Employment Attorney

4 Things to Know About Leaves of Absence and Wrongful Termination

Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would you have to take off work for the duration of their recovery? Suppose your doctor told you that you were in need of surgery as soon as possible? Perhaps one of your parents was in a recent accident, would your boss give you time off to care for them? What if your husband or wife was injured while on active duty in the armed forces, could you get time off to help him or her? What if you were temporarily disabled but you could come back to work, does your boss need to accommodate you?

When an employee needs to take time off from work for certain reasons, it leaves the employee vulnerable to possible violations of their employee rights by their employer. There are laws in California that regulate employee leaves and the way in which employers must respond to an employee requesting and/or taking a leave. Not all employers follow these laws nor do they implement them into their policies. This is where issues arise for the employee which may lead to the need for an Employment Lawyer. An Employment Lawyer is a type of attorney who has experience in employment law on the employee side. This means the Employment Lawyer represents employees against their employers in particular leave of absence cases.

Termination? Wrongful? Wrongful termination?

An employee may run into issues at work once they request for a leave, take a leave, or return from a leave. When and if this occurs, certain employee rights may be violated and legal action may need to be taken.

The word "terminated" in employment law is just a fancy word for being canned, fired, or getting sacked. It is a word usually used to characterize the way in which an employee was taken out of their employment as opposed to quitting, being let go, or a position being eliminated altogether. Termination is usually the result of an employee not conducting themselves in a professional manner such as being late or not producing satisfactory work product.

Where does the "wrongful" come into play? Every state in America has its own laws regarding employment. In California, all employees are considered "at-will" employees. This means that all employees can be fired from their position for any reason or even for no reason at all except if it is for an illegal reason. Employers can decide at their own will to get rid of an employee when it suits them as long as they do not decide to do so because of the particular employee's race, age, gender, sexual orientation, disability, medical condition, or if an employee makes a complaint concerning illegal/unlawful activity being exercised at the workplace. If an employer decides to terminate an employee based on one of those mentioned reasons, that may be considered a wrongful reason.

If an employee is terminated but the employee believes it is because they requested a leave, took a leave, or returned from a leave, he or she may be a victim of wrongful termination.

If an employee is terminated but it is based on what the law considers a wrongful reason, this may be identified as "wrongful termination". It is wrongful because it is based on an illegal reason. If an employee believes that he or she was wrongfully terminated because they were fired for an illegal reason, then he or she should contact an Employment Lawyer in their area.

Failure to comply with accommodation request

Sometimes an employee may be cleared to work after taking a medical leave but only under certain conditions and/or restrictions. If an employee returns to work after taking an approved leave, they may ask for certain accommodations from their employer in which their employer needs to comply with as long as the request(s) are/is reasonable. For example, an employee may request to work during certain hours or perhaps shorter shifts. If an employer fails to meet an employee's reasonable request(s), the employee may have a case against their employer for failing to comply with their disability needs.

Time is relevant

How much time can an employee take off for a leave of absence? Depending on the circumstances, technically an employee is permitted to take up to 12 weeks for a recognized leave of absence. There are other factors involved in deciphering how much time an employee is entitled to, but it is a determination that usually an Employment Lawyer would be able to make.

Communication is key

If an employee needs to take a leave, keeping open communication with their employer is key. An employee should keep their employer informed of when he or she will need to take a leave, how long he or she expects to be out of work, and should their circumstances change, they should inform their employer as soon as possible. Normally during this time, an employee is on unpaid leave unless their employment contract says otherwise. Where an employee would need more time in addition to the 12 weeks, he or she may contact their employer and inform them of this need in the form of an accommodation request. This request would likely need to include a doctor's recommendation of the additional time off. Keep in mind however that after the original 12 weeks is up, there are certain laws that do not obligate the employer to restore the employee's same position back to him or her upon their return.

In conclusion, disability leave and wrongful termination are complex areas of the law, which is why it would be useful to contact an Employment Lawyer. An Employment Lawyer who offers a free consultation with no up-front costs is the best kind of legal professional to contact. Each employment case is unique in its circumstances and facts, therefore an Employment Lawyer would be useful in the sense that they could tell a particular employee whether or not they have a case worth pursuing.

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How people have fought against discrimination

Many employees face discrimination. The ADA, ADEA, Title VII Civil Rights Act and OSHA' s whistleblower laws help females, minorities, disabled or mentally challenged employees either get and keep their jobs. Also, any employee who files a complaint is protected by the OSHA' s whistleblower and civil rights laws.

Prior to 1960, there was a lot of discrimination. Presidents such as Abraham Lincoln, John F. Kennedy, and Vice-President Dan Quail have played a major role in alleviating discrimination.

President Abraham Lincoln ended slavery in 1898. This brought freedom to the African Americans. Title VII of the Civil Rights Act protects minorities, females, and employees in non-traditional professions keep their jobs. Non-traditional professions are a reference when female works in a traditionally male environment such as engineering, construction, computer field, etc. Also, it protects males that are in traditionally female professions such as nursing, daycare, hostess, etc.

President, John F. Kennedy played a vital role in the civil rights movement. The 1960's were years when African Americans and other minorities were recognized in employment places due to the Civil Rights Act. Martin Luther King and so many people spoke and publicized equal rights for all people. Without these movements, we would be stuck back in the 1960's where segregation played a role in society. I am glad we have diversity to be the number 1 nation in the world by contributing globally through American influences. Some of the American influences are the Army, Navy, Air-Force, and Marines plus USA companies going overseas. The USA is a role model for fairness when it comes to hiring a diversified workforce. A lot of societies are affected by blood is thicker than water, the caste system in India, and other racial differences. These type of attitudes does not help employees get fair treatment in other countries as well as in the USA.

Vice-President Dan Quail played a key role in creating the Joint Training Partnership Act(JTPA). This helped displaced employees such as homemakers, people who cannot get rehired in their field due to disabilities or attrition, single moms, etc. get training and help for daycare, gas expenses, etc. This has been replaced by other programs for youth, women, and men. I believe JTPA helped you train to your fullest potential. Current programs give you minimal training and low paying jobs, unlike the JTPA program.

My mom, Sandy Dwyer, worked closely with ADA organizations. She was a member of the USA Congress. She handled complaints in reference to ADA and Civil Rights Act. Many employees were terminated because of their differences. She has processed many complaints and tried to get their job back by mediation.

