San Francisco Employment Lawyer Blog

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.

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Sexual harassment by males towards other males is not as uncommon as one might imagine. In addition, it is illegal under California and federal law. If you continually face sexual innuendo, inappropriate touching, comments about your body, and/or crude sexual jokes, you are not alone. In fact, what you are experiencing may be what is known as the “Hostile Workplace.” The hostile workplace is a specific type of sexual harassment. This type of harassment occurs when an employer, supervisor, or co-worker does or says something that makes you feel uncomfortable because of your sex. This type of harassment does not need to include an exchange of sex for a job benefit.

The conduct that makes you feel uncomfortable must be offensive. This means that if two employees enjoy exchanging sexual jokes, it would not be harassment. However, if one employee keeps telling sexual jokes to another employee who was offended, this may be a hostile workplace. In addition, pictures, touching, leering, and unwanted request for dates have all been found to be sexual harassment by the courts. Also, either a man or a woman can be either the victim or the harasser. Thus, men can be harassed by other men or women.

In order to constitute a hostile workplace, the harassment must be either severe or pervasive. This means that a one-time crude comment would not create a hostile workplace. However, repeated crude comments may create a hostile workplace. If you have been a victim of sexual harassment, get help today. Contact the skilled 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. We are here for you.

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Just last week, a major east coast financial company agreed to settle a disability discrimination lawsuit. The lawsuit was brought by the Equal Employment and Opportunity Commission (EEOC) on behalf of a hearing-impaired former worker. The lawsuit alleged that she was denied a reasonable accommodation for her disability. The former employee, Linda Hewett, had worked for the bank as a senior teller and was denied a transfer to a vacant position for which she was qualified. As a result, she was forced to resign from her job because she was no longer able to perform her duties due to her progressive severe hearing loss. The EEOC alleged she was denied the reasonable accommodation of a reassignment. The lawsuit recently settled for $24,000.

Disability discrimination is a significant problem in the American workforce. In 2009 alone, the EEOC received over 21,000 allegations of disability discrimination. The federal Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. This act prohibits disability discrimination against any qualified individual with a disability. A “qualified individual” is one who is able to complete the essential elements of the position with or without reasonable accommodation. In addition to a prohibition of disability discrimination, it is also illegal for an employee or applicant to be harassed because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory.

If you have been a victim of disability discrimination or harassment based on your disability, get help immediately. Disability discrimination is not only wrong, it is against the law. The skilled attorneys at Greenberg & Rudman LLP can walk you through the process of asserting 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.

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The Equal Employment and Opportunity Commission (EEOC) brought a lawsuit on behalf of a Seventh-Day Adventist who was fired after refusing to work on the Sabbath. The EEOC sued the employee’s former company for religious discrimination an alleged the company violated federal law by denying a religious accommodation for its employees. The EEOC is seeking back pay, compensatory damages, and punitive damages for the alleged victims of the religious discrimination.

Religious discrimination is prohibited under both California and federal law. Under the law, an employer may not discriminate on the basis of religion in relation to any of the “terms and conditions” of employment. “Terms and conditions” include things such as interviewing, termination, vacation time, titles, salary, etc. In addition, an employer is required to make reasonable accommodations for a person’s sincerely held religious beliefs. The employer is excused from this requirement only if the accommodation would impose a significant economic burden or when accommodating the religious belief would be unfair to other employees who do not have the same beliefs.

In addition, it is inappropriate for your boss to ask you about the specifics of your religious beliefs, your availability to work for holidays based on religion, and to require to you to violate your religious beliefs or practices. If you have been a victim of religious discrimination, get help today. The attorneys at Greenberg & Rudman LLP are well versed in employment law, and can help you protect 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.

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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.

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 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.

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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 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.

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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.

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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 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.

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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.

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Sexual orientation discrimination is not only wrong, but it is illegal. California law protects individuals from facing this type of discrimination in northern California workplaces. In addition, the law also protects employees from being discriminated against on the basis of their “perceived” sexual orientation. This means that if an employer refuses to hire you because he thinks that you are gay, and you are not, you may still have a legal claim.

It is very important to note that sexual orientation discrimination claims have a strict statute of limitations. A statute of limitations is a time frame in which a claim can be filed. If you have experienced sexual orientation discrimination in California, you must file a complaint with the California Labor Commission no more than 30 days after you are discriminated against. You can only bring a lawsuit if you have filed such a complaint with the Labor Commission.

Sexual orientation discrimination is often coupled with gender discrimination. An example of this occurs if an employer asks an employee to sleep with him and the employee refuses. If the employee mentions she is a lesbian at the time of refusal, and the employer fires her because of it, gender discrimination is also present. If you think that you may be a victim of sexual harassment, get help immediately by contacting 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.

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If you are sick of being referred to by racial slurs and epithets at your job, you should know this behavior is against both California and federal law. Under the law, your boss is prohibited from discriminating against you on the basis of your race in relation to the terms and conditions of employment. He or she also may not harass you on the basis of your racial or ethnic characteristics. “Race” is typically defined as a person’s ancestry or ethnic characteristics. When discrimination based on race affects the “terms and conditions” of employment, it becomes illegal. Terms and conditions include things such as salary, vacation time, title, training opportunities, etc.

In addition, your boss is also prohibited from discriminating against you because your features are “less Caucasian” than another worker or applicant. This means that if two Latino individuals were competing for a job position, the employer may not select the applicant with lighter skin and more Caucasian features simply because of the way that applicant looks.

Just last week, the Equal Employment and Opportunity Commission (EEOC) settled a lawsuit against a car dealership allegedly involved in racial harassment. The lawsuit claims that the car dealership subjected an African American employee to humiliating and derogatory racial comments. The lawsuit settled for $140,000. If you have also been subjected to repeated racial harassment or discrimination, get help immediately. The team of experienced employment attorneys at Greenberg & Rudman LLP is here to help you. 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.

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Sexual harassment is a major concern in California’s workplaces. In 2009 alone, the Equal Employment and Opportunity Commission (EEOC), received over 12,600 allegations of sexual harassment. If you think you have been a victim of sexual harassment, you should know that there are two forms of sexual harassment. The first type of sexual harassment is known as “quid-pro-quo” harassment. “Quid-quo-pro” is a Latin term that means “this-for-that.” This type of harassment involves a trade of sexual favors in exchange for work-related benefits. Therefore, quid-pro-quo harassment occurs if your boss asks you to sleep within him in exchange for your promotion.

The second type of sexual harassment is known as the “hostile workplace.” This type of harassment occurs someone does or says something offensive to make an individual feel uncomfortable because of his or her sex. The offensive conduct must be either severe or pervasive. Therefore, a sexual joke made in poor taste does not necessarily qualify as “hostile workplace” harassment if it is made as an isolated event.

Just recently, Monterey Gourmet Foods was sued for sexual harassment. The lawsuit alleged that the company’s supervisor was allowed to sexually harass Latino workers at is Salinas location. The crew’s leader allegedly made sexual comments, sexual gestures simulating sex with female workers, texted pornography, exposed himself, and inappropriately touched employees. This is sexual harassment, and is unacceptable. If you have had a similar experience at your workplace, get help today. 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.

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