San Francisco Employment Lawyer Blog

Santa Clara, California is a diverse town situated in the heart of Silicon Valley. Santa Clara boasts over 100,000 residents. Of these residents, over 36 percent identify as Asian and 19 percent as Hispanic/Latino. While diversity enriches culture, it sadly may lead to conflicts in the workplace.

If you live in the Santa Clara area, you should know that you are protected by both California and Federal employment law. The law makes it illegal for your boss to discriminate against you based on your race, national origin, sex, sexual orientation, religion, etc. It is also illegal for your boss or co-workers to sexually harass you in the workplace.

If you have experienced the pain of sexual harassment or discrimination, you should know you are not alone. The highly experienced team of attorneys at Greenberg & Rudman LLP are here to help you. Our group of lawyers will assist you in dealing with this difficult and painful issue. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation! You can also visit us online at www.discriminationattorney.com.

If you have been made to feel uncomfortable at work because of your sex you may be experiencing a Hostile Workplace. This is a type of sexual harassment that occurs when an employer or another worker does, or says, something that makes the victim uncomfortable because of their sex. Both men and women can be harassed this way. For this type of activity to constitute "harassment," the behavior must be offensive. This means that if you enjoy exchanging sexual jokes with a co-worker, you are not being harassed.

The offensive behavior must also be "severe and pervasive." Thus, if your boss made a one-time lewd comment to you, this may not constituted "hostile work environment" harassment. If you have been experiencing "hostile work environment" harassment, you should following the company policy and report the behavior to your Supervisor or Human Resources.

It can be very scary to be sexually harassed, and if you have been a victim you should not remain silent. Speak out about your harassment, and contact the skilled attorneys at Greenberg & Rudman LLP. Our team will be on your side! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com. We are here to help you!

While many people may know that discrimination at work based on race or sex is illegal, did you know that discrimination at work based on you pregnancy is also illegal? Under the Pregnancy Discrimination Act of 1964, you are protected from discrimination on the basis of pregnancy, childbirth, or related medical conditions. The Pregnancy Discrimination Act applies to employers with over 15 workers.

Under the Pregnancy Discrimination Act, an employer cannot refuse to higher a woman because of her pregnancy. A boss may also not discriminate against a worker by treating a pregnant woman who is unable to preform her job due to her pregnancy differently from another disabled individual.

If you are a pregnant woman who has faced pregnancy discrimination at your Bay Area job don't hesitate to get help. The experienced lawyers at Greenberg & Rudman LLP are here to help you through this process. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com. We are here to help you!

The Americans with Disabilities Act of 1990 (ADA) creates protection for disabled individuals in the workplace. Under this act, it is illegal for your boss to treat you differently than other workers because you are disabled. An employer may not discriminate against you based on the terms and conditions of your employment. "Terms and conditions" include things such as salary, promotions, vacation time, advancement, firing, hiring, etc.

Under the ADA, a disabled individual is a person who (1) has a physical or mental impairment that substantially limits one or more major life activities of such individual; (2) has a record of such an impairment; or (3) is regarded as having such an impairment. "Major Life Activities" include things such as seeing, hearing, eating, sleeping, walking, etc. If you believe that your condition fits ADA medical disability, you may likely be protected by this act.

Sadly, disability discrimination is not uncommon. Last year alone, the Equal Employment and Opportunity Commission (EEOC) recovered over $57.2 million dollars in financial benefits for people who had medical disability discrimination claims. If you believe that your rights under the ADA have been violated, contact the experienced attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com. We will fight for you!

The Age Discrimination in Employment Act (ADEA) protects employees who are over the age of forty from being discriminated at work because of their age. The ADEA applies to employers who have 20 or more employees. This includes state and local governments. The ADEA also provides protection for people who oppose employment practices that discriminate based on age, a person who files an age discrimination charge, and people who participate in an investigation, proceeding, or litigation regarding the ADEA.

If you are over 40 and if you believe that you Bay Area boss has been discriminating against you because of your age, you should be aware that this situation is sadly not uncommon. In 2008, the Equal Employment and Opportunity Commission (EEOC) received over 24,582 allegations of age discrimination. Out of these charges, the EEOC resolved 21,415 cases, and recovered over $82.8 million in damages.

Age discrimination may come in many forms, and it is not merely being treated badly because you are an older worker. Individuals that have experienced age discrimination may have been discriminated against because their employers only provide younger employees with job training and learning experiences, promotions, more vacation time, etc.

If you have been a victim of age discrimination, don't hesitate to contact the highly skilled attorneys at Greenberg & Rudman LLP. Our team of lawyers is here to guide you through this process. You can call us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com. We are here to help you!