My mom has closely worked with BVR employees. BVR stands for Bureau of Vocational Rehabilitation. One of her clients had back problems. Due to her disability, she received a scholarship. Since my mom was a BVR contractor she was able to help this lady pass her math class to obtain her degree. There are many examples and miracles she was able to put in place.

The OSHA whistleblower act is a key because it protects employees and citizens from filing complaints against any company. Prior to working for Congress my mother, Sandy Dwyer, was a Senior Environmental Engineer. She would get many complaints from citizens. Her job was to inspect and process the complaints. One of the complaints was in reference to a sludge management plan. This was the practice of spreading manure on farm fields to help save money for farmers as well as meeting pollution prevention act to avoid irresponsible disposal or filling up landfills quickly. She found out a neighbor boy could not handle the smell and would set off his asthma attacks. She was able to show other forms of fertilization instead of manure spreading. All in all, everything was kept anonymous.

When it comes to laws California and New York set examples for rest of the states. I live in Ohio. California, New York, and Ohio are in the top 10 states for setting precedent on all laws including Civil Rights, ADA, whistleblower, and other acts.

When new laws are enacted it takes a long time to get them through the Congress. Implementation has to be accepted by each state before each city implements fairness laws.

America-USA is known to have the most lawyers compared to any country. Next is the UK. We surpass the UK in terms of lawsuits. I think having so many lawyers keeps all employees and firms on their toes. Because of lawyers and the legal system we are able to set an example to the rest of the world when it comes to diversity. Most of the world comes in contact with a US influence through the military, USA firms or retail firms such as McDonald's hamburgers and fries. Because of Civil Rights Act and diversity we hold no bars when it comes to going overseas and starting a business. Lawyers are utilized in this process to get the ball rolling overseas.

Thanks to law firms such as Steven and McMillan we as America, employees, and citizens are able to freely pursue any career without restrictions. Without law firms such as yours, only a few would benefit. Due to law firms like yours and our legal system we experience diversity and equal employment opportunities.

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How The American Disability Act (ADA) has protected the disabled workers?

The American Disability Act (ADA) has increased the probability that disabled workers can be included in the workforce. No longer can businesses choose to not hire a job applicant because of autism, past episodes of cancer, or any major or long-term factor that hinders any major life activity (eg: vision, learning, walking, etc.). The passing of this law essentially made it more difficult for companies to pass over candidates with health complications that obstruct these candidates from executing major life activities like most people without a disability.

Prior to the ADA, it was acceptable for people with the incredible potential to be overlooked. What if the NFL barred Tim Tebow from playing in the league because he was dyslexic? Then, the thousands of people who received medical care at the Tebow CURE hospital might not be alive today. Tim Tebow's job in the NFL gave him the money necessary to create the Tim Tebow Foundation and ultimately the hospital in the Philippines. The ADA protected Tebow from discrimination based on a learning disability, allowing him to tap into his athletic potential, earn a sizeable salary, and create medical organizations to help improve the lives of thousands of people. Another example in popular culture of how the ADA has helped people with disabilities can be seen in the new drama on ABC dubbed The Good Doctor. Protagonist Shaun Murphy is an autistic surgeon. Despite Dr. Murphy's social impairments, Dr. Murphy is a brilliant medical professional, able to diagnose medical complications in seconds. The amount of lives Dr. Murphy can improve through proper medical diagnosis is astronomical, and his boss does his best to properly accommodate to Dr. Murphy's social needs for that reason. Prior to the ADA, Dr. Murphy could have been rejected from the hospital, as the director of the hospital has an obvious bias against Dr. Murphy. If a major television company can create a television drama that hinges on the ADA, then it must mean that this law has had an enormous impact on disabled workers in the workforce.

One specific improvement the ADA allowed for was that it gave people in wheelchairs the same opportunities for public transportation which can significantly better these people's performance in the workplace. Prior to the ADA, people with severe motor deficiencies had to abandon their wheelchairs if they wanted to ride a bus or train. Now, imagine being in this situation: a skilled, independently acting professional who must be carried around like an infant because of a neuromuscular deficiency or a spinal injury. It would make a person hate oneself for something that is out of one's control. I will bet that the proclivity to think negatively about oneself was probably extraordinarily high for disabled workers before the ADA existed. This negative thought pattern would logically decrease work productivity, (if the person with disabilities even had a job), increase negative affect, and plummet life satisfaction. With public transportation incorporating mechanisms to house wheelchaired individuals, this allows professionals to maintain a relatively normal social image, have a better self-confidence, and work more efficiently and passionately in the workplace.

The ADA is not only directly beneficial for people with disabilities, it is also indirectly beneficial because of how it helps businesses generate revenue. For instance, handicap accessible walkways and elevators not only allow physically handicapped individuals an easier means of navigation, but it also helps all types of people: people pushing strollers, people navigating a heavy cart, people who have chronic back pain, etc. The inclusivity of physically handicap accessible structures encourages more people to go to a certain place, such as a University or a theme park, and the increased attendance generates surplus revenue to cover the costs to create these structures. In other words, complying with the ADA positively impacts those who do not have a disability and those who experience the disability. Another example of this is the hiring of sign language interpreters. Since the 2008 financial crisis, United States citizens have been recovering from significant unemployment levels. Augmenting this, technology automation has also led to a decrease in available jobs. Thankfully, the need for sign language interpreters has not become automated, and the hiring of these individuals, although costly for a corporation or not-for-profit institution, pays dividends to the deaf community in the workforce. Actress Marlee Matlin, the only deaf actress to win the Best Actress in a Leading Role Academy Award, demonstrates the need to accommodate people with disabilities. Matlin's success shows that some people with incredible talent need help to overcome their barriers so that they can share that potential with the world. Giving necessary resources to people with disabilities allows this to happen, and it not only benefits the people with disabilities, but it also benefits the community around those people, as thousands of people have enjoyed Matlin's performance in Children of a Lesser God.

