Posted On: June 30, 2009

COMPANY PAYS $1.4 MILLION TO SETTLE EQUAL EMPLOYMENT AGENCY SEX-BAIS LAWSUIT – CONTACT SAN FRANCISCO EMPLOYMENT LAWYERS

Schott North American, a multi-national manufacturer of glass and other materials agreed to a settlement of $1.4 million. The company allegedly laid off women because of their sex during a company reorganization. In addition to the large settlement, the company also agreed to annual anti-discrimination training for supervisors and managers, posing notice of the settlement, and was enjoined from engaging in any other discrimination or retaliation.

Employees are protected from sex-discrimination under Title VII of the Civil Rights Act of 1964. Title VII applies to employer with 15 plus employees. Under this Act, you cannot discriminate against an employee or applicant because of his/her sex in relation to hiring, firing, promotions, pay, training, etc. This act also makes it illegal for an employer to base employment decisions on stereotypes of the sexes. While sex-based discrimination remains illegal, the Equal Employment and Opportunity Commission (EEOC) received over 28,372 allegations of sex discrimination in 2008. Out of the cases the EEOC resolved, it won over $109.2 million in damages.

Gender%20Discrimination2.jpg If you have been treated differently at work because of your sex, you should not stand for this illegal behavior. Call the experienced team of 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.

Posted On: June 29, 2009

DID YOU LOSE YOUR NORTHERN CALIFORNIA JOB AFTER REPORTING ILLEGAL ACTIVITY OCCURING AT YOUR PLACE OF WORK? –YOU MAY BE PROTECTED UNDER WHISTLE-BLOWING STATUTES!

If you recently reported illegal activity to going on at your job to a law enforcement or government agency, and were fired as a result, you may be able to sue your employer. “Whistle-blowing” is a type of activity that is protected under the law. “Whistle-blowing” occurs when a worker reports an employer who is breaking the law. In order to be protected under “Whistle-blowing” statutes, you must have reported the illegal activity to a government agency or law enforcement. If you reported it inside the company, you are likely not protected under “Whistle-blowing” statutes.

Did you know that if you blew the whistle on your employer, and later realized the activity was not illegal, you may still be protected under the statutes? This is true. In order to receive protection, you must have believed you were reporting a violation of the law. If you are protected by Whistle-blowing statutes, your employer may not retaliate against you. This means that your employer may not demote or fire you for reporting the violation.

Recently, an EMS worker won a whistle-blowing lawsuit. The worker alleged he was fired after reporting that a woman at the hospital said she was assaulted by the wife of then-Mayor. If you have lost your job by reporting a violation of the law you have been unfairly and illegally treated. Contact the employment lawyer at Greenberg & Rudman LLP. Our team of skilled attorneys will fight for your rights. 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.

Posted On: June 28, 2009

ARE YOU A GAY/LESBIAN INDIVIDUAL LIVING IN THE SAN FRANCISCO AREA WHO HAS BEEN DISCRIMINATED AGAINST AT WORK BASED ON YOUR ORIENTATION?

Regardless of your sexual orientation, you should know that it is illegal in California for your employer to treat you differently based on your sexual orientation. This means that if you are a gay individual, your employer may not alienate, demote, fire, or otherwise discriminate against you because you are gay. However, it is also illegal if your employer discriminates against you because he/she thinks you are gay, even if you are not.

If you are living in the San Francisco Bay Area, you should know that California has a statute of limitations on Sexual Orientation discrimination. If your boss has discriminated against you because you are lesbian or gay, you must file a complaint with the California Labor Commission no longer than 30 days after you face discrimination. If you wait longer than 30 days, you will not be able to sue in court. It is also important to know that if you have been discriminated against because of your sexual orientation you were likely discriminated against in other ways. For example, you might have also been discriminated against based on sex. It is also illegal for your employer to harass you based on your sex or sexual orientation.

If you have faced the painful experience of discrimination based on sexual orientation or gender, contact the highly experienced team of employment attorneys at Greenberg & Rudman LLP. Our team will help you fight for your rights! 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.

Posted On: June 27, 2009

HAVE YOU LOST YOUR JOB BECAUSE OF YOUR AGE? IF YOU ARE OVER 40 YOU MAY BE A VICTIM OF AGE DISCRIMINATION

Are you over 40 years old? Have you recently been replaced by a younger worker? You may have been a victim of age discrimination. If you are over 40 years old, discriminating on the base of age is illegal under the Age Discrimination in Employment Act and the California Fair Employment and Housing Act. If you think that you have been discriminated against on the basis of age, you must know that these regulations only apply to workers over 40 years. If you were fired at 39, you are not protected from age discrimination.

