Posted On: September 30, 2009

ARE YOU A JEHOVAH’S WITNESS WHO WAS FIRED FOR NOT PARTICIPATING IN AN EVENT THAT WAS CONTRARY TO YOUR RELIGIOUS BELIEFS?

Did you know that religious discrimination is prohibited under both California and federal law? Under the law, your boss may not treat you differently based on your religion in relation to the ‘terms and conditions’ of employment. Terms and conditions relate to scheduling, salary, training opportunities, titles, vacation time, etc. Under federal law, a boss must make reasonable accommodations for a person’s religious beliefs or practices. The employer is only exempt from this requirement if the accommodation would be an undue burden on the employer. This means that the employer would not have to accommodate the request if it would pose a substantial economic burden.

In addition, it is also against the law for your boss to ask your religious beliefs. Often times, religious discrimination may be connected with national origin discrimination. Under federal law, an employee cannot be forced to participate, or not participate, in a religious activity as a condition of employment. Recently, Alliance rental Center was charged with religious discrimination. The lawsuit alleged that the company violated the rights of a Jehovah’s Witness employee. The company had a ‘Red Shirt Friday’ dress code that was implemented to show support for the U.S. Military. However, the employee’s religion forbid him from expressing opinions about government or political issues. The worker sought to be excused from the dress code, but was reprimanded for not complying. The employee was later fired.

If you have been a victim of religious discrimination, get help today. Call the experienced team of employment attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: September 29, 2009

WAS YOUR JOB OFFER RESCINDED AFTER YOUR SAN FRANCISCO EMPLOYER FOUND OUT YOU WERE PREGNANT?

Pregnancy discrimination is a growing problem in today’s workforce. In the past few years the Equal Employment and Opportunity Commission (EEOC) has seen a rise in pregnancy discrimination complaints. In 2006, the EEOC received over 4,900 complaints. This number increased to over 5,500 in 2008. The year 2006 has also seen a dramatic increase to 6,200 allegation of pregnancy discrimination. If you think that you may be a victim of pregnancy discrimination, you can get help.

Pregnancy discrimination is against both California and federal law. Under the law, discrimination based on pregnancy, childbirth, or related medical conditions is prohibited. In addition, discrimination based on ‘potential’ pregnancy is illegal. For example, this means that your boss cannot prohibit you from working a particular position or job because you are female and have the ability to become pregnant. Aside from the duty not to discriminate, employers also have a duty to accommodate pregnancy. This means that if you become pregnant and your doctor advises you to seek a position that is less strenuous or hazardous, your boss must transfer you to another position if he is able. Or, he must create another position if it does not unduly burden him.

Under federal law, an employer does not required to grant Pregnancy leave. However, it does require employers to grant medical leaves that are applicable to pregnant women. Under California’s Fair Employment and Housing Act, pregnant women are specifically given the right to take a leave of absence for a reasonable time period that does not exceed four months. An employer may also require their employee to provide them with reasonable notice prior to taking a leave of absence. In addition, a employer can ask how long the leave is expected to last.

Pregnant%20Businesswoman4.jpg If you have been denied pregnancy leave, or if your boss has discriminated against you because you are pregnant, get help now. Our team of attorneys at Law Offices of David H. Greenberg is here to help support you during this difficult time. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you fight for your rights at work.

Posted On: September 28, 2009

MCDONALD’S FRANCHISE SUED FOR DISABILITY DISCRIMINATION.

A McDonald’s franchise was recently sued for allowing the continual harassment of a worker with a mental disability. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) against the company. The alleged victim of the discrimination, Timothy Artis, was called derogatory names and received physical threats. Artis was called ‘dumb,’ ‘retarded,’ and ‘stupid.’ The lawsuit also claimed he was threatened with a box cutter, shoved, and pushed at work.

The federal Americans with Disabilities Act (ADA) forbids employers from discriminating against employees on the basis of a disability. California’s Fair Employment and Housing Act (FEHA) also prohibits this type of discrimination. The ADA applies to employers with 15 or more employees, and FEHA applies to employers with 5 or more employees. Under the ADA, a boss is prohibited from discriminating against a qualified individual with a disability in relation to hiring, firing, salary, job training opportunities, etc. A qualified individual with a disability is one who is able to perform the tasks of the job with or without reasonable accommodation. ‘Reasonable accommodation’ may include making existing facilities usable by employees with disabilities, job restructuring, modifying schedules, acquiring or modifying equipment or devices, etc.

McDonald%27s2.jpg If you have been a victim of disability discrimination, stand up for your rights at work. In 2008 alone, the EEOC received over 19,400 charges of disability discrimination and recovered over $57.2 million in damages. Call our team of experienced attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

Posted On: September 27, 2009

DOES YOUR SAN FRANCISCO EMPLOYER DISCRIMINATE AGAINST YOU BECAUSE YOU HAVE A MENTAL ILLNESS?

