San Francisco Employment Lawyer Blog

A McDonald’s franchise just recently agreed to pay $90,000 to settled a disability discrimination lawsuit brought by the Equal Employment and Opportunity Commission (EEOC) on the behalf of a worker with an mental disability. According to the lawsuit, the McDonald’s worker was subjected to harassment based on his intellectual disability. The harassment included calling him names, offensive remarks, and physical shoving and threats. While complaints were made on the worker’s behalf, the store allegedly failed to take appropriate action.

Harassment based on intellectual disability is illegal under the federal Americans with Disabilities Act (ADA). In addition, California’s Fair Employment and Housing Act (FEHA) provides similar protection to disabled individuals. However, FEHA is more expansive in some areas. Under the ADA, an employee is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity, if a person has a history of a disability, or if a person is believed to have a non-transitory physical or mental impairment. Under California’s FEHA, a person may be considered disabled if he/she has a disability that limits a major life activity. Thus, in California, the limitation does not need to be “substantial.” In addition, under the ADA, employment is not necessarily considered a major life activity. However, under FEHA, work is always considered a major life activity.

In order for an individual to make a claim under the ADA or FEHA, he or she must be a “qualified individual with a disability.” This means that the employee must be able to do the job he or she was hired to do. If you have been a victim of employment discrimination, get help now. Contact the skilled lawyer at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.

Were you aware that discrimination based on a “perceived” disability is illegal under California and federal law? Just recently, the Equal Employment and Opportunity Commission (EEOC) announced it has settled a perceived disability discrimination lawsuit with a car dealership for $32,500. This lawsuit arose when the dealership reneged on its job offer to an applicant after a urine test revealed the applicant was taking prescription drugs. The EEOC alleged the company wrongfully perceived that the applicant would not be able to do the job despite normal test results and medical authorization.

If you are a disabled individual fighting workplace discrimination, or an individual who was denied a job based on your perceived disability, you may be able to sue. The Americans with Disabilities Act (ADA) forbids employers to make stereotypes about people suffering from disabilities. In addition, under the ADA a potential employer may not ask a job applicant to answer medical questions or to take a medical exam before extending a job offer. In addition, an employer may not ask applicants if they have a disability. However, an employer may ask job applicants whether they can perform the job and how they would perform the job, with or without a reasonable accommodation.

In most cases where employees have already started work, your employer may only ask medical questions or require a medical exam if that employer needs documentation to support an employee’s request for an accommodation. The employer may also ask for medical testing if the employer believes the employee is unable to perform the job successfully or safely due to a medical condition. If you have been a victim of perceived disability discrimination, act now. Contact the group of lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Retaliation for complaining about harassment or discrimination at work is not only wrong, it is illegal. Generally, any law that makes harassment or discrimination illegal also makes it illegal for an employer to retaliate or “punish” an employee for protecting him/herself under the laws. Retaliation is against the law in relation to any aspect of employment. This means that your boss cannot retaliate against you in relation to hiring, firing, pay, job assignments, promotions, layoffs, training, fringe benefits, or any other term or condition of employment.

Retaliation provisions of the Americans with Disabilities Act or federal Title VII claims apply to all employers with 15 or more employees. Similar provisions in the Age Discrimination in Employment Act apply to employers with 20 or more employees. In addition, mostly all employers are covered under the Equal Pay Act. For federal claims, employees have 180 days to file a charge. This may be extended by state law. However, federal employees only have 45 days to contact an Equal Employment and Opportunity Counselor.

Just recently, the Equal Employment and Opportunity Commission (EEOC) brought a lawsuit against a medical transportation company for sexual harassment and retaliation. The female employee involved in the lawsuit alleged she was a victim of sexual harassment by a top manager who often made sexual comments and who demanded sexual favors in exchange for raises. After the employee complained, she was fired shortly after. If you were fired or otherwise punished after trying to protect your rights, or after participating in a discrimination proceeding, you may be a victim of retaliation. Get in touch with the group of lawyers at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Dixon, California is located in Solano County. It is home to over 16,100 people and Gymboree Corporation’s only distribution center. This city was originally suppose to be named, Dixonville, after a famous resident who had donated land to build a railroad depot. Dixon is only 23 miles away from California’s state capital, Sacramento.