Prior to the ADA, a person with a disability could barely find a job, a place to eat, or a means to get to either a place to work or a place to dine. People with disabilities could not efficiently navigate the cities, and if they got to the place of interest, they would have to also overcome the social embarrassment associated with their disability. Now, people with disabilities have more opportunities. The ADA promises to enforce that all people with disabilities should have an equal chance of getting a job and achieving their goals in life. The ADA allows people with disabilities to have the same access to public facilities and transportation as everyone else, thereby giving these people a life that is relatively normal and full of potential. Granted, people with disabilities are still statistically more unemployed than their regularly functioning counterparts, and public transportation and facilities are still not completely handicap accessible, but progress has been made. People with disabilities have countless more opportunities today than they did before 1990, and the increase in national organizations that are fighting for the rights of people with disabilities is a promising sign that the importance of ADA will not fade as time passes.

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Impacts of OSHA’S Whistle-blower Laws in Workplace

Impacts of OSHA'S Whistle-blower Laws in Workplace

Every employee is entitled to a safe and conducive working place as provided by the Statutes of land. Similarly, OSHA'S Act of 1970 provided for the employee protection which addressed the various matters related to workplaces including killings in the line of duty among other harms caused by hazardous substances. The introduction of OSHA law ensured that employers offer their subjects or rather employees an environment that is free from deliberate dangers as well as safeguarding their health concerns. The law moreover provides a training and informative programs to help the workers and employers (Jung & Makowsky, 2014).OSHA laws offer for absolute rights that workers should be accorded to when on duty. It ensures that workers gain the knowledge of identifying the hazards involved in their working environments. OSHA standards cover a wide range of business sectors which include agriculture, maritime, construction and general industry which comprises the best part of employees. The rules provide for a broad range of hazards that employees encounter in their daily endeavors. Among the standards include the limitation to exposure to toxic chemicals, noise pollution, safe work equipment and practices as well as proper documentation and monitoring of sickness and injuries that are work-related (Wilcox & Marria, 2016).These laws have considerably helped improve the working environment for employees in the United States.

To begin with, OSHA standards provide for full employee protection where safety equipment and protective clothing are to be offered for the free. This law has made many companies strive and minimize the hazards involved when handling hazardous substances. Equipment such as goggles, respirators, gloves, earplugs and proper protective gears have been employed to help control the risk in workplaces. Employees are also entitled to this protective at a free charge for maximum protection within the working environment. Most of the modern companies in the US embrace this standard where protective clothing is worn, provision of earplugs to reduce noise in industrial setups as well as the use of gloves in an institution such as hospitals and research organizations where hazardous chemicals and substances are handled. According to Noe et al's (2003), this has considerably reduced the exposure of employees to chemicals thus a favorable environment which translates to high productivity. Contrary to this, the traditional or rather ancient workplace was exposed to more hazard as no laws existed to protect employees and the employers did not sufficiently implement the few from the federal government (Lyons & Kuron, 2014). This, therefore, translated to high mortality rates as a result of exposure to toxic substances as well as other physical disorders like hearing problems due to noise pollution.

Secondly, OSHA laws provide employees with the right to information. Employees are entitled to reports on the hazards present in their workplace .they are also allowed to know how to protect themselves in the occurrence of such risks.OSHA standards require employees to incorporate different techniques to create awareness about the hazards to their employees (Wilcox & Marria 2016).Example of these methods includes training the employees on the dangers and how to protect themselves whereby they are still entitled to their wages during the training. Employers should also ensure warning and color coding signals which are easily interpretable put on every department and machinery which hazard risks. A good number of organizations in the US have employed these standards where the employees are entitled to training on hazards. For instance, the ISO training and certification programs which ensure that employees are equipped with sound industrial practices for quality management (Jung & Makowsky 2014). Companies have also provided for fast aid training practices for its employees where they are trained on how to handle different situations that may erupt in their workplaces. The advancement in modern technology has also ensured safety management where the introduction of CCTV among other monitory gadgets has made it possible to provide for real-time rescue in the event of hazards exposure. Generous distribution of fire extinguishers and alarm switches has also made it possible to address the issue of safety among employee (Noe et al., 2003). Ancient workplaces were however characterized by immerse hazard exposure due to the rigidity that was experienced by the employers and their workers. Employees were subjected to duties without any freedom to inquire about their safety. Teamwork was never prioritized as it would seemingly demean the authority of the employers towards their subjects (Lyons & Kuron, 2014). Workplaces were therefore hostile as many work-related cases were ignored or received little attention if any.

Thirdly, OSHA laws provide the employees with the right to have information on hazardous chemicals. This, therefore, requires that all the employees be trained and equipped with relevant information on the substances they handle. Moreover, it is mandatory that the employers give adequate training in a manner that can be comprehended by all the employees. The law also demands that a list of harmful chemicals be made available to the employees (Jung & Makowsky, 2014). Employers should even make sure that all the hazardous substances are labeled with hazard warning signs as well as making them possible in safety data sheets which contain relevant information for handling them, their effects, emergency measures upon exposure and preventive measures (Wilcox & Marria, 2016). Modern working environments have ensured that hazard warning signs are provided in all machinery, substance, and department with risks of hazard exposure. For instance, most research laboratories and mechanical systems in the US are fitted with hazard labels. Similarly, manufacturing companies have ensured safety data sheets accompanying their products and services which have promoted safety thus reducing the mortality rates in regard to hazard exposure (Lyons & Kuron, 2014).Ancient environments, on the other hand, experienced high death rates due to exposure to hazardous substances as well as lack of proper information about substances leading to considerable accidents.

OSHA laws also provide for rights for employees to be aware of their rights in the workplace as well as the laws that govern them (Wilcox & Marria,2016).This has been made possible by ensuring that all the OSHA official posters on health and job safety are displayed by the employer in strategic points where all employees can see. Most of US business organizations are embracing digital platforms by making these laws available on their employee portals and companies websites. Other enterprises provide for notice boards that are strategically located for employees to get the information without any hustle. This has encouraged morale among employees as well as respect between them and their counterparts thus competitive advantage (Noe et al., 2003).In contrast, traditional workplaces were characterized by no legal provisions for employees' safety thus subjecting them to harsh rules and regulations which only favored the employers (Lyons & Kuron, 2014).