Santa Cruz, California is a beach town of over 54,000 people. This Northern California city has historically been bustling with political activity. It is also the home of UC Santa Cruz. The residents of Santa Cruz include over 15 percent of individuals from Hispanic/Latino backgrounds and 5 percent of people from Asian backgrounds.

If you are a resident of the Santa Cruz area, you should know that discrimination in the workplace based on sex, age, race, religion, national origin, etc. is illegal. You are protected under California and Federal law from being treated differently at work based on your inclusion in any "protected class." This means that if your boss treats you differently because you are of Mexican heritage, you may have an employment claim. While Santa Cruz may be a politically progressive city, it is not immune from the dangers of workplace discrimination.

If you believe that you have been a victim, don't stand idle. Contact the highly skilled employment attorneys 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 online at www.discriminationattorney.com. We are here to help you!

If you have been diagnosed with cancer, and your employer has treated you differently from other employees because you have cancer, you may have an employment claim. Cancer is a disease that is characterized by uncontrolled cell division that may spread to other tissue in the body. There are many differently types of cancer, and each requires differently treatment. Most cancers are treated with a combination of radiology and chemotherapy. If you have cancer, and your boss is discriminating against you because of your cancer diagnosis, you may be able to bring a suit.

In order to bring suit against your employer, you must be able to show that your cancer constitutes a "medical disability." To bring a claim against your employer, you must also be able to show that your cancer has resulted in physical limitations, that you can still preform the essential tasks of your job, and that your boss has discriminated against you because of your cancer. Some examples of ways in which your employer may have discriminated against you include not allowing you to miss work for medical appointments, not providing reasonable at-work accommodations for your cancer, and not allowing you to take a reasonable time off work for chemotherapy and radiation sessions.

If you believe that you have been discriminated against based on your cancer, contact the experienced attorneys at Greenberg & Rudman LLP at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com. We are here to protect your rights and to guide you through this process.

Last year alone, over 13,000 charges of sexual harassment were filed with the Equal Employment and Opportunity Commission (EEOC). There are two basic types of sexual harassment. First, “quid-pro-quo” harassment is “this for that” harassment. This is the type of harassment that you experience if your boss offers you a promotion in exchange for a sexual favor. “Quid-pro-quo” harassment can also be the opposite. If your boss threatens to fire you, if you don’t perform sexual favors, you have also experienced sexual harassment.

In addition to “quid-pro-quo” harassment, there is “hostile work environment” harassment. This is the type of harassment that you experience when you are made to feel uncomfortable at work because of your sex. The conduct that makes you feel uncomfortable must be offensive, and severe and pervasive. Thus, a one-time off-color comment may not suffice as sexual harassment. However, if your boss or co-worker has continually made offensive sexual jokes, you may have experienced the “hostile work environment” harassment.

If you believe you are a victim of sexual harassment, don’t isolate yourself. The attorneys at Greenberg & Rudman LLP can help you. 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 skilled attorneys are here to fight for you!

Regardless of your nationality or color, you are protected under the Civil Rights Act from discrimination at work based on race, color, national origin, or ethnicity. Title VI of the Civil Rights Act that grants this protection applies to employers who have over 15 employees. Under this Act, you cannot be denied a job because of your racial group, or your perceived racial group. Therefore, if you were refused a job because the employer thought you were Mexican or Latino, but you are not, you are still protected under the law. In addition to being protected from discrimination based on race, your employer may not discriminate against you based on race-linked characteristics. These characteristics may include hair texture, color, and facial features.

Your employer may not discriminate against you based on race in relation to the “terms and conditions” of employment. “Terms and conditions” of employment include salary, vacation time, promotions, firing, hiring, transfers, assignments, etc. While you may think that racial discrimination is uncommon, this is actually not true. In 2008 alone, the Equal Employment Opportunity Commission (EEOC) received over 33,900 charges of race discrimination. Out of these allegations, the EEOC resolved 28,321 claims and won over $79.3 million in damages.

If you think you have been a victim of race discrimination, don’t hesitate to call the skilled discrimination attorneys 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 have a disability, you may be protected under the Americans with Disabilities Act (ADA). The ADA protects qualified individuals with disabilities from being discriminated against in relation to the terms and conditions of employment. “Terms and conditions” include things such as salary, hiring, firing, advancement, job training, etc.

Under the ADA, a person is considered to have a disability if they have a physical or mental impairment that substantially limits one or more major life activities, has a record of impairment, or is regarded as having such an impairment. A qualified individual is a person with disability that, with or without, reasonable accommodation can perform the essential functions of the position.

