned categories, you may have an employment law claim. Don’t hesitate to contact discrimination attorneys at Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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 protect your rights in the workplace!

The federal labor department revised the Family and Medical Leave Act (FMLA) on November 17, 2008. Registered Domestic Partners should take note of this act, and how it differs from protection under California law. California workers are also protected under the California Family Rights Act (CFRA). While FMLA was recently amended, its provisions still do not protect Registered Domestic Partners. It is very important for domestic partners to realize that if they are working in CA, they do have rights under the CFRA. Under the CFRA, Domestic Partners are covered like spouses.

If you are a in a Registered Domestic Partnership, you are entitled to all the benefits of a spouse under CFRA. This act ensures that you have rights to take leave to bond with a newborn child, when a child is placed with the employee’s family for adoption or foster care, when the employee’s child, parent, or spouse faces a serious health condition, and/or if the employee faces a serious health condition. If you believe that you have been denied the right to take leave under the CFRA, contact Bay Area discrimination lawyers Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our skilled attorneys will help fight for your rights, and the rights of your family!

If you are a disabled individual that has been denied a job because of your disability, you may have a suit against the company that interviewed you. The Americans with Disabilities Act (ADA) protects qualified disabled individuals from discrimination by private employers, state and local governments, employment agencies, and labor unions. The ADA applies to organizations with more than 15 or more employees.

In order to bring a suit, you must be able to show that you have a physical or mental impairment that substantially limits one or more of major life activities, you have a record of such impairment, or you are regarded as having an impairment. A “qualified employee” with a disability is an person who can perform the essential elements of their job with our without reasonable accommodation. Reasonable accommodations typically include things such as your employer making existing working conditions readily accessible for people with disabilities, modifying work schedules, acquiring or modifying equipment, etc.

If you have been discriminated against based on your disability, you are not alone. Recently United Airlines agreed to pay $850,000 to a class of employees with disabilities that alleged the airline’s overtime policy violated the ADA. The airline refused to allow individuals who worked on light or limited duty from working overtime. This greatly affected disabled employees. If you have been a victim of disability discrimination call Nor Cal discrimination lawyers Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to fight for your rights at work!

If you have ever felt the sting of racial discrimination, you know just how truly scarring the experience can be. If you are a California worker, and you face racial discrimination at work, do not remain quiet. Racial discrimination at work is illegal under both California and federal law. Your boss may not discriminate against you based on the “terms and conditions” of your employment in relation to your race or color. “Terms and conditions” may be a wide range of things pertaining to your job including salary, vacation time, promotions, termination, titles, etc.

“Race” is defined as a person’s ethnic characteristics and/or ancestry. While many people may be aware that it is against the law for your boss to discriminate against you because of your race, you may not know that it is also illegal for your boss to discriminate against you based on who you associate with. Therefore, if your employer discriminates against you because you are friends with people of a certain race, this is discrimination is also illegal.

There are two types of racial discrimination: disparate treatment and disparate impact. “Disparate treatment” is a type of discrimination that is easy to notice. This discrimination occurs when your employer treats you differently because you belong to a specific race. “Disparate impact” is a type of discrimination that affects people in a more subtle way. This discrimination occurs when a company policy tends to exclude a particular race from a job or promotions. The policy wasn’t designed to exclude that particular race, but it was just the sad result. If you have been a victim of race discrimination do not stand for this treatment! Contact experienced and skilled discrimination lawyers Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Under the federal Equal Pay Act, your employer may not discriminate against you on the basis of your gender in relation to salary. Men and women both working in substantially similar jobs, requiring equal skill, effort, and responsibility, in like working conditions, are entitled to be paid equally.

If you are a female working in Silicon Valley, and you believe that you are being paid less than a man doing substantially the same work with the same responsibility, you may have an employment claim against your boss. However, your boss may be able to show that the discrepancy in pay is based on factors other than sex. If your employer cannot do this, you may have a strong case. If you can prove that a legitimate pay bias exists, your employer is required to correct the pay gap by increasing the salary of the lower paid sex. Your boss may not respond by lowering the wage of the higher paid gender.

The Silicon Valley technology industry is often times a male dominated industry. If you are a woman who has tried to climb the corporate ladder, but has been denied similar wages for similar work and responsibilities with male co-workers, you are not alone. The Equal Employment Opportunity Commission (EEOC) recently decided to accept a case brought against Wal-Mart by former workers. These workers alleged that Wal-Mart had a gender bias in pay that reached across the whole country.

If you believe that your employer is paying you less than a male co-worker for the same type of work, don’t wait to get help. Call experience employment lawyers, Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Have you reported your boss’ illegal act to a government or law enforcement agency? Have you lost your job as a result? If so, you may have an employment claim against your employer. “Whistle blowing” is protected by law. “Whistle blowing” is the act of telling an allegedly illegal activity occurring in the workplace to someone outside the company that belongs to a government or law enforcement agency. If you have blown the whistle, you are protected by the law. Your employer may not fire you for “blowing the whistle.” If your employer has fired you after you blew the whistle, you may have been a victim of retaliation.