Last but not least, OSHA provides for the right to access information on illness and injury records (Wilcox & Marria, 2016).This is however directed to employers with a total number of workers exceeding 10.Employers are therefore expected to record all sickness that is work-related as these records are essential for analysis and evaluation of practices that will help contain further occurrences. It also provides light to the employees on the activities that should be avoided. Right to exposure to information is also provided where tests can be run to establish hazardous substances in the workplace. Modern workplace environment offers for exposure monitoring where employees undergo tests after a specified period to ascertain the probabilities of exposure to hazards (Jung & Makowsky, 2014).For instance, employees exposed to nuclear radiation in military undergo frequent check-ups. Also, those in research and medical institution where hazard exposure is common are entitled to free check-up and follow-ups.This has ensured efficient and practical attention to the employee thus risk management (Lyons & Kuron, 2014).Ancient workplaces were however not subjected to these specifications. Therefore work-related infections and death were immense.

In a nutshell, the introduction of OSHA laws has improved the working environment for workers. It has ensured that both employees and employers co-exist which translates to high productivity. It is, therefore, a crucial law which all companies should fully implement as it not only creates a smooth working environment but also ensure global expansion for profit maximization.

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3 Types of Sexual Harassment at The Workplace

3 Types of Sexual Harassment at Workplace

What are the 3 Types of Sexual Harassment at the workplace? California's Constitution protects employees from being harassed within the workplace. Employees and employers should be familiar with the Fair Employment and Housing Act and the California Government Code § 12940(j)(1), which makes it illegal to harass an employee. Harassment isn't always physical and it is not always directed at a particular employee but it may still offend that employee. Employees may be targets of harassment based on their gender, gender identity, the way in which they express their gender, or based on an employee's pregnancy, childbirth, or related medical conditions (Cal Gov Code § 12940(j)(4)(C)). However, sexual harassment remains the most prevalent in the workplace above all other forms of harassment. Sexual harassment can come in the form of physical, verbal or visual acts.

What is expected of the employer and or organization?

It is not always an employer who is sexually harassing the employee, sometimes it can even be other employees sexually harassing an individual, however, this does not absolve the employer from being responsible for the occurrence of the harassment (Gov. C. § 12940(k)). Under FEHA regulations, employers are held accountable for not taking reasonable steps to prevent harassment from taking place. Reasonable steps taken by employers to ensure a safe and sexual harassment-free work environment includes providing prevention training. Employers are also expected to provide a copy of the California Fair Employment and Housing fact sheet to all employees upon being hired.

If an employee feels unsafe in their own workplace, it is important to discuss their potential claim with a Sexual Harassment Lawyer.

1- Physical Sexual Harassment

Physical sexual harassment is the most obvious and well-known form of sexual harassment. It is exercised through unwelcome touching such as rubbing up against a person or physically interfering with another's movements or preventing another from completing their work. Examples of unwanted touching would be if employee A placed his arms around employee B and employee B felt uncomfortable with this and asked employee A to stop. Another example would be if employee A would block employee B with his body from leaving the copy room, preventing employee B from leaving that area without having to touch employee A. An employee who has been subjected to physical sexual harassment should discuss the matter with a Sexual Harassment Lawyer.

2- Verbal Sexual Harassment

Remarks or comments that are disrespectful insults or slurs may also be considered as verbal harassment towards an individual. Under FEHA regulations, an employee may identify their experience with verbal comments as "harassment" even through nicknames, labeling, or titles. Examples of this would be employee A nicknaming employee B "Hot Stuff" or "Big Butt Balinda". These kinds of nicknames or titles are offensive and comment on an individual's anatomy and also have a sexual connotation.

Although the workplace is a space for professionals who are employed by an organization, some employees today are subjected to feeling uncomfortable and endure unwelcome interactions while at their place of employment. This can be distracting for a victim of this behavior, leaving him or her afraid to go to work. The Fair Employment and Housing Act regulations recognize verbal harassment as a form of harassment and specifies "romantic overtures" as a type of verbal harassment. But what exactly does that even mean? Put simply, this means romantic or flirtatious gestures from person A to person B in an attempt to progress a platonic or formal relationship to a romantic level. These attempts as in plural, are continuous and consistent.

In order to give rise to a claim, romantic or flirtatious remarks are still considered harassment whether the remarks are subtle or obvious. Subtle verbal overtures may be an invitation to go on a lunch or dinner date. In this scenario, although an invitation to lunch or dinner may be a way in which friends interact with one another, depending the particular circumstances this may be construed as harassment. An obvious verbal overture may be a comment such as "we would make beautiful babies together" or "I wonder what it would be like if we dated". These comments are obvious in an attempt to escalate a relationship into a romantic and or sexual realm.

An individual who has this issue at their place of work would need to contact a Sexual Harassment Lawyer to see if they have a claim against their employer.

3- Visual Sexual Harassment

The Fair Employment and Housing Act recognizes that sexual harassment may come in the form of visual harassment (2. Cal Gov. Regs. § 11019(b)(1)). At first glance "visual harassment" by definition may seem obvious in that one individual is exposing themselves to another individual who does not appreciate the exposure. However, visual harassment comes in other forms that are not as blatant as perhaps a fellow employee exposing themselves. Visual harassment can be demonstrated through cartoons or drawings that are considered offensive and or insulting to the victim. For example, a male employee may draw a character of a fellow female colleague in which her breast size is exaggerated. In that scenario, the female employee is being sexual harassed based on the visual of herself which could be construed as sexual in nature while also making her feel uncomfortable.

More commonly, in an age of technology, one employee showing a video or picture to another employee in the workplace in which that individual finds the visual offensive or insulting, may be considered as visual harassment even though it does not involve that particular employee who is offended. For example, a female or male employee may show or attempt to show another coworker a video of herself or himself having sexual intercourse with his or her partner. In this scenario, although the video does not have anything to do with the employee who is being shown the video, this act is still considered as visual harassment because it is sexual in nature, offensive, and unwelcome.

Visual sexual harassment is also exercised through posters displayed within the workplace. Posters that would fall under this category of visual harassment as mentioned above, would contain visuals that are offensive in their sexual nature and offend the particular individual.

Lewd gestures are also recognized under the Fair Employment and Housing Act as visual harassment. This could be interpreted to cover an array of acts being performed by one employee that offends another particular employee. For example, one employee may gyrate or perform pelvic thrusts towards another employee. Although the employee carrying out the act is not touching this particular employee nor are they even conducting themselves in that way in reference to that particular employee, it is still considered visual harassment.

An employee who is experiencing this type visual harassment should call a Sexual Harassment Lawyer.