Recently, a hospital was sued by the Equal Employment Opportunity Commission (EEOC) on behalf of an employee who was allegedly fired because she had cancer. The EEOC alleged that the worker required a reasonable accommodation for her disability due to her cancer treatments including chemotherapy and surgery. The EEOC claims that the hospital suddenly stopped accommodating the worker, and demanded that she return to work fulltime without restrictions.

If you have faced a similar situation, and have been a victim of disability discrimination at work, don’t remain silent. Stand up for your rights at work! Contact the highly skilled 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 can help you!

It is against the law for you Silicon Valley boss to treat you differently at work because of your sex or gender. Title VII and the Federal Employment and Housing Act (FEHA) prohibit sex discrimination in the workplace. Sex discrimination simply means treating someone differently because of their gender. If this discrimination affects the “terms or conditions of employment,” it is illegal. “Terms and conditions” include things such as salary, vacation time, promotions, titles, etc.

There are two types of sexual discrimination: disparate treatment and disparate impact. Disparate treatment sexual discrimination is easy to spot. This is the type of discrimination that occurs when your employer treats you differently because of your sex. Disparate impact, on the other hand, is much more difficult to prove. “Disparate impact” discrimination is where a company policy excludes one sex from a specific job or promotions. The policy was not designed to exclude them, but it was the unfortunate side-effect of the policy.
If you believe that you have been subject to sex discrimination at work, don’t hesitate to act. Discrimination based on sex/gender is against the law! Recently, a plastics company was sued by the Equal Employment Opportunity Commission (EEOC) for sex discrimination. According to suit, women workers were allegedly refused promotions to certain jobs because of their sex.

If you have been a victim of sex/gender discrimination don’t remain silent. You are not alone. The skilled attorneys at Greenberg & Rudman LLP are here to help you. 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 complained about illegal activities at work and were fired as a result, your boss’ retaliation may be illegal. Telling on your employer is known as “whistle blowing.” In order for you to be protected from retaliation, you must have told a government or law enforcement agency about the illegal behavior you witnesses at work. If you reported this behavior inside, the company, you may not be protected by whistle-blowing statutes. If you are protected, your employer may not retaliate against you in any way. This means that your employer may not fire you, demote you, or otherwise “punish” you for your behavior.

While it may seem hard to believe, retaliation is not uncommon in the workplace. Just recently, a company called Maverick Tube settled a retaliation sued that the Equal Employment and Opportunity Commission (EEOC) brought against them. The EEOC alleged the company had fired a worker who had complained about racially offensive comments in the workplace. He was fired soon after. The suit was settled for $175,000.

If you believe that you have blown the whistle on your employer, and you were retaliated against as a result, you should stand up for your rights! This behavior may be illegal. Contact San Francisco 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.

Did you know that if you have faced discrimination at work, and if you are over 40 years old, you are protected by the law? The Federal Age Discrimination in Employment Act (ADEA) and the California Fair Employment and Housing Act (FEHA) protects you from being discriminated against based on your age. However, these laws only apply to discrimination of workers who are over 40 years old.

While it is illegal for your boss to fire you because you are over 40 years old, it is not illegal for an employer to replace a person making higher wages with one who is making less because they have less seniority. In reality, this often means that older workers are replaced with younger workers. If age is not the motivation, then this is not illegal.

If you believe that your boss has wrongfully discriminated against you based on your age, you are not alone. Recently, a lawsuit against 3M was filed in California. This lawsuit alleged that 3M discriminated against six former and current employees based on their age. All the employees were 46 years and older. They argue that 3M gave younger employees preferences in training, promotions, and high salaries. If you have also been a victim of age discrimination, contact the law offices of 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. We can help you protect your rights at work!

Many people know that sexual harassment at work is illegal. However, did you know that harassment based on your race or ethnicity is also illegal? It is. If your boss has harassed you because of your color, race, ethnicity, or nation origin, you may have an employment claim. This type of harassment is known as the “hostile work environment.” You have experienced this type of harassment if you have been made to feel uncomfortable because of your race, color, national origin, or ethnicity. This type of harassment must be severe and pervasive. If you have been continually exposed to ethnic jokes, slurs, or other types of continually offensive behavior, you may be able to bring a claim against your employer.

Racial harassment often times is associated with racial discrimination. Therefore, if you have been discriminated against because of your race you may have also experienced harassment based on your race. Racial harassment is sadly not uncommon. Just recently the Equal Employment and Opportunity Commission (EEOC) brought a claim against Wal-Mart on behalf of several Latino individuals who alleged they had been subjected to a hostile work environment and harassed because of their Mexican national origin.