If you are an employee in the Dixon or Solano County area, you should know that you are protected by California and federal employment laws. This means that your boss may not discriminate against you, or treat you less favorably than other employees, on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Also, it is illegal for your boss to harass you, or allow others to harass you, on the basis of any of these characteristics. This means, for example, that your boss may not allow other employees to continue to harass you because you believe in a certain religion.

If you have been a victim of unlawful discrimination or harassment, get help now. If you are unsure of whether you have been on the receiving end of illegal employment practices, call the experienced 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 at www.discriminationattorney.com to learn more.

Windsor, California is a town located in Sonoma County. This town was originally settled by Europeans in 1851. This city is home to over 25,700 residents. However, Windsor is not a very diverse city. Most of its residents, over 78 percent, are Caucasian. Windsor, California’s largest minority population includes people from Hispanic/Latino backgrounds. However, it’s important to understand that regardless of your city’s make-up, you are still protected from race-based employment discrimination.

Employment discrimination is a growing concern in American cities. In 2009 alone, there were over 93,000 allegation of employment discrimination or harassment in the workplace filed with the Equal Employment and Opportunity Commission (EEOC). If you live or work in Windsor, California you should know that it is illegal for your boss to discriminate against on you on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Moreover, your boss cannot harass you, or permit others to harass you, on the basis of any of these characteristics.

If you have faced employment discrimination or harassment, get help immediately. The skilled lawyers at Greenberg & Rudman LLP are here to help you assert your rights. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

El Cerrito, California is located in the SF Bay area Contra Costa County. This city was originally founded by refuges from the 1906 San Francisco earthquake. This northern California city is home to over 24,200 residents. This city has quite a large Asian population that comprises around 24 percent of its total residents. In addition, over 8 percent of people living in El Cerrito are from Hispanic/Latino descent.

If you live in El Cerrito, you should know that you are protected by employment laws. Both California and federal laws protect you from discrimination and harassment based on a variety of factors. For example, your boss is prohibited from discriminating against you on the basis of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). In addition, your boss cannot allow others to harass you on the basis of any of these characteristics. This means that your boss has a responsibility rectify and prevent sexual harassment in the workplace.

If you have been a victim of employment discrimination, get help now. The experienced team of employment lawyers at Greenberg & Rudman LLP are here to help you. Get in touch with us by calling us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Federal Title VII does not explicitly require employers to grant pregnancy leave. However, it does prohibit pregnancy discrimination. In addition, Title VII does required employer to grant medical leaves which are applicable to pregnant women. However, California’s Fair Employment and Housing Act (FEHA) does specifically give women the right to take a leave of absence for a reasonable time that does not exceed four months. A “reasonable period” of time is the period when a women is considered “disabled” because of her pregnancy or related medical conditions. “Disabled” simply means that she cannot work. An employer is not required to pay the employee during this time.

It is important to note that employers generally cannot force an employee to take pregnancy family medical leave. However, if an employer can show that a woman absolutely cannot do her job, or is “disabled” by the pregnancy, he may be allowed to make her take a leave of absence.

An employer also has the duty to “accommodate” a worker’s pregnancy. This means that if a woman’s doctor recommends she work in a less strenuous or hazardous position, the employer must transfer her to another position or create one. The employer is exempted from this requirement if the accommodation would be an undue burden on the employer. If you are pregnant and your employer has denied you leave, get help today. Contact the attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you.

California is what is known as an “at-will” employment state. This means that you can be fired for any reason at any time. However, your boss is not allowed to fire you in retaliation. Retaliation is not only wrong, but it is illegal. Prohibited retaliation occurs when an individual is fired, demoted, harassed, or otherwise punished for filing a charge of discrimination, for complaining to their employer or law enforcement agency about employment discrimination, or because they participated in an employment discrimination proceeding.