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8 Main Disability Discrimination Questions

What are the 8 Main Disability Discrimination Questions? California is an at-will employment state. As an at-will employee in California, an individual may be terminated for any reason or no reason at all unless terminated for an illegal reason. Per California Government Code § 12940 an employer's decision to terminate an employee may be characterized as illegal if the reason is based on an employee's religion, race, color, national origin, gender, ancestry, age, military or veteran status, sexual orientation, gender identity, and or disability. Although this is not an exhaustive list, these are considered as protected classes and if an employee belongs to one of these classes and is terminated based on belonging to one of these classes there are remedies available. Specifically, employees with a disability, whether he or she is mentally or physically impaired are protected. In order to make a claim, the employee would need to contact a Disability Discrimination Attorney.

1- What constitutes a physical disability? A physical disability includes a disease, disorder, condition, cosmetic disfigurement, or anatomical loss or health impairment (§ 12926 (m)(1). The disability of this kind must also impact the employee both in a body system and limit a major life activity. Affecting a body system includes but is not limited to special sense organs, neurological, musculoskeletal, reproductive, digestive, and respiratory. The particular system affected would need to limit major life activities socially, physically, mentally, or while working (§ 12926 (m)(1)(B)(iii).

2- Are mental disabilities recognized? Mental disabilities that limit major life activities are considered protected and include mental or psychological conditions, which range from emotional or mental illness to specific learning disabilities (§ 12926 (j)(1)). Mental disabilities that limit major life activities includes the impairment hindering the efficiency and execution of everyday physical, mental, and social functions (ibid). Further details can be provided by a Disability Discrimination Attorney.

3- How does an employee know if they are being discriminated against in the workplace based on their disability? Discrimination within the workplace takes on various forms which may foreshadow an unlawful termination. Forms of discrimination in the workplace are demonstrated through name calling, singling an individual out, passing an individual up for promotion or opportunities, demotion, failing to accommodate a request for reasonable accommodation, involuntary transfer or reassignment, bullying, constructive discharge, and denying benefits. Although not an exhaustive list, discriminatory behavior takes on various forms and is determined on a case by case basis. For further enquirers regarding this type of situation, call a Disability Discrimination Attorney.

4- What is expected of an employer? Pursuant to the California Code of Regulations, title 2, section 11069, the employer should endeavor to facilitate an interactive process between themselves and the employee with a recognized disability. This interactive process is built on open communication between the employer and employee in order to maintain up to date knowledge of the circumstances. By maintaining this interactive process, the employer is on notice and subject to accountability for being aware of the employee's needs for accommodation. In addition, this process promotes the exchange of ideas to reach a set of reasonable accommodations that are appropriate for the individual.

5- What kind of accommodation should an employer provide? An employer should provide reasonable accommodation. Reasonable accommodation provided to an employee entails adjustments and modifications of the employee's position that enables the employee to have an equal opportunity as their peers to carry out tasks. Some circumstances may require the employer to suggest transferring the employee to a more practicable position, ensuring the job-site facilities are accessible to the employee, permitting a service animal to accompany the employee at work, supplying the employee with a reader or interpreter, providing a modified schedule as well as part-time work, providing accommodation for training or tests or additional training, and providing any other reasonable modifications to the employee's work-site and or environment. For more clarification on what kind of accommodation should be provided, ask a Disability Discrimination Attorney.

6- What does it mean to be retaliated against? Once an employee makes a complaint against their employer or against any practice within the organization regarding their recognized disability, the employee could be mistreated by means of retaliation. This situation arises when the employee makes a complaint against certain unlawful practices that violate FEHA regulations being conducted within the workplace. In response to the complaint(s), the employer or organization takes adverse employment action against the employee. For example, an employee with a hearing impairment makes a formal complaint to their human resources department regarding his or her supervisor refusing to hire a sign language interpreter for a required training seminar. Shortly after the complaint is made, the employee is demoted to a lower paying position that does not require attending the training session. Here, the organization's response to the complaint may be characterized as discriminatory and retaliatory based on the employee's protest against their supervisor's refusal to provide reasonable accommodation.

Even if the employee's specific request for accommodation is not granted, the employee is still under the protection of FEHA in that they can both be discriminated or retaliated against for making the request in the first place. Such circumstances need to be evaluated by a Disability Discrimination Attorney.

7- What is considered unlawful employment practices? If an employee falls under one of the recognized protected classes, specifically in this case the employee possesses a physical or mental disability, and an employer mistreats the employee based on having a disability may be considered unlawful. The FEHA and California Government Code § 12940(a) qualify unlawful treatment as being demonstrated through hiring practices, path to promotion selection, distribution of work benefits and privileges or compensation.

As previously mentioned, an employer is required to provide reasonable accommodation for an employee with a recognized disability. It is considered unlawful under FEHA for an employer to refuse to implement reasonable accommodation(s) requested by the employee as well as not consider recommendations made by the employee's licensed physician. Also, for further assistance on the matter, discuss the matter with a local Disability Discrimination Attorney.

8- How to prove an employee has an action in disability discrimination against their employer? There must be a direct link between the employee's disability and the reason for termination. In other words, the employee must prove that they were fired based on their recognized disability. For example, an employee is diagnosed with a condition in which their vision is significantly impaired and shortly after their employer is put on notice of this, the employee is let go from their position "because they can't see". This would demonstrate a causal link between the employee's disability and the decision to terminate. Alternatively, the employee may need to prove that the connection between the disability and the termination was demonstrated through unequal treatment or failure to make adjustments or modifications were necessary to do so.

If an employee wants to know if they have a case concerning these issues they need to reach out to a Disability Discrimination Attorney.

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Top 6 Tips For Hiring The Right Employment Lawyer

Do you know what is the top 6 tips for hiring the right employment lawyer? Deciding to pursue a lawsuit can be a serious decision within itself but choosing who will represent you in your suit is an even greater choice. Employment law issues are usually handled in civil law. This factor merely narrows your search to lawyers who practice civil litigation. Where do you go from there? So many factors need to be taken into account in choosing an Employment Lawyer. Any firm or Employment Lawyer can put together a website but having a website is not the telltale sign of a good lawyer. Below are some points to consider in your search for legal counsel.

Who's side are you on?