If you have had a similar experience, or if you have been a victim of discrimination, don’t hesitate to contact the employment lawyers at Greenberg & Rudman LLP. Our team is highly experienced and can help you! 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.

Carpal Tunnel Syndrome (CTS) can be a very painful wrist condition. It is often characterized by a burning and tingling of the fingers and thumbs, pain, and weakness in the hand. This condition is often brought about by jobs that involve extensive typing. If you have been treated differently at work because of your Carpal Tunnel Syndrome you may have an employment claim.

If you have been diagnosed with this condition, and your condition constitutes a medical disability, you may have an employment claim. In order to bring suit for this, you need to be able to show that your carpal tunnel syndrome has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has discriminated against you. Examples of ways in which your employer may have discriminated against you include not allowing you to miss work for doctor’s appointments, not providing you with a reasonable on-site accommodation for your disability, and/or not allowing you to take breaks from your constant hand movements to alleviate the pain associated with CTS.

If you have been a victim of discrimination based on CTS, or another disease, you may be able to bring a claim against your employer. Contact the 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. We can help you protect yourself.

Palo Alto, California is nestled in the Bay Area. It is a very charming city with over 63,700 residents. Palo Alto has a very diverse population. Over 23 percent of its residents are Asian, and 5.9 percent are Hispanic/Latino. A diverse population can sadly lead to conflicts in the workplace. If you have faced harassment or discrimination at work, you should know you are not alone.

Discrimination or harassment based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender is illegal. If you have been a victim of discrimination or harassment based on any of these characteristics, you may have an employment law claim. Don’t be embarrassed or ashamed to seek help. Discrimination and harassment occur more often than you may think, and you need to stand up for your rights to a safe work environment. Contact the 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. We are here to help you!

You are protected from religious discrimination by Title VII of the Civil Rights Act of 1964. Under this Act, an employer with 15 or more employees, is forbidden from discriminating against people based on their religion in relation to the “terms and conditions” of employment. “Terms and conditions” refer to things such as salary, vacation time, promotions, termination, hiring, titles, etc.

Under the Act, your employer is also prohibited from forcing you to participate in a religious activity as a condition for your employment. Your employer cannot treat you more or less favorably because of your religious beliefs (or lack of beliefs). In addition, your employer must also reasonably accommodate employee’s sincere religious practices unless accommodation would place an “undue hardship” on the employer. Examples of ways an employer may be able to show an “undue hardship” is if the accommodation of the employee’s beliefs would require more than ordinary costs, if it diminishes that efficiency of other jobs, if it infringes on other employee’s rights, or if it impairs workplace safety.

If you believe that you have been discriminated against based on your religion, you are not alone. In 2008 the Equal Employment Opportunity Commission received over 3,000 allegations of religious discrimination. The Commission recovered over $7.5 million in damages. If you have been a victim of religious discrimination don’t hesitate to contact the experienced discrimination 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 have been a victim of sexual harassment, you know how traumatizing the experience can be. There are two types of sexual harassment: quid-pro-quo harassment and the hostile work environment. Quid-pro-quo harassment involves your employer or manager asking for sexual favors in exchange for work benefits. For example, if you boss asks you to sleep with him in order to get a promotion this is “quid-pro-quo” harassment. However, you can also face more subtle forms of sexual harassment at work.

The “hostile work environment” harassment involves you being made to feel uncomfortable because of your sex. This leads to an uncomfortable work environment. The behavior that make you feel uncomfortable must be offensive, and the harassment must also be severe and pervasive. Therefore, if a co-worker makes a one-time off-color remark, this is likely not sexual harassment.

Sexual harassment at work is not as uncommon as you might imagine. For example, a lawsuit filed by animal activist Mary Cummins-Cobb alleged that Animal Services Director Ed Boks sexually harassed her. The Los Angeles City Council approved the $130,000 settlement of this case. If you have also been a victim of sexual harassment, do not remain silent. Call the skilled 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 help you!

The Equal Pay Act as passed in 1963. This Act requires that employers pay both male and female employees “equal pay” for “equal work” in the same establishment. This means that your boss cannot pay you less simply because you belong to a particular gender. Employers must pay both genders similar wages if both employees work at jobs that require substantially equal skill, effort, responsibility, and are preformed in similar working conditions.
When determining what constitutes similar “skill” factors such as experience, education, ability, and training may be considered. “Effort” is the level of physical or mental exertion that is needed to perform the job. “Responsibility” includes things such as the level of accountability that is required for performing the task. “Working conditions” include physical surroundings – temperature, fumes, ventilation and also hazards. Employer may pay employees differently based on seniority, merit, quality of work, etc.