In addition to retaliation, you cannot be fired for blowing the whistle. “Blowing the whistle” occurs when an employee reports the illegal acts of his or her boss to a government or law enforcement agency. In order for an employee to be covered by whistle blowing statutes, he or she must have reported the illegal behavior to someone outside of the company. If the worker is later terminated for reporting a violation of the law, he or she may be able to sue.

Just recently, a California vineyard was sued by the Equal Employment and Opportunity Commission (EEOC) for retaliation in relation to sexual harassment that had been occurring at work. The EEOC brought the lawsuit on behalf of a young female teenager who was subjected to sexual harassment at work. after she and a group of other employees complained about the harassment, they were all fired. If this scenario is similar to something you experienced, get help immediately. Contact the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Los Gatos, California is nestled within the greater Santa Clara County. This city is located in the San Francisco Bay Area, near San Jose. Los Gatos is known for many upscale homes and its quaint friendly down-town area. While Los Gatos has a lot of charm, it is not very ethnically diverse. By and large, the majority of Los Gatos residents are Caucasian. Los Gatos does have a significant Asian population that comprises around 10 percent. If you are a minority living or working in Los Gatos, you should know that you are protected against racial discrimination or harassment by California and federal law.

Both California and federal law prohibit race-based discrimination at work. In addition, your employer is prohibited from discriminating against you on the basis of color, religion, gender, disability, sexual orientation, and/or age (over 40 years). Your boss or coworkers are also forbidden from harassing you on the basis of any of these characteristics.

If you are unsure if you have been a victim of discrimination or harassment, you are not alone. Contact our experienced team of lawyers at Greenberg & Rudman LLP for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Sexual harassment is a very complicated area of the law. However, it is sadly commonplace in the workplace. There are two basic types of sexual harassment. Both types are illegal. The first type of harassment is known as “quid-pro-quo” harassment. Quid-pro-quo is a Latin terms that means “this for that.” This type of harassment is, in essence, a trade. Under this form of harassment, a boss asks an employee for sexual favors in exchange for work related benefits. Quid-pro-quo harassment can also occur in the negative. Therefore, it is also illegal for an employer to require an employee to perform sexual favors in exchange for ensuring continued employment.

The second type of harassment is known as the “hostile environment.” This type of harassment occurs when an employee is made to feel uncomfortable on the basis of his or her sex by some act or comment of a coworker or superior. The unwanted behavior must also be offensive to the employee. Therefore, if an employee enjoys exchanging sexual jokes with a coworker, this is not considered sexual harassment. However, if another coworker is made to feel uncomfortable upon hearing these continual jokes, this may be sexual harassment. The offensive behavior must also be severe or pervasive. Therefore, if an employer continually makes comments about an employee’s body that the employee finds offensive, the employee may have a sexual harassment claim.

It is also important to realize that sexual harassment occurs even if an employee does not accept an employer’s proposition. Therefore, if an employer makes sexual demands that are refused by an employee, the employee is still a victim of sexual harassment if he/she does not get the promotion or benefit because the sexual demand was denied. If you have been dealing with unwanted sexual advances at work or unwanted sexual propositions, you may be able to sue. Find out more by contacting the skilled attorneys at Greenberg & Rudman LLP. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here for you.

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 Greenberg & Rudman LLP are well versed in employment law and can help you assert your rights. You can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Race based discrimination and harassment is illegal under both California and federal law. Under both California and federal law, an employer is prohibited from discriminating against an individual on the basis of their race or color in relation to the “terms and conditions” of employment. “Terms and conditions” include things such as salary, vacation time, title, scheduling, etc. “Race” is typically defined as a person’s ancestry or ethnic characteristics. Race-based discrimination is illegal regardless of whether you are Caucasian, mixed race, or any other ethnicity.

Did you know that your employer may also not discriminate against you based your associations with people of a certain race? This means that you cannot be fired because you have friends of a certain race or because you are married to a person of another race. Discrimination on the basis of “color” is also prohibited under the law. This means that your boss may not give preferential treatment to employees or applicants who have more “Caucasian” features than another person. For example, it is illegal for an employer to hire a lighter complexioned applicant over a person with darker features simply because of their color.