However, just because you were over 40 and fired does not mean that you have faced age discrimination. In some cases, employers offer people “golden handshakes.” These are packages that are given to workers who agree to take an early retirement. “Gold handshakes” are not age discrimination unless you can prove that the employer was trying to get rid of older workers simply because of their age. It is also important to note that it is not illegal to replace high-paid workers with lower paid workers. However, this may mean replacing older, more experienced (and therefore higher paid) workers with inexperienced, and younger employees.

Ageism6.jpg If you believe you have been a victim of age discrimination, know you are not alone. This type of discrimination is sadly not uncommon to the workforce in California. If you think that you may have a claim against your boss, contact the highly skilled attorneys at Greenberg & Rudman LLP. We are here to help you! 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.

Posted On: June 26, 2009

HAS YOUR BOSS DISCRIMINATED AGAINST YOU BECAUSE OF YOUR ATTENTION DEFICIT DISORDER (ADD)? CALL DISCRIMINATION LAWYERS NOW!

Attention Deficit Disorder (ADD) is a mental disorder that causes an individual to have difficulty paying attention. Symptoms include hyperactivity, forgetfulness, poor impulse control, and distractibility. People suffering from ADD often have difficulty concentrating, and paying attention to details. Although ADD is thought not to have a cure, it may be treated with stimulant medication and psychotherapy.

If you have ADD you should know that your employer may not discriminate against you because of your condition. Your employer may not treat you differently because of your Attention Deficit Disorder. If you believe that your boss has discriminated against you because of your ADD you may be able to bring a suit if you can show that your disability results in physical limitations, that you can perform the essential functions of the job, and that your employer discriminated against you.

Examples of ways in which you employer may have discriminated against you because of your Attention Deficit Disorder include not allowing you to miss work for medical appointments, not allowing you to take a reasonable time off work, not providing reasonable on-site accommodations for your ADD, and/or not allowing you extra time to complete your tasks at work. If you believe that you are a victim of discrimination based on your ADD, you should contact 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.

Posted On: June 25, 2009

NOVATO, CALIFORNIA EMPLOYMENT ATTORNEYS – CALL US NOW!

Novato, California is a part of Marin County. This northern California city is home to over 51,200 people. Novato has a very diverse population. Over 19.8 percent of people living in this Bay Area town are Hispanic/Latino. 11.9 percent of Novato residents identify as some other non-white race.

Novato residents should understand that regardless of race, they are entitled to a safe working environment. In fact, northern California residents may not be discriminated against at work based on race, religion, ethnicity, national origin, sexual orientation, age, and/or gender. You are also entitled to a workplace that is non-hostile. Therefore, your employer may not harass you based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender.

If you live the in northern California area, and you have been harassed or discriminated against at work, contact 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.

Posted On: June 24, 2009

DISABILITY DISCRIMINATION FILINGS WITH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC) ON THE RISE IN CALIFORNIA

Last year, the number of disability discrimination complaints with the Equal Employment and Opportunity Commission (EEOC) rose 10 percent. In 2008, the total number of disability discrimination complaints with the EEOC totaled over 19,450. If you are a disabled worker, you should know that you are protected under the Americans with Disabilities Act (ADA). Under the ADA, an employer must provide a worker with “reasonable accommodations” for his/her disability. A “reasonable accommodation” may include modifying job duties, providing certain equipment, or providing some other form of aid. As long as the accommodation does not place an “undue burden” on the employer, he/she is obligated to accommodate the disability.

United Airlines was recently sued for violating a class of disabled employees by failing to “reasonably accommodate” them by providing job transfers to vacant positions. One of the plaintiffs, Joe Boswell, had worked for the airline in the San Francisco airport. After taking leave for treatment for a medical condition, he returned to work unable to perform his prior job. He applied for several internal positions that he was qualified for, and he was rejected from all of them.

If this story sounds familiar, and you have been discriminated against because of your disability, you should stand up for you rights. Contact our team of 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 you!

Posted On: June 23, 2009

HAVE YOU BEEN HARASSED IN SF AT WORK BY A MEMBER OF THE SAME SEX? THIS IS ILLEGAL SEXUAL HARASSMENT

Sexual harassment is illegal. While most people think of sexual harassment victims as women, and harassers as men, this is only a stereotype. Harassers can be men and women, and victims can be of either gender. In fact, a person can be sexually harassed by a person of the same, or opposite, gender. There are two basic type of sexual harassment. The first type, “quid-pro-quo” harassment is basically a form of a trade. The harasser asks the victim for sexual favors in exchange for a work benefit. The less common form of harassment is known as the “hostile work environment.” This type of harassment occurs when someone is made to feel uncomfortable because of his/her sex. The offensive behavior that leads to the feeling of discomfort must be severe and pervasive. It is important to remember that both a man, and woman, can be the cause of the hostile environment.