If you believe that your employer is paying you less than another employee of the opposite gender for similar work involving similar levels of effort, responsibility, and similar working conditions, you may have an employment claim. Contact the skilled 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.

Did you know that a “short-shift premium” is illegal in California? A “California differential” or “short-shift premium” is what occurs when a worker receives two different levels of pay simply depending on the number of hours they work. This situation is very common in hospitals and often affects nurses. A “short-shift premium” is illegal under California law. If your employer has been paying you using this method, you should contact employment lawyers at Greenberg & Rudman LLP today.

Even if you have not experienced a “California Differential” at work, you may have experienced other violations in relation to your wages. For example, if your employer has not paid you for the overtime you have worked you may be able to bring a lawsuit. Recently, a wage lawsuit was settled for $1.2 million. The lawsuit was brought by more than 1,000 call center workers who alleged they had not been timely paid and were owed back wages. The company denies the allegations.

If you have faced a similar situation, or if your boss is paying you a short-shift premium, you should call the highly skilled 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 will help you fight for your rights!

“Whistle blowing” is defined at the activity that an employee engages in when he or she reports an employer’s illegal activity to a government agency or law enforcement. If you have “blown the whistle” on your employer, you should know that there are laws in place to protect you. If you blow the whistle, it is illegal for your employer to retaliate against you. This means that your employer cannot fire, demote, or otherwise punish you for reporting the illegal activity. This does not mean that your employer may not fire you for another, legitimate reason.

In order to be protected by “whistle blowing” laws, you must report the illegal behavior to someone outside the company in a government agency or law enforcement position. If you report the behavior to someone inside the company, this is not considered “whistle blowing.”

“Whistle blowing” is not an uncommon occurrence. Recently the former owners of Pacific Lumber Company agreed to settle a lawsuit brought by two California Department of Forestry employees. The former employees alleged that Maxxam Corp. and Charles Hurwitz submitted fraudulent data to the government. At that time, Maxxam and Hurwitz controlled Pacific Lumber. The former owners agreed to pay $4 million to settle the suit. California will receive $500,000 and the federal government will receive $2.5 million.

If you have blown the whistle on your employer, and if you have been retaliated against as a result, contact experienced attorneys 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.

California is an “at-will” state. This means that most people can be fired, or hired, for any reason at any time. Under the “at-will” theory, an employer can even fire an employee solely because the employer did not like the worker. However, one notable exception to the “at-will” doctrine is if you have an employment contract. Employment contracts are pretty rare. However, union employees have union contracts with the employer.

If you are a union member, and if you have been fired in violation of your union contract you may have a right to sue. If your employer has breached your union contract, you may have a legal claim. However, before you attempt to bring suit, you must pursue “administrative remedies.” These remedies include grievance procedures, arbitrations, and other processes. These administrative remedies are likely to be included in the union contract.

If you are a union member, and if your boss has fired you in spite of your union contract, you should contact employment lawyers immediately. However, even if you have not been fired you may still have a claim. If you are a member of a union, and your employer breached any part of the contract, this may provide a basis for you to bring suit. If you have questions about whether or not you have a case against your employer, call employment attorneys today. Our team of highly experienced lawyers are here to assist 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.

The Americans with Disabilities Act (ADA) forbids private employers from discriminating against qualified individuals with disabilities in relation to the terms and conditions of employment. “Terms and conditions” include things such as hiring, application procedures, termination, promotions, salary, training, etc. The ADA applies to employer with over 15 or more employees. If you have been discriminated against because of your disability, and if you employer is covered under the ADA, you may have an employment claim.

Under the ADA and employee is considered disable if they have a physical or mental impairment that “substantially limits one or more major life activities,” if the employee has a record of such an impairment, or if the employee is regarded as having such an impairment. Under the ADA, the employer is required to make a “reasonable accommodation” for a known disability of a qualified individual if the accommodation would not be a “undue hardship.” An “undue hardship” is anything that requires significant difficulty or expense.

In 2008, the Equal Employment and Opportunity Commission resolved over 15,000 charges of disability discrimination. The Commission recovered over $57.2 million in monetary damages. Recently, the City of San Francisco agreed to pay $92,000 to settle a lawsuit brought under the ADA. This lawsuit was brought by two disabled individuals who were trapped when a city-owned elevator was shut off.

If you believe that you have been a victim of discrimination based on your disability, or if you think your rights under the ADA have been violated, contact San Francisco 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!

