February 18, 2010

LOS GATOS EMPLOYEE SETTLES DISABILITY DISCRIMINATION LAWSUIT AFTER BEING FIRED WHEN HER SUPERVISOR DISCOVERED HER LEFT ARM WAS PARALYZED.

A former employee of the Los Gatos solar power company, Akeena Solar, agreed to pay $30,000 to settle a disability discrimination lawsuit brought by the Equal Employment and Opportunity Commission (EEOC). The EEOC alleged that the employee’s supervisor fired her within hours of her first day after discovering her left arm was paralyzed. The employee was hired as a payroll/accounts technician. According to the EEOC, the worker was completely qualified and capable of performing the essential functions of her job, regardless of her disability.

The Americans with Disabilities Act (ADA) is a federal law in place that protects individuals from disability discrimination. This act prohibits employment discrimination against workers in government, public, and private sector jobs. The ADA applies to employers with 15 or more employees. Under the ADA, disability discrimination occurs when an employer treats a qualified individual with a disability unfavorably because he/she has a disability. Disability discrimination is prohibited in relation to any aspect of employment, including hiring, firing, pay, job assignments, layoffs, job training, etc.

Los%20Gatos2.jpg In addition, employers are required to make reasonable accommodations for employees or job applicants with disabilities. The employer is only exempted from this requirement if the accommodation would pose an undue burden on the company. An ‘undue burden’ is typically something that would impose a significant expense on the employer. Some examples of ‘reasonable accommodations’ include things such as making the workplace wheelchair accessible or providing a reader or interpreter for someone who is blind or hearing impaired. If you have been a victim of employment discrimination, get help immediately. 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.

February 17, 2010

WERE YOU DENIED A JOB BECAUSE YOU ARE THE CARETAKER OF A DISABLED CHILD? CONTACT BAY AREA DISCRIMINATION LAWYERS NOW.

The Equal Employment and Opportunity Commission (EEOC) has just filed a disability discrimination lawsuit against an international manufacturer, The Timken Company. The lawsuit alleges that the company refused to hire a female employee for a full-time position because they were concerned about her performance because she is the mother of a disabled child. The EEOC alleges that the company violated the federal American’s with Disabilities Act and Title VII of the Civil Rights Act by refusing to hire her for the fulltime position. The EEOC argues the ADA protects employees and applicants from discrimination based on association with people of disabilities.

Disability discrimination is illegal under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). Under the ADA, an employer cannot discriminate against a qualified individual with a disability in job application procedures, hiring, advancement, termination, compensation, job training opportunities, and more.

Under California’s FEHA, a disabled individual receives more protection under the law. For example, under the ADA an individual is considered ‘disabled’ if he or she is substantially limited in a major life activity. Under FEHA, an individual is considered disabled if limited in a major life activity. Therefore, the California law requires a lower standard of limitation. In addition, under the ADA a ‘major life activity’ does not necessarily include work. However, under California law, a major life activity always includes work. If you have been a victim of disability discrimination because you are associated with a disabled individual, or because you yourself are disabled, contact the experience 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.

February 15, 2010

YOUR BOSS CANNOT FIRE YOU BECAUSE YOU NEED TO TAKE TIME OFF WORK TO TREAT YOUR HERNIA.

A hernia is a protrusion of tissue or part of an organ through the body’s muscular tissue. Most often, hernias occur in the abdomen. Symptoms of a hernia include pain at the site, a visible lump, or more vague symptoms that result from pressure on an organ which has become stuck in the hernia. It is very important to receive prompt treatment for your hernia. It is also imperative that you do not aggravate the hernia with manual labor and heavy lifting.

Some examples of ways in which your boss may have discriminated against you on the basis of your hernia include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable amount of time off work, not providing you with at-work accommodations for your hernia, and/or not accommodating your need to refrain from heavy lifting or manual labor.

If you have a hernia and your boss has treated you less favorably because of your hernia, you may be able to bring an employment claim. First, you must be able to show that your hernia meets the legal definition of a disability. In addition, you must be able to show that your disability has resulted in physical limitations, that you can still perform the essential functions of your job, that your boss has taken some form of adverse action against you. Adverse actions may include not hiring, firing, or demoting you on the basis of your hernia. If you have been a victim of employment discrimination, get help now. 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.

January 21, 2010

HAS YOUR BOSS THREATENED TO FIRE BECAUSE YOU HAVE TAKEN WORK OFF TO RECOVER FROM MENINGITIS? THIS MAY BE ILLEGAL. STAND UP FOR YOUR RIGHTS BY CONTACTING BAY AREA EMPLOYMENT ATTORNEYS.

Meningitis is a condition caused by microscopic organisms that spread into the cerebrospinal fluid and blood. It may also be caused by certain drugs and cancer. The most common cause of meningitis is a virus, but bacterial meningitis also exists. This disease can affect anyone in any age group. Common symptoms include fever, chills, headache, nausea, vomiting, seizures, and delirium. If it is not treated, meningitis can be fatal. It is important that an individual receives medical treatment and antibiotics immediately.