Dillard’s, a large retail company, recently entered into a settlement with the Equal Employment Opportunity Commission (EEOC) of around $100,000. The suit was brought on behalf of two male victims who were harassed by another male. The EEOC alleged that Dillard’s allowed a “hostile work environment” to exist in its Florida store. Specifically, it was claimed that a male supervisor engaged in physical and verbal sexual harassment of two other male workers.

If you have been sexually harassed at work, you are not alone. Don’t be embarrassed to stand up for your rights. Sexual harassment is illegal, and you should fight for your right to a non-threatening work environment. If you have been a victim, 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.

Posted On: June 22, 2009

ARE YOU A SF BAY AREA WORKER WHO HAS RECEIVED TWO RATES OF PAY ? SAN FRANCISCO EMPLOYMENT LAWYERS ARE HERE FOR YOU

Are you a hospital worker in the San Francisco Bay area? Has your employer been giving you two different rates of pay that depend on whether you work a 12 hour shift or a shift of a different length? If so, you should be aware that this type of payment is called a “California differential” or a “short shift premium.” However, it is against the law to pay employees in this manner. California is more protective of its workers than other states. If you are a worker in California, you are entitled to receive overtime pay if you work above a certain number of hours per week. In addition, California has a higher minimum wage that most other states.

You may think that it is uncommon for workers to be cheated out of the correct amount of pay, however, this is not the case. Wal-Mart was recently involved in a wage dispute claim. The suit included over 100,000 current and former employees and dates back to 1998. The settlement is estimated to be around $54 million.

Money4.jpg If you have been denied California’s minimum wage, or if you have been denied overtime pay, you should contact the skilled attorneys at Greenberg & Rudman LLP. You have the right to be paid appropriately for the hours and overtime you work. If you have been cheated out of pay, contact Greenberg & Rudman 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!

Posted On: June 21, 2009

HAVE YOU BEEN DENIED A PROMOTION BECAUSE OF YOUR RACE OR COLOR? CALL NORTHERN CALIFORNIA DISCRIMINATION ATTORNEYS FOR FREE CONSULTATION

Under both California and federal law, it is illegal for your employer to refuse to promote you because of your race. In fact, it is against the law for your boss to discriminate against you based on race in regards to any of the “terms and conditions” of employment. “Terms and conditions” of employment can related to anything that is work-related. This includes things such as promotions, salary, vacation time, titles, etc. “Race” is generally defined as a person’s ancestry or ethnic characteristics. Under California and federal law, your boss may not treat you differently from another worker because of your color, race, or race based characteristics.

The most obvious form of race discrimination is “disparate treatment.” This type of discrimination is when you are plainly treated differently because of your race. Not being hired for job posting because of your color is a form of disparate treatment. A second type of race discrimination is “disparate impact.” This type of race discrimination occurs when a company policy tends to exclude people of one race from jobs or promotions. The policy was not intended to have this outcome; it is just the negative side-effect.

It would be naïve to think that racism is not a part of our society. In fact, more than 100 current and past employees of Eli Lilly and Co. have alleged the company of racial discrimination. Eli Lilly is a drug company, that supposedly denied promotions to black individuals. If you feel that you have been discriminated against because of your color or race, contact the highly skilled discrimination attorneys 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.

Posted On: June 20, 2009

GENDER BASED HARASSMENT CASE CENTERED IN HAYWARD, CALIFORNIA SETTLED FOR $5 MILLION – CONTACT SILICON VALLEY EMPLOYMENT LAWYERS IF YOU HAVE BEEN HARASSED AT YOUR JOB

Harassment is a very serious issue, and it should not be taken lightly. Just this month, a case involving 14 female police officers from Hayward, California was settled. In the case, the victims alleged they faced continual harassment based on their gender or sexual orientation. The plaintiffs argued that the discrimination dated back to 1982. The case was settled for $5 million.

Sexual harassment occurs not only in the police force, but in every job sector. There are two basic type of harassment. Both types of harassment are illegal. The first type of sexual harassment is quid-pro-quo harassment. This is the type of harassment that occurs when someone asks you for sexual favors in exchange for job benefits. If your employer asks you to sleep with him in order for you to receive a promotion or to not be fired from your job, these are both examples of quid-pro-quo harassment.