Just recently, it was announced that Whirlpool Corporation must pay over $1 million for harassing a female worker because she is black. The Equal Employment and Opportunity Commission (EEOC) brought the lawsuit on behalf of the employee. The lawsuit alleged the appliance manufacturer allowed the plaintiff to be continually harassed by a white male coworker. The racial harassment escalated into a physical assault.

If you have suffered through a similar situation, get help today. Call the experienced team of lawyers at Greenberg & Rudman LLP. Call us for a free consultation. You can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more.

Oakley, California is located in Contra Costa County. This city has around 31,100 residents. While comprised of a large Caucasian population, Oakley is also home to over 11,400 Hispanic/Latino individuals. While Oakley may not be a very ethnically diverse city, it is important to remember that all residents are protected by employment laws. This means that Oakley employees are protected in the same way as workers in a larger or more urban area.

California and federal law have established many different types of employment laws that protect workers from discrimination and harassment. It is illegal for your employer to discriminate against you based on your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years). In addition, a co-worker, manager, or employer may not harass you based on any of the previously mentioned characteristics. Therefore, while your boss may not discriminate against you because of your religious beliefs, your boss may also not harass you based on your religion.

If you have been a victim of either harassment or discrimination based on your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years), you can get help today. Contact the experienced attorneys at Greenberg & Rudman LLP. Our team of skilled lawyers are here to guide you through this process. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

If you are working overtime hours, you know how important it is for you to get paid for your labor. If you think that your boss is not paying you for your overtime hours or if your boss is miscalculating your overtime, don’t hesitate to act. Under California law, any nonexempt employee shall not be employed to work more than eight hours in one workday or more than 40 hours in one workweek unless he/she receives one and one half times his or her regular rate of pay. Your “regular rate of pay” is the compensation that you normally received for the work that you do.

Did you know that even if you work unauthorized overtime, your boss is still required to pay you overtime? However, an employer can disciple an employee if he or she violates an employer’s policy of working overtime without the required authorization. Just recently an overtime lawsuit filed by a group of firefighters was settle for $45 million. The lawsuit alleged the firefighters suffered from years of miscalculated overtime pay.

If you are an employee in the bay area, and if you have been denied overtime you may be able to sue. Don’t hesitate to stand up for your rights. The experienced attorneys at Greenberg & Rudman LLP are here to help you. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Whistle blowing occurs when an employee tells on an employer who is breaking the law. If these employees are later fired or retailed against for reporting the illegal act, they are able to sue. In order to be protected by whistle blowing statutes and employee must tell the illegal act to someone in law enforcement or a government agency. If the illegal activity is only reported to someone inside the company, the employee is not protected by whistle blowing statutes. They may, however, be protected by some other laws.

If you have reported your boss’ illegal behavior, and later discovered what you thought was a violation of the law was actually legal, you are still protected by whistle blowing statutes. This means that if you are later fired for reporting what you thought was an illegal act, you may be able to bring a lawsuit. You must be able to show that you reasonably believed you were reporting an illegal act.

Just recently a whistle blowing lawsuit was filed by the Equal Employment and Opportunity Commission (EEOC) on behalf of a former surgical technician. The technician alleged she was wrongfully terminated for blowing the whistle about unsanitary conditions in hospital operating rooms. If you think you may be a Whistle Blower, get help by contacting the skilled team of attorneys at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!

Watsonville, California is located in Santa Cruz County. This town is known for producing a variety of fruits and vegetables and is home to Driscoll’s Strawberries. In addition, to produce companies, Watsonville is also home to some very large construction companies including Graniterock and Granite Construction.

Watsonville boasts a large population of over 43,300 residents and a very large Hispanic/Latino population. It is important to note that regardless of your race, color, religion, you are protected by California and federal employment law. This means that your employer may not discriminate against you on the basis of your gender, disability, religion, sexual orientation, and/or age (over 40 years). Moreover, your boss and/or co-workers may not harass you on the basis of any of the previously mentioned characteristics.