If you have found yourself in this situation, you should know that it doesn’t matter if your employer has actually broken the law. You are still protected from being fired in retaliation if you believed that you were reporting an illegal act, and if your belief was reasonable. Your employer may also not treat you differently at work simply because you have blow the whistle. For example, if you report sexual harassment in the workplace and your boss fires you as a result, you may have a claim against your boss.

It may surprise you, but retaliation is not uncommon in the workplace. Just recently, Motorola’s former CFO sued the company for retaliation. The company denies the allegations, and claim they fired him “for cause.” Regardless of how this case turns out, you should know that retaliation against whistle blowing is illegal. If you believe that you have been wrongfully terminated, call SF employment lawyers Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. 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!

Under the federal Fair Labor Standards Act (FLSA), you are entitled to be paid overtime. Overtime is considered to be any hours worked over a 40 hour work week. The FLSA does not limit the number of hours that an adult may work a week. If you work over 40 hours in one week, you must be paid at least one and a half times your regular hourly salary per hour. However, the FLSA does not require that you are paid overtime for working more than eight hours in one day. Therefore, even if you work more than eight hours in one day, but work less than 40 hours that week, you are not entitled to overtime pay.

If you work overtime, you should be aware that under the FLSA your employer is not required to pay you immediately at the time you work overtime. Under FLSA, your employer is allowed to calculate your overtime pay by the week. A “week” can be made up of any 168 hour time period consisting of seven consecutive days. Your boss may count a “week” starting from any day of the week. However, he must be consistent, and cannot constantly change the start day of the “week” to cheat you out of pay.

If you work in the construction industry, you should note a recent case where thousands of Hispanic/Latino workers sued Masco Contractor Service Inc., and its Californian subsidiaries for allegedly failing to pay them properly for their hours worked. The case was recently settled, and the workers will receive $8.5 million. The company denies liability. Improper payment by employers is not uncommon. If you feel that your employer has not been paying you appropriately, don’t hesitate to act. Contact Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our attorneys are here for you!

If you have been treated differently at work because of your national origin, you know that this discrimination is painful. Not only is it hurtful, but it is illegal. According to Title VII of the federal Civil Rights Act of 1964, you are protected against this type of discrimination when working for employer that has more than 15 employees. If you are authorized to work in the United States and have been discriminated against based on national origin, you may have a claim against your employer.

National origin discrimination is defined as treating an employee worse than other employee because he or she has a particular national origin. For example, if your employer continually treats you worse than other employees because you were born and raised in Mexico, you may have a claim against your employer. However, national origin discrimination can also come in other forms. For example, if your employer treats you worse than another employee because you are married to someone from a particular country, this is also illegal.

You are protected under the Civil Rights Act in various ways. Your employer may not make any employment decision based on national origin. This means that if your employer decides to layoff someone, he cannot fire you simply because he doesn’t like your national origin. Your employer is also required to protect you from a hostile work environment. This means that if coworkers or managers are harassing you because of your ethnicity or national origin, your employer must act to end this harassment. You are also protected from being discriminated against based on accent. However, your boss may make an employment decision based on accent if it materially interferes with your job performance. Teaching, customer service, and telemarketing are all positions that have been found to be jobs where effective communication in English is necessary. Also, if your boss adopts “English-only” rules, these rules must be adopted for non-discriminatory purposes. Non-discriminatory purposes include keeping the workplace safe and efficient.

If you believe that your employer has unlawfully discriminated against you based on your country of origin, you should take a stand. Contact Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help you stand up for your rights!

Employees over 40 years old are protected under both the federal Age Discrimination Employment Act, and the California Fair Employment and Housing Act. These laws only protect people age 40 and above. If you live in the Bay Area, and you have been fired because you are over 40 years old you may have an employment claim against your boss.

Age discrimination is often times more complicated than other types of discrimination. For example, it is not illegal for a company to replace people that are earning more money with people who earn less because they have less seniority. Often times, this results in firing older workers and replacing them with younger workers. If age, and not salary, is the real reason for the replacement this is illegal. However, in this scenario, the employee must be able to prove that their boss’ motivation for firing was age and not wage.

“Golden Handshakes” are also generally not illegal. These are special agreements that are given to employees who agree to retire at an earlier age. This is not per se illegal. However, if the employee can show that their employer’s motivation for the retirement was to purge the company of older workers, then the “golden handshake” may be illegal.

If you are over 40 years old and believe that your employer fired you because of your age you may have a claim against your employer. Contact discrimination attorneys Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!