The second type of sexual harassment is the “hostile work environment.” In this type of harassment, an individual is made to feel uncomfortable because of his/her sex. The type of activity that makes the individual feel uncomfortable must also be severe and pervasive. Therefore, if a co-worker makes an inappropriate sexual joke only once, this may not be considered a “hostile work environment.”

Sexual%20Harrassment6.jpg If you have been a victim of sexual harassment don’t hesitate to 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!

Posted On: June 19, 2009

DID YOU REPORT YOUR BAY AREA EMPLOYER’S ILLEGAL BEHAVIOR AND WERE FIRED AS A RESULT? CALL SAN FRANCISCO ATTORNEYS AT GREENBERG & RUDMAN LLP

If you reported illegal activities at your place of work, and you were fired as a result, you may be protected under “Whistle Blowing” statutes. “Whistle-blowing” occurs when an employee reports an employer’s illegal behavior to a government or law enforcement agency. In order to be protected by “whistle blowing” laws, you must have reported the illegal behavior to someone outside the company. If you reported something you thought was illegal, and was not, you still may be protected by “whistle-blowing” laws, if you were fired for reporting the behavior.

If you have blown the whistle on your boss, laws protect you from being “retaliated” against. This means that your boss may not fire you, demote you, or otherwise penalize you for reporting the activity. If your boss does retaliate against you, you may have a claim against him.

A recent whistle blowing lawsuit was settled for $40 million. The individual who brought the action was a former employee of Healthways, Inc. The former worker was fired from his marketing job at after he filed a claim under the United States Civil False Claims Act. The employee alleged that the company violated the Anti-Kickback Statute by paying kickbacks to over 200 physicians in the country. Approximately $28 million of the settlement will go to the United States government, and $12 million will be paid in the worker’s attorney’s fees.

If you have faced a similar situation, and have found yourself demoted or laid off, you may be able to sue your employer. Don’t hesitate to call 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 at www.discriminationattorney.com to learn more.

Posted On: June 18, 2009

DO YOU HAVE AN EMPLOYMENT CONTRACT, OR ARE YOU A UNION EMPLOYEE WHO WAS RECENTLY LAID OFF? -CONTACT SF EMPLOYMENT ATTORNEYS TODAY

When you started your job, did you sign an employment contract? Did your contract guarantee you would only be terminated for “good cause”? If you have an employment contract, or a union contract, and have been laid off you may have an employment claim. In order to have a claim, your employer must have breached the terms of the employment or union contract.

If you have an employment contract that guarantees you not to be fired without “good cause,” you may be able to sue. If you believe that your employer had not legitimate reason to fire you, you think he fired you without “good cause.” However, if your employer has a good reason to terminate your employment, you may not have a claim. For example, if your performance at work was poor your boss may have had “good cause” in terminating you.

If you live in the Bay Area, and if you believe that your employer has violated your employment contract, get help now! Contact the experienced employment lawyers 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!

Posted On: June 17, 2009

WERE YOU GIVEN REASSURANCE OF YOUR BAY AREA JOB AND LAID-OFF AFTERWARDS? YOU MAY HAVE AN IMPLIED EMPLOYMENT CONTRACT

An Implied-in-fact employment contract is a non-written employment contract. If proven to exist, an implied contract ensures the employee the right to be terminated only for “good cause.” California is an “at-will” employment state. This means that generally without an implied contract, or a written contract, an employee may be fired for any reason at any time.

When a court examines a case to determine if an implied contract exists, it looks to three factors. First, the court examines the length of service of the employee. Therefore, if you were just hired a week before termination, you likely do not have an implied contract. However, if you were employee for your company for 20 plus years, you may have a stronger case for an implied contract. Second, the court examines the company’s employee policies. If the employer has a progressive discipline policy, it is more likely that there is an implied contract. A “progressive discipline policy” is a policy that requires the employer to give the employee warnings and probation periods prior to termination. Lastly, a court will look to see if the employer offers an employee benefit program. If an employer provides employees with 401Ks, and/or retirement programs, this makes it more likely that there was an implied contract.

If an implied contract is found, the employer may not terminate the employee unless they have “good cause.” “Good cause” may be defined in an employee handbook. “Good cause” generally means that your employer had a good reason to fire you. For example, your performance at work was consistently poor, or you consistently acted in an unprofessional manner.

If you believe that your boss has given you an implied understanding of continued employment, and you were recently laid off, you may have an employment claim. Contact the experienced employment lawyers 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 for you!