Although there are many candidates in choosing an Employment Lawyer, it is imperative to select an Employment Lawyer who is best suited for your particular case. Firstly, you need to find out if your case is actually an employment case, meaning the issue pertains to something that happened at work or between you and your employer. Secondly, you need to figure out whether you need a defense lawyer on the employer side or a lawyer who represents employees on the plaintiff side. So if you are an employee, who needs representation in a claim against your employer, you will need an Employment Lawyer who works on the plaintiff side. If you are being sued by an employee you will need a defense lawyer.

This ain't my first rodeo

What is the nature of your case? The lawyer you choose needs to have experience in your particular claim. Employment law firms focus on certain areas of employment law. Some firms consider themselves a general practice. Other law firms have handled more cases in a particular area of employment law than other firms. Taking all of this into account, it is in your best interest to find an Employment Lawyer who has had experience as well as success in cases similar to your situation. For example, if you are being sexually harassed at work you should seek an Employment Lawyer who focuses on sexual harassment cases. If you are of a certain race and you feel that your boss picks on you and writes you up for bogus reasons because he does not care for your race, then you want to look for an Employment Lawyer who has handled many cases in discrimination law. Alternatively, you may need a wrongful termination lawyer if you reported illegal activity like patient abuse but as a result, your employer fired you from your job. There are also employment lawyers who exclusively fixate on wage claims which have to do with employee payment. Some lawyers have experience in leave of absence cases such as employees who take a leave due to a severe illness.

The laws that regulate employment law are vast, therefore you need to find a lawyer who has handled cases in the past that are similar to your case.

Get a free consultation

Because you are searching for the right lawyer for you, you should seek out firms and/or an Employment Lawyer who offers a free consultation. This means you get to go into the firm and have a sit-down with an actual lawyer to discuss the facts of your case without any fees attached to the service. This allows the lawyer to examine your unique circumstances and tell you whether or not he or she is confident you have a case. In addition, this face-to-face will allow you to decide whether you even want this particular firm or lawyer to handle your case. Lastly, visiting multiple firms that offer a free consultation will allow you to make a more educated decision on what firm you should choose.

Get more bang for your buck

No recovery no fee! Some employment law firms or employment lawyers offer a contingency fee for their service. This means that the Employment Lawyer will only charge the client if they win or settle the case. Firms that run their practice this way are diligent in their work for their client and will usually take on cases that they are confident about. This provides some security for you as the client in that you won't feel you are being taken advantage of in billable hours. Also, employment law firms that offer a contingency fee for their services recognize that some potential clients may not have the financial stability to hire an attorney but their rights as an employee in California have been violated and are entitled to representation.

If you are unsure if a firm offers no up-front fees, call and ask if the firm takes cases on a contingency base before you agree to come into the law office.

Are they a litigation practice?

Even if a law firm ticks a few boxes on your list, you should still be wary in that the firm may not be willing to take your case to trial. In employment law, not all cases go to trial, they settle. But if a case does not settle, the next step would be to go to trial and not all employment lawyers or firms are willing to provide this service, leaving your case unresolved. In order to avoid this from happening, before signing a retainer agreement you should ask the lawyer you are considering whether or not they are willing to go to trial if the case does not settle.

The legal representation in which you select needs to be committed to taking the case to trial if down the line it does not settle. This will help you to not waste your time with a lawyer who will leave your case unresolved and you having to hire new representation.

Don't be an eager beaver

As mentioned previously, deciding to pursue legal proceedings is not a trivial choice. Deciding to take legal action against a company or employer is a commitment for you as a client and a commitment for the lawyer whom you choose to hire to represent you. That being said, do not be eager to sign a retainer agreement online. Some firms may ask you to sign a retainer agreement online and with that there are risks. Signing a retainer online will deprive you as the client from having the facts of your case carefully considered by a lawyer.

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8 Things You Need To Know About Disability Discrimination

1- At the Federal and State level, discrimination against employees with disabilities is prohibited by law. Under the Federal law, the Americans with Disability Act (ADA) prohibits discriminatory actions taken by employers against their employees. The same applies at the State level in California and is regulated by the Fair Employment and Housing Act (FEHA). Amongst other recognized protected classes and or characteristics, employees with physical or mental disabilities have rights that protect them from being discriminated against based on their disability. Employees with disabilities in California have many rights under FEHA, however it is a matter of knowing your rights as a disabled employee in order to know you have a claim against your employer or organization who has violated those rights. Call a Disability Discrimination Lawyer to discuss this further.

2- An employee may have a disability discrimination case if they can show that they had a recognized disability, they possessed the skills and qualifications for the position they occupied at the time or applied for, they were subjected to adverse treatment in the workplace, and the reason for this treatment was based on their recognized disability. A Disability Discrimination Lawyer in your area is the professional to contact in this kind of situation,

3- Recognized mental disabilities under FEHA may include mental or psychological disorders such as learning disabilities, associated deficits and disorders, intellectual disabilities, organic brain syndrome, and/or emotional or mental illness. A recognized physical disability under FEHA may include any physical impairment by a physiological disease, disorder, condition, cosmetic disfigurement, or any loss of control of the body. Physical impairments must affect the employee's body system as well as limit major life activity. Consider speaking to a Disability Discrimination Lawyer for more assistance.

4- The burden of proof is on the plaintiff, in this case, the employee, to prove that he or she has been discriminated against by the employer. In order to prove an employee has been discriminated against, the employee must prove that there was a causal connection between their disability and their termination, constructive termination or resignation from their position. This causal connection would demonstrate that the employee was terminated based on their disability. For example, an employee with a recognized learning disability is asked to sit for an exam for training purposes. This employee's particular disability required that he have a person read the exam directions and questions aloud to him. When the employee sent a formal request for this accommodation, the employer said they had to let him go because "this company didn't need the dead weight of someone who couldn't handle taking an exam without having someone read the instructions for them". Here, the employer's actions and words may be characterized as discriminatory because the employee's request for accommodation triggered the employer's decision to terminate his employment (Hoffman v. Caterpillar, Inc., 368 F. 3d 709, 2004 U.S. App.) Therefore, there is a direct causal link between the employee's disability and the decision to terminate. In this scenario the employee would be able to draw this link and have a potential action against the employer for disability discrimination under FEHA. For a clearer understanding of this contact a Disability Discrimination Lawyer.