The Equal Employment and Opportunity Commission (EEOC) recently sued a company, Smith International Truck Center for allegedly having a history for discrimination against workers with mental illness. The EEOC argues that the company relied upon ‘myths, fears and stereotypes about mental impairments’ and wrongfully fired a worker who took medical leave for a mental health issue. The lawsuit claims that the worker, Stephen Kerns, took a week off to receive medical treatment and have his dosage of medication adjusted. Kerns was fired briefly after returning to work without restrictions. The EEOC is arguing that Kerns was fired for his ‘perceived disability.’ This is in violation of the Americans with Disabilities Act (ADA).

The Americans with Disabilities Act is a federal law that prohibits private employers, state governments, local governments, employment agencies, and labor unions from discriminating against a ‘qualified individual’ with a disability in relation to hiring, firing, promotions, salary, etc. Under the act, a person is considered ‘disabled’ if they have a physical or mental impairment that substantially limits one or more major life activity, has a record of such an impairment, or is regarded as having such an impairment. A ‘qualified individual’ with a disability is one who can perform the essential tasks of the job with or with reasonable accommodation.

If you feel that your boss may be treating you differently because of your mental illness, you may be able to sue. If you would like more information, contact the skilled employment attorneys of the San Francisco area. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: September 26, 2009

FEMALE FIREFIGHTER WINS $850,000 IN SEXUAL HARASSMENT SUIT. CALL SILICON VALLEY EMPLOYMENT LAWYERS IF YOU HAVE BEEN A VICTIM OF SEXUAL HARASSMENT.

A female firefighter recently sued her city for sexual harassment. The worker alleges she was subjected to harassment and improper conduct by male co-workers in the fire department. The harassment included allegations that pornography was prevalent at the firehouse and a male firefighter ejaculated on her bedding. If you have also be subjected to similar debasing behavior by male colleagues, know you are not alone.

Sexual harassment is illegal under California law. There are two main types of harassment, and you may be a victim of one or both types. The first type of harassment is called ‘quid-pro-quo’ harassment. ‘Quid-pro-quo’ is a Latin term that means ‘this for that.’ This type of harassment is in essence a ‘trade.’ The classic example of this type of harassment occurs if your boss asks you for sexual favors in exchange for a promotion or a raise. The second type of sexual harassment is known as the ‘hostile workplace’ environment. Under this type of harassment, a manager or co-worker behaves in an offensive manner that makes an employee feel uncomfortable because of his or her sex. The offensive behavior must also be severe and pervasive. Therefore, you may have been a victim of hostile workplace harassment if your boss offers up daily sexual jokes that make you uncomfortable.

Female%20Firefighter.jpg If you are not sure if you have experienced sexual harassment, call the skilled lawyers at Law Offices of David H. Greenberg. We are here to help you. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: September 25, 2009

IS YOUR BOSS HOLDING YOU BACK FROM ADVANCING IN YOUR JOB BECAUSE YOU HAVE A SPEECH DISORDER?

Speech disorders, also known as speech impediments, are communication disorders that interrupt ‘normal’ speaking patterns. Speech disorders include stuttering, lisps, and vocal dysphonia. If an individual’s speech impediment causes them to be completely unable to speak, they are considered mute. Speech disorders are often times caused by hearing loss or neurological disorders. Most disorders can be treated with speech therapy.

If you have a speech disorder, you may be an unknowing victim of employment discrimination. Some examples of ways in which your employer may have discriminated against you include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable time off of work, not providing you with reasonable on-site accommodation for your disability, and/or not allowing you to attend speech therapy sessions.

If you have been a victim of discrimination based on your speech disorder, you may be able to bring a lawsuit against your boss. In order to sue, you must be able to show that you are disabled, regarded as disabled, or have a past history of being disabled. In addition, you must be able to show that your speech disorder has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken an adverse action against you. An ‘adverse action’ may include a refusal to hire, termination, demotion, etc.

If your boss has discriminated against you because of your speech impairment, get help today. Contact the team of experience lawyers at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

Posted On: September 24, 2009

MARTINEZ, CALIFORNIA DISCRIMINATION ATTORNEYS. CONTACT US TODAY IF YOU NEED HELP REGARDING DISCRIMINATION OR HARASSMENT AT WORK.

Martinez, California is located in Contra Costa County. This town is home to over 33,800 residents. Martinez has several ‘claims to fame’ including being the home of the famous baseball player Joe DiMaggio and the original ‘The Martinez’ Martini. The members of this community are predominantly Caucasian. However, Martinez also has a large population of Hispanic/Latino individuals consisting of 13 percent of its total population.

If you live in the Martinez area, you should be aware that your boss may not discriminate against you based on your race. This means that your boss may also not favor a white employee over a non-white employee. In addition, your employer is also prohibited from discriminating against you based on your gender, disability, religion, sexual orientation, and/or age (over 40 years). Also, harassment based on any of the previously mentioned characteristics is against the law.

Don’t let your boss treat you in a discriminatory manner, and do not tolerate harassment in the workplace. If you have been a victim or discrimination or harassment, contact the skilled attorneys at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help you fight for your rights at work.

Posted On: September 23, 2009

ARE YOU A MALE EMPLOYEE WHO HAS BEEN HARASSED BY YOUR FEMALE BOSS? THIS IS SEXUAL HARASSMENT. CALL NORCAL EMPLOYMENT ATTORNEYS FOR HELP.