Posted On: June 16, 2009

WERE YOU FORCED TO SIGN A NON-COMPETITION CLAUSE AT YOUR NORTHERN CALIFORNIA JOB? CALL SAN FRANCISCO EMPLOYMENT ATTORNEYS NOW

Did you know that non-competition clauses are illegal under California law? However, sometimes California employers require employees who have direct contact with customers, clients, or protected information to sign these agreements. California Business and Professions Code §16600 asserts that any agreement that restricts an employee from working is unenforceable by law. Thus, if your California employer required you to sign a non-competition agreement, this agreement is unenforceable.

There is a clear policy behind California’ approach to non-competition agreements. The main philosophy is that when the employer’s desire for protection, and the need for the employee to get another job after leaving the employer, by necessity the employee needs to work for a competitor to utilize his skills and knowledge. For example, if you are a software engineer in the Silicon Valley and were recently laid off, it would be easiest for you to get a job doing the same type of work in the software field.

If you have been recently laid off from your California job, and you were forced to sign a non-competition agreement, this agreement is illegal. If you find yourself in this, or a similar position, contact the highly skilled team of 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.

Posted On: June 15, 2009

HAS YOUR BOSS DISCRIMINATED AGAINST YOU BECAUSE OF AUTISM? CALL SF EMPLOYMENT LAWYERS FOR A FREE CONSULTATION

Autism is a type of developmental disability that is caused by an issue in the central nervous system. Autism is typically diagnosed by evaluating communication skills and social interaction development. Autistic individuals often have distinctive personality characteristics that are not typical in non-autistic individuals. For example, someone with Autism may not respond to one’s name, may be unable to explain what they want, may have poor eye contact, or may speak slowly.

If you are an Autistic individual, and you believe that your employer has discriminated against you because of your autism, you may have an employment claim. In order to bring a claim, your Autism diagnosis must meet the definition of a medical disability. In addition, you must be able to show that your disability results in physical limitations, that you can still perform the essential tasks of your job, and/or your boss has discriminated against you based on your disability.

If you believe that your boss has treated you differently solely because you are Autistic, and if you believe you may have an employment claim, contact the experienced team of 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.

Posted On: June 14, 2009

SAN RAFAEL, CALIFORNIA DISCRIMINATION LAWYERS

San Rafael, California is nestled in Marin County. This northern California city is home to over 54,700 residents. San Rafael has a large Hispanic/Latino population comprising over 24.6 percent of the residents. Sadly, diversity in the workplace can often lead to racism and discrimination. However, if you live in the San Rafael area you should know that discrimination at work is illegal. It is against the law for your boss to discriminate against you based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender.

San%20Rafael.jpg If you have been a victim of discrimination at work, don’t remain quiet. This activity is against the law. If you have faced the pain of differential treatment at work based on your race, national origin, gender, etc, don’t hesitate to call the highly 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.

Posted On: June 13, 2009

MUSLIM MAN SUES EMPLOYER FOR RELIGIOUS DISCRIMINATION – CONTACT SILICON VALLEY EMPLOYMENT LAWYERS IF YOU HAVE FACED DISCRIMINATION BASED ON RELIGION

The American Civil Liberties Union (ACLU) has filed a suit on behalf of Sinan Fazlovic alleging religious discrimination. The suit was filed against the Maricopa County Sheriff’s office. The alleged victim claims that he lost his job because he refused to shave his beard for religious reasons. The worker alleged that his beard was not an issue when he was hired, but became a problem when he was in the training academy. He alleges his supervisors made him shave his beard in order for a self-contained breathing apparatus to properly fit his face. Officers sometimes have to wear this devise in emergencies.

Religious discrimination is prohibited under both Federal and California law. An employer may not discriminate against a worker based on their religion in relation to any of the “terms or conditions” of employment. “Terms and conditions” include things such as salary, vacation time, promotions, termination, hiring, etc.

If you believe that your employer has treated you differently than another employee due to your religion, you may have an employment claim. If you believe your rights have been violated, contact the experienced 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.

Posted On: June 12, 2009

PREGNANCY LEAVE REGULATIONS VARY UNDER FEDERAL AND CALIFORNIA LAW – KNOW YOUR RIGHTS

If you are a pregnant California worker, you should be aware of the differences in your rights under the Federal “Family Medical Leave Act” (FMLA) and the “California Family Rights Act” (CFRA). Pregnancy is covered under the Federal Family Medical Leave Act as a “serious health condition.” However, it is not covered as a “serious health condition” under the California Family Rights Act. Yet, California still provides ample protection to pregnant employees.

Under the California Family Rights Act, a pregnant employee is entitled to take disability leave for ups to 4 months. In order for this right to be enforceable, the employer only needs to have five or more employees. There is no eligibility period for workers to take advantage of this benefit. Eligible workers may also take 12 weeks off under the CFRA for time to bond with a new baby.