A cataract is an eye condition that can slowly lead to vision loss and/or blindness if left untreated. Cataracts can arise for many reasons. Old age, eye injury, and ultraviolet exposure can lead to cataracts. The best way to treat this condition is through surgery.

If you have cataracts, and your cataracts are considered a medical disability, you employer cannot discriminate against you based on this disability. If your boss has treated you differently because of your cataracts, you may be able to bring a claim against him. In order to bring a suit, you must be able to show that your condition is considered a medical disability and that your cataracts resulted in physical limitations, that you can still perform the essential tasks of your jobs, and that your boss has discriminated against you based on your disability.

If you have been a victim of medical discrimination, don’t remain silent. This activity is illegal, and you should stand up for your rights at work. Contact the experienced medical discrimination attorneys 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. We will look out for you!

Racial discrimination is against the law. If your boss has harassed you because of your race, you may have an employment law claim. Harassment in the workplace is often identified as a “hostile work environment.” A “hostile” work environment is one where you are made to feel uncomfortable because of your race. The conduct that makes you feel uncomfortable must be “offensive.” In order to be actionable, the conduct must also be “severe and pervasive.” If you have been a victim of the “hostile” workplace, you know that this is an unpleasant experience. Don’t accept this illegal behavior.

Racial harassment is not new. Recently, former employees of PharMercia sued the company alleging racial harassment. The former workers were five African immigrants. The employees alleged that while they were employed they were subjected to racial harassment and were called lazy, black sheep, barbarians, and the n-word. This case, sadly, is not an isolated incident. There are many cases of racial harassment nationwide. Oftentimes, racial harassment is also paired with racial discrimination.

If you have been a victim of racial harassment, contact the 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. We are here to help you!

Have you been sexually harassed at work? If you have, you know this experience can be confusing and scary. The “hostile work environment” is a special type of sexual harassment. This is the type of harassment that you experience when “offensive” conduct makes you feel uncomfortable because of your sex. In order to be a “hostile” work environment the conduct must be “offensive.” This means that if you are not offended by the conduct, you do not have a “hostile” environment. Thus, if two employees enjoy exchanging sexual jokes, it is not harassment in the workplace. However, if one employee made sexual jokes to another who was offended, this would be sexual harassment. In order to bring a claim, the harassment must be “severe and pervasive.” This means, that an off-handed remark that occurred one time may not be sexual harassment.

Sadly, sexual harassment is all too common in the workplace. Recently, Henry Ian Cusick, a star on Lost, has been sued for sexual harassment. The suit alleged that a former ABC employee was sexually harassed by Cusick. The former ABC employee claims that Cusick sexually touched her, and caressed her back while making moaning sounds. After complaining about the harassment, she was allegedly fired in retaliation.

If you have been a victim of sexual harassment, and if you have been suffering through a “hostile work environment,” you should protect your rights! Call experienced 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 help you through this painful experience.

Do you live in the Walnut Creek area? Walnut Creek is the home to the California Symphony and over 65,000 residents. Walnut Creek is not a very ethnically diverse city. Over 80 percent of its residents are white. 12 percent of Walnut Creek residents are Asian, and 7 percent are Hispanic/Latino. A lack of diversity may lead to intolerance and prejudice in the workplace. If you have a victim of discrimination at your Walnut Creek job you should contact the highly experienced attorneys at Greenberg & Rudman LLP. You can call us at 1-800-ALAWPRO or 1-800-252-9776.

Discrimination and harassment are very painful experiences. Many residents of Walnut Creek may not realize that they have been victims of this illegal behavior. Did you know that being treated differently at work because of your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender is illegal? This behavior is illegal, and we can help you. Our team at Greenberg & Rudman LLP are here to help 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.

The Age Discrimination in Employment Act (ADEA) protects employees from being discriminated against based on their age. The ADEA applies to both employees and job applicants. The ADEA, however, only applies to employers that have 20 or more employees. The ADEA only applies to employees that are 40 or older. It does not apply to someone who is 39 years old. The ADEA also protects people who have opposed employment practices that discriminate based on age, or those who have testified or participated in an investigation under the ADEA. Under the ADEA, an employer may not retaliate against the individuals who participated in an ADEA investigation, proceeding, or litigation.

While discrimination based on age is illegal, “golden handshakes” are not considered age discrimination. “Golden handshakes” are packages given to people who are being laid off if they agree to take an early retirement. If there is a discriminatory motive and the “golden handshakes” are being used to get rid of older workers, this activity is likely illegal. It is also not illegal for an employer to replace higher paid employees with lower paid employees because they have lower seniority. Often times, this may mean replacing older workers with younger workers, but unless the motivation is to replace older workers, this activity is not illegal.