5- If the case was to go to trial, the employee in this scenario would have to show that their disability was the substantial and driving force behind the termination.(Horsford v. Board of Trustees of Calif. State Univ. (2005)) Referring back to the employee with the learning disability, let's say prior to the employee's request for accommodation he had been caught stealing products from his job-site. Based on those facts the employer may argue that the reason for firing the employee was based on the theft. Therefore, the employee may not be able to prove that his disability was the substantial cause of his termination. Asking a Disability Discrimination Lawyer is the best way to pursue a disability discrimination case.

6- As mentioned previously, an employer's choice of words can be calculated to being discriminatory and contribute to the evidence that the employee was wrongfully terminated. An employer may choose to verbalize, or write words or make remarks that may be discriminatory. This could occur anywhere from being said in an email or in passing in the break room. In some circumstances the remark could be characterized as discriminatory even if the remark was not directed at the employee with a disability (Metoyer v. Chassman (9th 2007)) For example, referring the employee with the learning disability, prior to his termination his employer may have made jokes at the company Christmas party to other employees about "how lazy people with disabilities are". Here, even though this comment was made to another employee, the employee with the disability may present this as evidence that their disability was the ultimate cause of his termination. However, keep in mind that it bolsters an employee's claim if the remarks made by the employer were related to the ultimate decision to terminate the employee otherwise they may be considered "stray remarks" (Waterhouse v. Hopkins (1989)). In California, "stray remarks", which may be discriminatory remarks made outside of the decision-process to terminate an employee, are still taken into account and considered part of all evidence as a whole (Reid v. Google, Inc. (2010)). With the assistance of a Disability Discrimination Lawyer, an employee can make claim against their former employer.

7- An employee may strengthen their claim if they can prove that their employer did not implement the reasonable accommodation. Depending on the circumstances and the particular disability, in general, an employer would need to reasonably accommodate an employee through modifications and adjustments, facilitate processes that would enable the employee to carry out essential job functions, and provide paid or unpaid leave to the employee while they receive treatment for their disability. Some ways that an employer could accommodate the disabled employee would be by allowing the employee to switch to a part-time position, allow flexibility in scheduling, adjust facilities within the workplace to be accessible to the employee based on the employee's disability needs, provide extra training to ensure the employee receives an equal opportunity in comparison to all other employees, allow the employee to have support or guide dog accompany them at work,

8- Above all, it is imperative that the employer maintains open communication with the employee in relation to any changes in their needs as a disabled employee, also known as an "interactive process". It is the organization or employer's responsibility to ensure that all supervisors who oversee the disabled employee are aware of any accommodations that need to be provided to the employee. For further guidance on the matter, call a Disability Discrimination Lawyer.

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How to Deal With Sexual Harassment Outside of The Workplace

How to deal with sexual harassment outside of the workplace? It is well-settled law in California under the Fair Employment and Housing Act as well as the California Government Code § 12940(k) that an employer owes a duty to their employees to prevent harassment within the workplace. But what if an employee is sexually harassed off-site yet within a work capacity? This may be a situation where an employee is not at work but he or she is carrying out tasks or participating in functions that are work-related. More importantly, are employees the only individuals who are covered by the law in this area? What about applicants? In a heavily populated State such as California, the job market can be fierce and highly competitive, making it difficult for job-seekers to get their foot in the door. As a result, these applicants seeking jobs are vulnerable to illegal hiring processes which promote discrimination and sexual harassment. In these situations, employers are liable for the acts of their own employees who posses hiring power and abuse this power. When issues such as these arise, reaching out to a local Sexual Harassment Attorney is the best way to find out if further legal action should be taken.

An employer or organization is responsible for and held accountable for the acts of their employees whom they have delegated hiring power to within the workplace. The Court in the case Doe v Capitol Cities, 50, Cal. App. 4th 1038 had to address this issue of just how far an employer's liability extends in these "off-site" situations. In that case, the plaintiff was an actor who was applying, or rather auditioning for a role which took place on a Sunday at the casting director's home. During this encounter, the plaintiff alleged that he was drugged and gang raped by the casting director as well as four other men. The plaintiff brought an action against the employer of the company, inter alia, for violating the California Government Code § 12940 (h). Under that regulation, it is illegal for an employer or organization to retaliate against an applicant or employee because the applicant or employee made a complaint against the employer or organization for unlawful practices. The action was brought against the employer who oversaw the casting director because it was ultimately the employer's responsibility to ensure that the workplace was harassment-free. In this case, the Court of Appeal decided that the plaintiff did have a case if he could provide evidence that his allegations were true, then as a result, strict liability would be placed upon the employer. This meant that the plaintiff in this case only had to prove that the acts actually took place and that the employer was responsible for the casting director's acts, and it did not matter what the employer knew or was supposed to have known about the casting director's tendencies. Today, if an employee was in a similar situation when attempting to apply for a position and was subjected to such treatment, they should reach out to a Sexual Harassment Attorney to discuss their case.

But how could the employer be held liable for what happened at the casting director's home and on a Sunday? The Court reviewed the facts and evidence of the case and was able to conclude that the casting director was acting within his capacity as an employee because he was locating, discovering, training, and acquiring actors, just as he did to the plaintiff. Therefore, even though the incident did not occur at the actual work-site, nevertheless the casting director was acting as an agent for his boss. Importantly, the Court did take into account that the incident took place off-site, and it also occurred outside of work hours. However, the Court found that because the casting director's acts were so closely related to his position of employment that it did not absolve the employer of responsibility. Lastly, it is significant to take note that the plaintiff, in this case, was not an actual employee of the company when the incident took place. The court also took this into account that the plaintiff was not an applicant yet decided that this did not matter and the employer of the company remained liable for the casting director's behavior. This was because the plaintiff was in pursuit of employment which placed both the plaintiff and the casting director in a work-related context.

Here in California, under the Fair Employment and Housing Act, an employer's liability for sexual harassment extends to managers, supervisors, and controllers who foster a hostile work environment. Per Title VII, a manager is seen as acting for the employer when generating this hostile work environment, therefore the employer can be held vicariously liable. Under the California Government Code § 12926(t) and the Fair Employment and Housing Act, the definition of "supervisor" is much broader and considers this title to be anyone who has hiring power, a power to transfer an employee, fire an employee, demote an employee, or even a power to reward an employee.