Pregnant%20Businesswoman5.jpg If you are a California worker who has been denied your rights under either the FMLA or CFRA acts, act now! Contact the highly 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. Our team of attorneys is here for you!

Posted On: June 11, 2009

QUID-PRO-QUO SEXUAL HARASSMENT ILLEGAL – CALL NORTHERN CALIFORNIA EMPLOYMENT LAWYERS

Quid-Pro-Quo sexual harassment is illegal. If you have faced sexual harassment at work, you know first-hand how painful this experience can be. Don’t hesitate to seek help. The highly skilled attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation.

“Quid-pro-quo” is a Latin term that means “this for that.” This type of harassment is based on the concept of a trade. Therefore, when your employer asks you to sleep with him in order for you to get a raise, or promotion, this is “quid-pro-quo” harassment. This type of harassment is against the law. “Quid-pro-quo” harassment also works in the reverse. Therefore, if your employer threatens you to sleep with him or you will be fired, this is also illegal quid-pro-quo harassment.

If you have faced this type of sexual harassment at work, don’t isolate yourself. Seek help! Contact the Bay Area 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. We are here for you!

Posted On: June 10, 2009

NATIONAL ORIGIN DISCRIMINATION IS ILLEGAL – CALL SAN FRANCISCO DISCRIMINATION ATTORNEYS FOR HELP

Many people may be aware that direct discrimination based on race is against the law. However, many people do not know that it is also illegal for an employer to discriminate against an employee based on their place of national origin. This means that an employer may not treat you differently than another employee simply because you were born in another country. Under the Immigration Reform and Control Act (IRCA), an employer is prohibited from discriminating against someone because of their national origin. The IRCA also prevents employers from discriminating against U.S. citizens, U.S. nationals, and authorized aliens.

When a person is applying for a job, the employer may not ask on the application about a person’s citizenship status. The form may, however, as if the person is legally authorized to work in the United States. In most cases, an employer may also not discriminate against a person based on their accent, unless an accent would materially interfere with job performance.

Diverse%20Business17.jpg If you have been a victim of national origin discrimination, don’t remain idle. Contact the 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. We are here to fight for your rights!

Posted On: June 9, 2009

SF BAY AREA RESIDENT’S GUIDE FOR DISCRIMINATION AT WORK

If you live in the San Francisco Bay Area, you should know that you are protected from discrimination at work. If you believe that your boss has discriminated against you based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender you may have an employment claim.

In order to prove discrimination at work you must be able to show that you are a member of a
protected class,” and that you have suffered from “adverse employment action.” Protected classes include sex/gender, race, religion, national origin, etc. An “adverse employment action” can be anything that a boss may do that negatively affects the worker’s job. Thus, firing, demoting, limiting vacation time because of someone’s classification in a protected group may be considered “adverse employment action.”

Once the employee has asserted that they belong to a protected class and suffered adverse employment action, the employer must allege a legitimate reason from the adverse employment action. In this case, the employer might say that an employee was not fired because of their sex, but was fired due to poor performance. After this step, the employee must show that the employer’s offered “legitimate” reason is false. In addition, an employee must provide proof that discrimination occurred at work.

If you believe that you have an employment claim, don’t hesitate to act. You need guidance through this process, and the highly qualified attorneys at Greenberg & Rudman LLP can walk you through this process. You can contact 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.

Posted On: June 8, 2009

CUPERTINO, CALIFORNIA DISCRIMINATION ATTORNEYS

If you have faced discrimination or harassment at work, you should not hesitate to call the highly experienced attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-252-9776. Cupertino, California is home to over 56,500 residents. This city is located in Santa Clara County, and it is a part of the larger Silicon Valley area.

Cupertino is a relatively diverse city with over 55.7 percent Asian residents, 4 percent Hispanic/Latino residents, and 1.5 percent Black/African American residents. If you live in the Cupertino area, you should know that discrimination at work based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender is illegal. If your boss has treated you differently because of your race, sex, etc, you may have an employment claim.

Cupertino.png If you believe that you may have been a victim of employment discrimination, or if your employer has harassed you based on your race, religion, ethnicity, national origin, sexual orientation, age, and/or gender, you may have an employment claim. Contact the highly 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.

Posted On: June 7, 2009

HAVE YOU BEEN DISCRIMINATED AGAINST BECAUSE OF YOUR BIPOLAR DISORDER? CONTACT BAY AREA EMPLOYMENT LAWYERS NOW

Bipolar disorder is a medical disability that may cause individuals suffering from this disorder to have many manic or depressive episodes throughout their lifetime. In order to be considered bipolar, a person must have had at least one manic episode. Common symptoms of this condition include feelings of guilt, anxiety, sleep and appetite issues, loss of interest in hobbies or other previously enjoyed activities, etc. Treatment for bipolar disorder most times includes medication and therapy. This condition affects around 5.7 million adults in the United States.