If you have been harassed or discriminated against because of your race, color, religion, gender, disability, sexual orientation, and/or age (over 40 years), you may have an employment claim. Contact the experienced attorneys at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. Our team of lawyers is here to help you!

“Whistle blowing” is a term that refers to an employee’s act of telling on an employer who is breaking the law. Recently the defense contracting company, Lockheed Martin, was sued by a former engineer for wrongful termination. Darrol Olsen, the employee, alleged he was fired after he claimed Lockheed knowingly used “defective” stealth coatings when it was manufacturing its F-22 Raptor stealth jets. “Whistle blowing” lawsuits are not uncommon. If you have stood up for what you believed was right, and were fired as a result, you may be able to sue.

Employees who blow the whistle on their employers are protected under California law. If you “blew the whistle” on your boss and were fired or retailed against, you may be able to sue. In order to qualify for protection under “whistle blowing” statutes, you must have told someone outside of your company about the illegal act. This means that you must have reported the illegal activity to law enforcement or a government agency. If you have only reported the behavior to someone inside the company, you are not protected by “whistle blowing statutes.” However, you may be covered under other laws. If you report your employer’s wrongful activity, and later find out that it is not illegal, you may still be protected. Whistle blower statutes do not required that your boss has actually engaged in an illegal activity. The law only requires that you must have reasonably believed you were reporting a violation of the law.

If you have blown the whistle on your boss or company, and were fired or demoted, contact the experienced employment attorneys at Greenberg & Rudman LLP. Our team of attorneys can help you protect your rights. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

San Pablo, California is a mid-size city located in Contra Costa County. This town is home to over 30,000 residents of various backgrounds. Over 15 percent of San Pablo citizens identify as Black or African American. Over 17 percent identify as Asian. San Pablo also has a large Hispanic/Latino group of residents. If you live in or around San Pablo, you should be aware that regardless of your race or ethnicity, you are protected under California and federal employment law.

Both California’s Fair Employment and Housing Act (FEHA) and Federal Title VII protect individuals from discrimination in the workplace. Under the law, your boss may not discriminate against you on the basis of your gender, disability, religion, sexual orientation, and/or age (over 40 years). Also, your employer or co-workers may not harass you on the basis of any of these characteristics.

If you have been a victim of harassment based on your gender, disability, religion, sexual orientation, and/or age, or if you have been discriminated against on the basis of any of these characteristics, you can get help. Don’t try to fight this battle alone. The experienced attorneys at Greenberg & Rudman LLP are here to guide you through this process. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

The city of Saratoga is located in Santa Clara County. This town a central part of the Silicon Valley, and it is one of the top-earning cities in the country. While Saratoga may have a small-town feel, it is home to over 31,300 residents. The large majority of Saratoga’s residents are Caucasian, but this city also has a large Asian population that comprises roughly 37 percent of the population.

While this city may not be very ethnically diverse, Saratoga is still bound by California employment laws. If you work in or around Saratoga, you should know that you are protected from unlawful employment discrimination and harassment. Under the law, your boss may not discriminate against you on the basis of your gender, disability, religion, sexual orientation, and/or age (over 40 years). In addition, your boss and coworkers may not harass you based on any of the previously mentioned characteristics.

If you believe you may be a victim of discrimination or harassment, get help today. The attorneys on our staff are experienced in the realm of employment law and will help you fight for your rights at work. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.

Pleasant Hill is located in Contra Costa County. This northern California city is home to many different types of people. Pleasant Hill has over 7 percent Hispanic/Latino residents. In addition, this city has a large Asian population that consists of around 14 percent of the total population. While this East Bay city may have residents from many ethnic backgrounds, it is not immune to discrimination in the workplace.

If you live in, or near, Pleasant Hill, you should know that your employer may not discriminate against you based on your race, gender, disability, religion, sexual orientation, and/or age (over 40 years). In addition, your boss may not harass you on the basis of your sex, race, disability, religion, or any other protected characteristic.

If you think that you may have been a victim of discrimination or harassment, you are not alone. Get help by calling the employment lawyers at Greenberg & Rudman LLP. You can call us for a free consultation to find out if you have an employment claim. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!