Some examples of ways in which you may have been discriminated against on the basis of your meningitis include your boss not allowing you to miss work for medical appointments, your boss not accommodating your need to take a reasonable amount of time off work, your employer not providing you with reasonable on-site accommodations for your disability, and your boss not allowing you to receive emergency medical treatment that is necessary to treat meningitis.

If your boss has been hassling you about the time you have taken off work to recovery or treat your meningitis, you may have an employment claim. To bring an action against your employer for discriminating against you on the basis of your meningitis, you must be able to show that your meningitis meets the legal definition of a disability. In addition, you must be able to show that your meningitis has resulted in physical limitations, that you can still perform the essential functions of your job, and that your boss has taken some form of adverse action against you. ‘Adverse actions’ include things such as refusal to hire, demotion, or termination.

If you think that you may be a victim of discrimination on the basis of your meningitis, get help today. Call the skilled 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. We will help you protect your rights at work.

January 05, 2010

ARE YOU A FEMALE EMPLOYEE IN THE SILICON VALLEY WHO HAS BEEN FIGHTING TO ADVANCE IN YOUR COMPANY? IF YOU ARE CONSISTENTLY BEING PASSED OVER FOR PROMOTIONS BY MALE COWORKERS, YOU MAY HAVE HIT THE ‘GLASS CEILING.’

The ‘Glass Ceiling‘ is a phenomenon that occurs when individuals with certain characteristics cannot advance beyond a certain point within a given company. The ‘glass ceiling’ is best illustrated by imagining the hierarchy of a company as a pyramid. The bottom of the pyramid consists of a large number of workers who do the daily work. As one progresses up the pyramid one encounters managers and directors. Further up on the pyramid are vice presidents, senior vice presidents, and executive vice presidents. The Chairman of the Board and the President are located at the top point of the pyramid.

The ‘glass ceiling’ exists whenever an imaginary line can be horizontally drawn through the pyramid and we find that all of the people above all have some similar characteristic. For example, if all the people above the line are white males, women and minorities may encounter the glass ceiling within that company.

Although the ‘glass ceiling‘ is an abstract concept, it is very real. Just recently, the Equal Employment and Opportunity Commission (EEOC) settled a ‘glass ceiling’ discrimination case with Outback Steakhouse. The steakhouse company has agreed to pay $19 million for maintaining an environment of sex bias. The lawsuit alleged that female workers were unable to advance to hire paid managerial positions. If you have also hit the glass ceiling at your company, you should seek help to fight for your rights at work. The attorneys at Law Offices of David H. Greenberg are well versed in employment law and can help you assert your rights. 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.

January 01, 2010

WERE YOU FIRED AFTER YOUR BOSS FOUND OUT YOU HAVE MONONUCLEOSIS?

Mononucleosis is a disease that most commonly affects adults or adolescents. This condition is often characterized by fever, sore throat, muscle soreness, and fatigue. Mono is caused by the Epstein-Barr virus. This virus is typically transmitted from people through saliva or blood. However, it is far less contagious than most people realize. In some instances, a person can be infected with the virus for weeks or months before symptoms appear. Typically, symptoms arise four to seven weeks after infection. The symptoms are similar to those of strep throat, and often include stomach ache, severe tiredness, weakness, depression, jaundice, and aching muscles.

If you have mononucleosis and have been fired because of your diagnosis, you may be a victim of disability discrimination. However, even if you have not been fired, you may still have been discriminated against because of your mono. Some examples of discrimination include your boss not allowing you to miss work for medical appointments, your boss not accommodating your need to take a reasonable time off work, your boss not providing you with on-site accommodations for your disability, and your boss not accommodating your need for additional rest.

Both harassment and discrimination based on your mononucleosis diagnosis are illegal. If you think that you may be a victim of disability discrimination, get help now by calling the experienced 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.

December 04, 2009

ARE YOU AN EMPLOYEE WITH PARKINSON’S DISEASE AND YOUR EMPLOYER HAS REFUSED TO ALLOW YOU TO MISS WORK TO ATTEND SPEECH OR EXERCISE THERAPY? YOU MAY BE ABLE TO SUE. CONTACT EMPLOYMENT LAWYERS TO FIND OUT MORE.

Parkinson’s disease is a degenerative disorder of the central nervous system that often impairs the sufferer’s motor skills and speech. Parkinson’s disease is characterized by muscle rigidity, tremors, and a slowing of physical movement. In certain extreme cases, the disease results in a complete loss of physical movement. Symptoms of Parkinson’s disease includes tremors, rigidity, gait and posture problems, fatigue, speech and swallowing difficulties, slower reaction time, and short term memory loss. Sadly, as of now, there is no cure for this disease. Treatment is available to help alleviate some of the symptoms of Parkinson’s. Treatment includes medication, surgery, speech therapy, and exercise therapy.