Are you a male employee who has been harassed by his female supervisor or manager? While you may think that all sexual harassment victims are women, sexual harassment claims by men are now around 16 percent. The Equal Employment and Opportunity Commission (EEOC) filed a lawsuit law week against Festiva Resort Services, Inc. One female supervisor of the company continually sexually harassed a male subordinate. The harassing behavior included both verbal and physical harassment. The company, however, refused to correct this problem.

There are two main types of sexual harassment, and both types are illegal. The first type of sexual harassment is called ‘quid-pro-quo’ harassment. ‘Quid-pro-quo’ is a Latin term meaning ‘this for that.’ This type of harassment is, in essence, a trade. A classic example of ‘quid-pro-quo’ harassment is if a supervisor asks an employee to sleep with him in exchange for a promotion. The second type of sexual harassment is known as the ‘hostile workplace.’ This type of harassment occurs when a worker is made to feel uncomfortable because of his or her sex as a result of an employer’s offensive behavior. The offensive behavior must also be severe and pervasive. Therefore, if you were offended by a one-time sexual joke made by a co-worker, this may not be sexual harassment. However, if the co-worker made sexual jokes on a daily basis, this may constitute sexual harassment.

Sexual%20Harrassment4.jpg If your female boss has been sexually harassing you by saying inappropriate things or touching you in an inappropriate way, you are not alone. Don’t be embarrassed to protect yourself. The attorneys at Law Offices of David H. Greenberg are here to help you. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Posted On: September 22, 2009

HAVE YOU BEEN VERBALLY ABUSED AT YOUR SAN FRANCISCO JOB BECAUSE OF YOUR RACE? YOU MAY BE A VICTIM OF RACIAL HARASSMENT AND DISCRIMINATION.

The Equal Employment and Opportunity Commission (EEOC) just recently settled a lawsuit for $415,000 against a credit card processing company for racial harassment. The lawsuit alleged that company harassed African American workers with racial slurs and epithets. The racially hostile work environment included extreme verbal abuse including referring to African American workers with the N-word, calling them ‘porch monkeys,’ and forcing them to play ‘Civil War games’ where employees were divided into North and South. The supervisors also referred to employees’ black or mixed race children as ‘porch monkeys’ or ‘Oreo babies.’

Racial harassment is often linked to racial discrimination. Both racial discrimination and racial harassment are illegal under California law. Under the law, an employer may not discriminate against an employee on the basis of their race in relation to the ‘terms or conditions’ of employment. ‘Terms and conditions’ include things such as salary, vacation time, position, title, etc. ‘Race’ is generally defined as a person’s ancestry or ethnic characteristics. Discrimination based on association is also illegal. Therefore, your boss may not discriminate against you because you are married to, or friends with, a person of a certain race.

Diverse%20Business26.jpg If you believe that you have been a victim of racial discrimination or racial harassment you are not alone. It is not only unfair, but it is illegal, for your employer to refer to you through the use of racial slurs or derogatory terms. Contact our skilled team of lawyers at Law Offices of David H. Greenberg. You can reach us at 1-888-204-1014 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 right to a non-hostile workplace.

Posted On: September 21, 2009

HAS A CO-WORKER OR BOSS BEEN INAPPROPRIATELY TOUCHING YOU AT YOUR BAY AREA JOB? THIS IS SEXUAL HARASSMENT. CALL EMPLOYMENT ATTORNEYS FOR GUIDANCE ON DEALING WITH THIS ILLEGAL BEHAVIOR.

Sexual harassment is a growing concern in the California workplace. The Equal Employment and Opportunity Commission (EEOC) received 12,510 allegations of sexual harassment in 2007 and 13,867 allegations in 2008. The EEOC recovered $47 million in damages for sexual harassment cases in 2008 alone. Sexual harassment is a complex area of law. There are two basic types of sexual harassment. The first type of sexual harassment is quid-pro-quo harassment. This type of harassment occurs when an employer asks an employee for a sexual favor in exchange for a work related benefit. Quid-pro-quo harassment also works in the reverse. Therefore, quid-pro-quo harassment also includes when an employer threatened to fire an employee unless she sleeps with him.

The second type of sexual harassment is known as the ‘hostile work environment.’ This type of harassment occurs when an employee is made to feel uncomfortable because of his or her sex because of something that a boss, co-worker or supervisor says or does. In order for the hostile work environment to be present, the co-worker’s conduct must not only be offensive, but it must also be severe and pervasive. This means that if a boss makes a one-time lewd joke, this is likely not hostile work environment harassment. However, if your boss makes repeated offensive sexual jokes, this may very well be hostile work environment harassment.

Sexual%20Harrassment3.jpg The EEOC recently brought a case against a historic inn and spa. The inn allegedly allowed several female employees to be continually sexually harassed. The lawsuit alleges that male employees repeated engaged in offensive behavior including grabbing women’s breasts, humping women, slapping female worker’s buttocks, and kissing them. If you have also been a victim of sexual harassment at your job, you should stand up for your rights. The attorneys at Law Offices of David H. Greenberg are here to help you. You can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.