If you are a Northern California resident who is over 40, and if you have been a victim of discrimination based on your age, you should not hesitate to act. Age is discrimination is real, and it is illegal. Call the 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. We are here to help you fight for your rights at work!

Being pregnant can be a wonderful time in your life; however, it should not be a time of fighting pregnancy-based discrimination at work. Pregnancy discrimination is against both California and federal law. Pregnancy discrimination also makes it illegal for your boss to discriminate against you based on childbirth, related conditions, or “potential pregnancy.” The prohibition against “potential pregnancy” means that your employer may not treat a woman differently at work merely because she has the ability to become pregnant. It is also illegal for an employer to ask an employee if she plans to become pregnant.

If you are a pregnant employee, you should know that your employer has several obligation towards you. For example, if your doctor advises you to work in a position that is less hazardous or strenuous, your employer must transfer you to another position unless the employer would be “unduly burdened.” California workers also have the right to take time-off from work for a pregnancy. This right is provided by the Fair Employment and Housing Act (FEHA). Under FEHA, a woman has the right to take a leave of absence for a “reasonable period.” A “reasonable period of time” is considered the time frame when a woman is “disabled” because of pregnancy, childbirth, or related conditions. “Disabled” means that the woman cannot work. A woman’s pregnancy leave may not exceed four months. However, a woman may use her vacation time that she has accrued. During this leave, the employer does not have to pay the worker.

If you are a pregnant California employee, and if you have faced discrimination at work, contact the experience team of 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. We are here to fight for your rights!

The Department of Fair Employment and Housing (DFEH) is a department in the California government that protects residents from discrimination in both the workplace and in housing. DFEH serves to enforce several types of laws and regulations. DFEH enforces claims based on California’s Fair Employment and Housing Act (FEHA), the California Family Rights Act (CFRA), the Unruh Civil Rights Act, and the Ralph Civil Rights Act. FEHA protects workers from harassment and discrimination in the workplace.

Under FEHA, employees are protected from being harassed or discriminated against based on their age (over 40), ancestry, color, religious creed, disability, marital status, medical condition, national origin, race, religion, sex, sexual orientation, and denial of Family and Medical Care Leave.

Workers are also protected under the CFRA. This Act was created to allow for employees to be guaranteed leave from work under certain circumstances. These circumstances include allowing a worker to take time off for the birth of a child for the purpose of bonding, the placement of a child in the employee’s family for adoption or foster care, serious health conditions of the employee’s child, parent, or spouse, and for the employee’s own serious health conditions. While the employer need not be required to pay the employee during this leave, they are required to continue health care coverage and other benefits.

The Unruh Civil Rights Act prohibits discrimination by all businesses establishments in California on the basis of age, ancestry, color, disability, national origin, race, religion, sex, and/or sexual orientation. The Ralph Civil Rights Act addresses hate crimes. Violence or threats of violence based on age, ancestry, color, disability, political affiliation, national origin, race, religion, position in a labor dispute, sex, and/or sexual orientation.

If you believe that you may have a claim under one of these Acts, or if you have been a victim of discrimination and/or harassment at work, contact the highly skilled attorneys at Greenberg & Rudman LLP. 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.

Crohn’s disease is an autoimmune condition that is characterized by inflammation of the gastrointestinal tract. This condition can affect all parts of the gastrointestinal tract. Many of Crohn’s symptoms include diarrhea, weight loss, and abdominal pain. Crohn’s disease can also cause conditions such as skin rashes, arthritis, and eye inflammation. Currently, there is no cure for this disease. However, Crohn’s can be treated with steroid or biological medications. Surgery may also be a treatment for severe cases.

If you have Crohn’s Disease, and your diagnosis constitutes a legal medical disability, your employer may not discriminate against you because of your disease. In order to bring a suit against your employer for discrimination, you must be able to show that your Crohn’s disease resulted in physical limitations, that you can still perform the essential tasks of your jobs, and that your employer discriminated against you based on your disease.

You might be surprised to know of ways that your employer may have subtly discriminated against you based on your disease. Examples of discrimination include your employer not allowing you to miss work for medical appointments, your employer not allowing you to take a reasonable amount of time off work, and/or your employer not providing reasonable at work accommodations for your disease.

If you have been a victim of discrimination based on your Crohn’s disease call the experienced lawyers at Greenberg & Rudman LLP now! 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.