Liability at the federal level is slightly different. In a particular federal case, an employee was a lifeguard and employed by the city. She brought a suit against her employer because she felt that she was being subjected to a sexually charged as well as hostile work environment which was created by her supervisors. The environment at issue was considered hostile because the supervisors were causing the particular employee and other employees to experience unwanted touching. Here the employee made a claim under Title VII of the Civil Rights Act 1964, 42 U.S.C.S. § 2000e et seq for these acts and the environment imposed on her as an employee. The Court, in this case, found that the employee who brought the action had a claim against her employer by extending the employer's liability to cover the supervisor's acts Faragher v City of Boca Raton (1998) 524 US 775, 807, 118 S. Ct. 2275, 2292-2293. A Sexual Harassment Attorney would be able to evaluate an employee's case for free if they have a similar problem at work and may be able to file suit against the company.

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What’s Happening With Sexual Orientation Discrimination In The Workplace?

What's Happening With Sexual Orientation Discrimination In The Workplace?

An Employment Lawyer is an attorney who may represent an employee against their employer in a situation where he or she was treated poorly at work based on their sexual orientation. But what is sexual orientation harassment? What is discrimination against a person's sexual orientation? In order to understand the answers to these questions, it may make more sense to start with the laws that surround these topics and to know who is protected by these laws.

What is discrimination and harassment?

What exactly does it mean to be discriminated against in the workplace? To discriminate is to notice an individual's differences from others and to treat that individual differently from others in a negative way because of that individual's differences. There are employment laws in place that regulate discriminatory practices within the workplace and deem them as unlawful.

Not all forms of discrimination are unlawful in the workplace. For example, it may seem unfair but employees who are over a certain weight may not be a class of individuals who are protected under the law. For instance, if an employee is overweight and is picked on and treated adversely compared to other employees based on being overweight, while It is unkind it may not be considered as unlawful. Employment laws only recognize certain classes of individuals and particular characteristics as being protected. Examples of classes and characteristics that are recognized by the law are an employee's creed, religion, marital status, gender, age, military status, ethnicity, disability, medical condition, veteran status, and sexual orientation. If an employee is singled out and treated negatively based on belonging to one of the recognized classes or an employee is treated poorly based on possessing an acknowledged characteristic, then that may be considered as an unlawful treatment.

Where an employee is treated differently compared to other employees in a negative way and it is because that employee falls under a protected class or bears a recognized characteristic, that employee may have a case against their employer for discrimination. An employer or organization may be held liable for discrimination if the employee can show he or she was singled out based on a protected class or characteristic. It is essential to note that belonging to a protected class or bearing a guarded characteristic does not mean that an employee is automatically granted a right to sue for discrimination and/or wrongful termination. This means that if the unfair treatment is not based on the employee being a member of a protected class or bearing a protected characteristic then it not considered discrimination. For example, George was a 50-year-old man at an online store's warehouse. The law does recognize age as a protected class for employees who are 40 years of age and older. Recently George was fired for being late several times and was caught falsifying his time sheets. In this scenario, although George may qualify as being a person belonging to a protected class, which in this case would be age, he may not be able to prove he was a victim of age discrimination. In George's case, his employer may be able to claim that he was fired because of George's tardiness and fraudulent acts. The adverse treatment needs to be based on the employee belonging to a protected class or bearing a protected characteristic whereas here, George was not exactly Employee of the Month material. George's termination would need to show that it was based on his age. So if George had been told by his boss "hey, you're getting too old for this job" and then thereafter he was terminated, that may be considered as age discrimination.

Discrimination in its application is handled by an Employment Lawyer who represents employees against their employers. In order to even know if you or someone you know has been discriminated against, you should contact an Employment Lawyer in your area.

Harassment in the workplace can come in the form of teasing, name-calling, talking down to an employee, mocking, berating, or bullying. Another form of harassment may be delivered through photos, videos, memes, cartoons, emails, texts, and physical gestures. All of these forms of harassment are categorized as unlawful once the harassment is motivated by the singling out of a protected class. More specifically, if the harassment is based on an employee's sexual orientation, that may be considered as unlawful.

Discrimination and harassment against sexual orientation

Discrimination and/or harassment against an employee's sexual orientation is considered as unlawful behavior because sexual orientation is considered protected by certain employment laws. Sexual orientation refers to an individual's sexual or romantic preference such as homosexuality, heterosexuality, and bisexuality. If an employee is singled out, treated adversely, or treated less favorable compared to all other employees because of his or her sexual orientation, then that may be discrimination or harassment. An employee who is being discriminated against based on his or her sexual orientation may experience being denied employee benefits, being passed over for promotion, reduced pay, reduced hours, or termination. An applicant may also be subjected to unlawful hiring practices which also prohibited by the employment laws.

The laws in employment law hold employers accountable for discrimination even for perceived sexual orientation harassment and/or discrimination. In other words, an employee who is assumed by their employer or fellow coworkers as being homosexual and is not, yet is teased and harassed based on that assumption, may still be held liable for harassment and/or discrimination.

An Employment Lawyer who has handled cases in the past in sexual orientation discrimination and harassment may know the best way to represent an employee who is in a current discrimination or harassment situation at work.

An employee should not have to endure harassment or discrimination if it is based on a protected class or characteristic, especially if the harassment and/or discrimination is based on an employee's sexual orientation. Employees have the right to feel safe in their work environment and employers are responsible for enforcing an anti-discrimination policy at the workplace. The current employment laws are in place to provide protection for employees and they will be enforced if an Employment Lawyer is hired by an employee who is being victimized at work.

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Employment Attorney

4 Things to Know About Leaves of Absence and Wrongful Termination

How people have fought against discrimination

How The American Disability Act (ADA) has protected the disabled workers?

Impacts of OSHA’S Whistle-blower Laws in Workplace

3 Types of Sexual Harassment at The Workplace

8 Main Disability Discrimination Questions

Top 6 Tips For Hiring The Right Employment Lawyer

Top 6 Tips For Hiring The Right Employment Lawyer

Who's side are you on?

This ain't my first rodeo

Get a free consultation

Get more bang for your buck

Are they a litigation practice?

Don't be an eager beaver

8 Things You Need To Know About Disability Discrimination

How to Deal With Sexual Harassment Outside of The Workplace

What’s Happening With Sexual Orientation Discrimination In The Workplace?

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