If your boss has discriminated against you because you have been diagnosed with bipolar disorder, you may have an employment claim. In order to bring suit, you must be able to show that your bipolar disorder is considered a “medical disability,” that your condition limits your work, that you are still able to perform the essential tasks of your job, and that your employer has discriminated against you because of your bipolar diagnosis.

Examples of ways that your employer may have discriminated against you based on your disability include not allowing you to miss work for therapy sessions or medical appointments, and/or your employer does not allow you reasonable time off of work for your bipolar disorder. If you believe that you have been discriminated against at work because of your bipolar disorder, don’t hesitate to contact the highly 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 you!

Posted On: June 6, 2009

SEXUALLY HARASSED AT YOUR BAY AREA JOB? CALL SAN FRANCISCO LAWYERS FOR HELP!

If you are a worker in the Silicon Valley area, and if you think you may have been sexually harassed, there are resources for you. Sexual harassment comes in two basic forms. The first type is known as “quid-pro-quo” harassment. Under this type of harassment, the harasser asks for sexual favors in return for job benefits. An example of this type of harassment is if your boss asked you to sleep with him in order to get a promotion. This type of harassment can also occur in the opposite way. This means that if your boss threatens to fire you if you don't sleep with him, this is also considered to be sexual harassment. If you have experienced harassment of this nature, you need to speak out. This type of behavior is not only damaging, but it is illegal. If you have experienced “quid-pro-quo” harassment, you may have an employment claim.

Another type of sexual harassment is known as the “hostile work environment” harassment. This type of harassment occurs when you are made to feel uncomfortable because of your sex at your job. This feeling of discomfort arises from a type of offensive behavior from a boss or co-worker. Under this type of harassment, the offensive conduct must be “severe and pervasive.” Therefore, if you are made to feel uncomfortable by a single off-handed comment, this may not constitute “hostile work environment” harassment.

If you believe that you have been a victim of either “quid-pro-quo” harassment or the “hostile work environment” harassment, you are not alone. You should contact the highly skilled attorneys at Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us online at www.discriminationattorney.com.

Posted On: June 5, 2009

TITLE VII OF THE CIVIL RIGHTS ACT PROTECTS FEMALE WORKERS AGAINST PREGNANCY DISCRIMINATION IN CALIFORNIA AND THE BAY AREA

The Pregnancy Discrimination Act is an amendment to the Civil Rights Act of 1964. Under this Act, discrimination based on pregnancy or childbirth or related medical conditions is illegal. This Act applies to companies with over 15 employees. The Civil Rights Act applies to both state and local governments, employment agencies, and labor organizations. Female workers who are pregnant are required to be treated in the same way as employees with similar limitations.

Under the Act, an employer cannot refuse to hire a pregnant woman because of her pregnancy, or related condition. The Act provides that health insurance provided by an employer must include coverage for expenses relating to pregnancy. However, insurance need not cover expenses arising from abortions. In addition, an employer may not provide pregnancy benefits to only married workers.

Pregnant%20Businesswoman10.jpg In 2008 alone, the Equal Employment and Opportunity Commission (EEOC) received over 6,285 allegations of pregnancy discrimination. Out of these complaints, the EEOC was able to resolve over 5,292. in addition, the EEOC recovered over $12.2 million in damages. If you believe that you have been discriminated against because of your pregnancy or related condition, don't hesitate to call the highly experienced attorneys at Greenberg & Rudman LLP. Our team is here to assist 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 online at www.discriminationattorney.com.

Posted On: June 4, 2009

HAS YOUR NORCAL EMPLOYER TREATED YOU DIFFERENTLY BECAUSE OF YOUR RELIGION?

Did you know that you are protected under Title VII of the Civil Rights Act of 1964 from being discriminated because of your religion? Under the Act, your boss may not make employment decisions such as hiring and firing based on the religion of the employee. This Act applies to employers with over 15 employees, and prevents religious discrimination in relation to any of the “terms and conditions” of employment. “Terms and conditions” include things such as salary, position titles, time off, etc.