Pleasanton, a city of over 70,800 residents, is nestled in Alameda County. This city is the home to major divisions of companies such as PeopleSoft, AT&T, EMC, Symantec, and others. This northern California city is quite diverse. The city has a large Asian population comprising almost 20 percent of its residents. 10 percent of Pleasanton’s residents are from Hispanic/Latino backgrounds. Ethnic diversity enriches many aspects in life. Sadly, is may sometimes be the source of discrimination in the workplace. This type of discrimination is against the law, and if you have been a victim of racial discrimination you should not remain silent.

Not only is racial discrimination illegal, but discrimination based on religion, ethnicity, national origin, sexual orientation, age, and/or gender is also against the law. If you have been a victim of any of these types of discrimination, you should call the skilled 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.

Were you in the horrible position of trying to figure out what to do when you discovered your employer was breaking the law? Did you report your employer to law enforcement or a government agency? If you have done this, you have “blown the whistle” on your employer. You may be protected by “whistle blowing” laws. If you have reported an illegal activity of your employer to the government or law enforcement agency, you are protected from being retaliated against by your employer. Thus, if you get demoted or fired as a result of your whistle blowing, you may have an employment law claim.

If you have blown the whistle, you are not alone. Recently, Quest Diagnostics was involved in a whistle-blowing lawsuit. The Justice Department just announced the Quest will pay $45 million to the whistle blowing individual. The Whistle blower reported that a Quest subsidiary continued to market a certain test even though the company knew the test sometimes produced elevated results.

It is often very difficult to make the right decision and to blow the whistle about illegal activity. If you have been in this position, you should know you have resources. Call the experience 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 help!

Sexual harassment is against the law. If you have been a victim, then you know it can be a very painful experience. There are two types of sexual harassment: quid-pro-quo harassment and hostile work environment harassment. “Quid-pro-quo” harassment occurs when your boss asks for sexual favors in exchange for work favors. If your boss offers you a promotion if you sleep with him, this is sexual harassment. “Quid-pro-quo” harassment also can occur in the negative. Thus, if your boss threatens to fire you unless you sleep with him, this is also sexual harassment. Both instances of harassment are illegal. The second type of harassment is “hostile work environment.” This type of harassment occurs when you are subjected to offensive behavior that makes you feel uncomfortable because of your sex. This behavior also has to be “severe and pervasive.” Thus, if you felt uncomfortable because your manager once made a off-color sexual joke, this may not be considered sexual harassment.

Sexual harassment is surprisingly quite common in the workplace. Recently, a judge ruled for the Equal Employment and Opportunity Commission (EEOC) who brought a suit on behalf of female workers who had been subjected to sexual harassment when working for Sunfire Glass. The judge entered a judgment for over $267,000.

If you have faced the painful experience of being sexually harassed at work, you should contact employment lawyers immediately. The attorneys at Greenberg & Rudman LLP are highly skilled in employment law matters. 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. We are here to help!

California’s Fair Employment and Housing Act (FEHA) is the main California statute that prohibits workplace discrimination. FEHA covers employers, labor organizations, employment agencies, apprentice programs, etc. FEHA makes it illegal for an employer to discriminate on the basis of race/color, religion, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, sexual orientation, people over forty, and pregnancy and related conditions. FEHA also makes it illegal for an employer to retaliate against a worker who opposes any act that is listed as illegal under FEHA, a worker who files a complaint under FEHA, or who testifies or assists a proceeding under FEHA.

FEHA is comprised of several sections. Under Chapter 6 of FEHA, the types of prohibited discrimination are discussed. Article 1 discusses unlawful practices pertaining to workplace discrimination. Under Article 1, the law states that it is generally unlawful for an employer to discriminate against a person in relation to the terms, conditions, or privileges of employment. The employer may not discriminate against a person based on their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. “Terms and conditions” typically include things such as hiring, firing, promotions, salary, vacation time, etc.

Article 2 of the Fair Employment and Housing Act describes when housing discrimination becomes illegal. Under this article, the law states that it is unlawful for an owner of any housing accommodation to harass or discriminate against any individual because of their race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income, or disability. It is also illegal for the owner of any housing accommodation to make or cause any written or oral inquiry about a person seeking to rent or buy a home in relation to their race, color, religion, sex, sexual orientation, martial status, national origin, ancestry, familial status, or disability. This means that it is illegal for someone who owns a home or apartment complex to ask about the race, gender, etc. of a person who is looking to buy or rent the property.

If you believe that you have been a victim of a violation of the Fair Employment and Housing Act, don’t hesitate to call the skilled attorneys 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. We are here to help!