If you have Parkinson’s disease, you may have been a victim of discrimination without being aware. Some examples of ways in which your boss may have discriminated against you based on your Parkinson’s disease includes 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 accommodations for your disability, and not accommodating your need to attend counseling, speech therapy, or exercise therapy.

If you have Parkinson’s disease and you are able to show that you are disabled, regarded as disabled, or have a past of being disabled, you may be able to bring an employment claim. In addition, you must be able to show that your Parkinson’s disease has resulted in physical limitations, that you can still perform the essential functions of your job, and that your boss has taken some adverse action against you. Some classic examples of ‘adverse actions’ that your boss may have taken against you include not hiring you, firing, or demoting you.

If you believe you may be a victim of discrimination based on your Parkinson’s disease, get help today. The experienced employment attorneys at Law Offices of David H. Greenberg are well versed in discrimination law and will be able to guide you through the process of protecting you rights. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

November 27, 2009

DID YOU RECENTLY LOSE YOUR JOB BECAUSE YOU ARE HEARING IMPAIRED? IF SO, STAND UP FOR YOUR RIGHTS AND CALL SILICON VALLEY DISCRIMINATION LAWYERS FOR HELP.

Just recently a disability discrimination lawsuit was settled for $100,000. A hearing-impaired operating room scrub technician was fired after being employed with a hospital for over 6 years. The former employee was fired after doctor’s complained she could not hear their instructions. However, the employee asserts that she would have been able to hear if they did not play loud music in the operating room.

If your boss has also treated you less favorably because of your hearing impairment, you may have an employment claim. Your boss is prohibited from discriminating against you based on your hearing disability under both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act. In order for you to be able to bring a claim under either the ADA or FEHA, you must be able to show that you are a ‘qualified individual with a disability.’ This means that you must be able to do your job with or without a reasonable accommodation.

If you think you are a qualified individual with a disability and if you have been fired or demoted because of your disability, you may be able to sue. To find out more, get in touch with the skilled group of lawyers at Law Offices of David H. Greenberg. You can reach us at 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 guide you through this process.

November 26, 2009

HAVE YOU BEEN DENIED A PROMOTION OR JOB OPPORTUNITY BECAUSE OF YOUR PHOBIA? THIS MAY BE DISABILITY DISCRIMINATION. CONTACT BAY AREA ATTORNEYS TO FIND OUT.

A phobia is an irrational and persistent fear of certain objects, activities, or persons. The most common symptom of this disorder is an obsessive attempt to avoid the feared object. If the fear is beyond a person’s control, or if is interfering with a person’s daily life, they may be diagnosed with anxiety disorder. Phobias are very common, and are most often linked with anxiety disorders. Some therapists work through an individual’s phobias by desensitizing them to the feared object. Other therapists recommend cognitive-behavioral therapy, which allows the patient to understand the negative thought patterns and how to change them.

If you have a phobia, you are likely protected from discrimination at work based on this phobia. Some examples of ways in which you may be a victim of discrimination include your boss not allowing you to miss work for medical appointments, your employer not accommodating your need to take a reasonable time off work, your employer not providing you with reasonable on-site accommodations for your disability, and your boss not accommodating your need to attend psychotherapy or counseling sessions to control your phobia.

If you have been a victim of discrimination based on your phobia, you may be able to bring a discrimination lawsuit. In order to sue, you must be able to show that you are disabled, that your disability 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 not hiring you, firing you, demoting you on the basis of your phobia. If you think you may have been a victim of discrimination or if you have questions about your legal rights, contact the experienced lawyers at Law Offices of David H. Greenberg. You can reach us at can reach us at 1-888-204-1014 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more about disability discrimination.

November 23, 2009

CALIFORNIA’S FAIR EMPLOYMENT AND HOUSING ACT PROVIDES STRONGER PROTECTION THAN THE FEDERAL AMERICANS WITH DISABILITIES ACT.

If you are a California resident with a disability, you should know that both California and federal law prohibits employment discrimination based on disability. If you think that you may have been a victim of disability discrimination, you are not alone. The Equal Employment and Opportunity Commission (EEOC) has received numerous disability discrimination allegations each year. In 2008 alone, the EEOC received over 19,400 allegations of disability discrimination in the workplace.

California’s FEHA act is more protective of workers in three important ways. First, FEHA requires a lower standard for defining someone as ‘disabled.’ Under the ADA, a person is considered disabled if the individual is ‘substantially’ limited in a major life activity. However, under FEHA, an employee is considered disabled if he/she is ‘limited’ in a major life activity. Second, the ADA does not necessarily cover ‘work’ as a major life activity. However, FEHA covers working/employment as a major life activity. Lastly, under the ADA an individual’s disability will be considered in a mitigated state. This means that a person with a vision disability will be evaluated with the ‘mitigated’ state of wearing glasses. However, under FEHA, the individual is evaluated in the unmitigated state.

If you have been a victim of disability discrimination, don’t remain silent. Get help immediately by calling the experienced employment lawyers at Law Offices of David H. Greenberg. You can reach us at 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!