The Civil Rights Act prohibits employers from treating employees or applicants for a job in a more or less favorable way because of their religious beliefs or practices. Thus, an employer may not refuse to hire someone because he belongs to a particular group. Therefore, if you were denied a job because you are Muslim or Sikh (or any religion) you may have an employment claim. In addition, the Act also prevents employers from forcing employees to participate in religious activities. Thus, if your employer requires you to partake in his religion in order to retain employment, you may also have an employment claim. Employer must also “reasonably accommodate” an employee's sincerely held religious beliefs as long as it won't cause the employer “undue hardship.”

Just last year, the Equal Employment and Opportunity Commission (EEOC) received over 3,000 allegations of religious discrimination. The EEOC resolved over 2,700 of these charges, and recovered over $7.5 million in damages. If you have been a victim of religious discrimination, don't hesitate to contact 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 online at www.discriminationattorney.com.

Posted On: June 3, 2009

TITLE VII OF THE CIVIL RIGHTS ACT PROTECTS BAY AREA WORKERS FROM RACE DISCRIMINATION – CALL SAN FRANCISCO EMPLOYMENT ATTORNEYS TODAY!

Title VII of the 1964 Civil Rights Act prevents employers from discriminating against employees based on their race, color, and national origin. This prohibition applies to companies with over 15 employees. Under the Act, an employee may not be denied employment because of their race, color, or national origin. A person may also not be discriminated against based on race-linked characteristics (hair color, hair texture, facial features, etc) or because of a marriage or association with a person of a particular race. Also under this Act, employment decisions cannot be based on stereotypes about a particular race or ethnicity.

Under Title VII, it is illegal for a boss to discriminate against any person in relation to recruiting, hiring, promotions, etc. This means that your employer must apply job requirements consistently and equally among all workers of all races and colors. A job requirement that is applied equally may still be found to be illegal if it unequally excludes people of certain races, etc. Some examples of practices that may be illegal included encouraging applications from places where potential workers are mainly the same race or color, requiring educational backgrounds that are not necessary for the job, and/or testing applicants' knowledge that is not necessary for the position.

In 2008, the Equal Employment and Opportunity Commission (EEOC) received over 33,000 allegations of race discrimination. Of this allegations, the EEOC was able to resolved over 28,300. The monetary recovery for these cases totaled over $79 million in damages. If you believe that you have been a victim of race, national origin, or color-based discrimination, don't hesitate to contact 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 online at www.discriminationattorney.com.

Posted On: June 2, 2009

EQUAL PAY ACT PROTECTS BOTH GENDERS FROM DISCREPANCIES IN PAY DUE TO SEX – CALL SF EMPLOYMENT LAWYERS TODAY IF YOU HAVE BEEN A VICTIM!

Under the Equal Pay Act (EPA), both men and women must be paid equally for substantially similar work. This means that if both a man and a women preform jobs with substantially equal skill, effort, responsibility, and similar working conditions in the same establishment, then they should be paid similarly. In order for the EPA to apply, the jobs do not need to be identical, but they must be “substantially similar.”

When examining if two positions are “substantially similar,” each factor is investigated. “Skill” involves things such as experience level, education, and training needed to preform the job. “Effort” involves the amount of physical or mental energy needed to preform the job. “Responsibility” entails looking at the amount of accountability that the position involves. When examining “working conditions” both physical surroundings and the amount of work hazards are taken into account. In order for the EPA to apply, the pay discrepancy must be within the same place of business.

Discrepancies in pay based on gender are not rare. If you believe that you are working in a substantially similar position as someone of another gender, yet you are being paid less, you should contact the skilled attorneys at Greenberg & Rudman LLP today. Our team of lawyers are here to help, and we will guide you through this process. Contact 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.

Posted On: June 1, 2009

ARE YOU A BLIND WORKER IN THE SF AREA? IF YOUR BOSS HAS TREATED YOU DIFFERENTLY FROM OTHER SEEING INDIVIDUALS, YOU MAY HAVE AN EMPLOYMENT CLAIM!

Blindness is a condition that results in a loss of vision. Complete blindness is a totally lack of light and perception. Blindness may be caused by certain diseases, malnutrition, eye injuries, and other causes. If you are a blind individual whose condition constitutes a medical disability, you should know that your boss does not have the right to discriminate against you based on your blindness.

If you believe that you have been a victim of disability discrimination, you may be able to bring a claim against your employer. In order to bring a medical disability suit, you must be able to show that your blindness is a medical disability, that your blindness resulted in physical limitations, that you can perform the essential tasks of your job, and that your employer has discriminated against you. Examples of ways in which your boss may have discriminated against you include not allowing you to miss work for medical appointments, not allowing you to use a seeing eye dog, not providing you with Braille materials or adaptive computer software, etc.

Blind.jpg If you have been a victim of discrimination based on your blindness do not remain silent. Stand up for your rights and call the 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.