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Workplace Discrimination Archives

Wrongful Termination: What is a protected activity?

Often times when an employee has been terminated, he or she feels as though the termination is wrongful. They may have been treated unfairly or given a reason for their termination that they know to be untrue. Whether or not a termination is wrongful from a legal standpoint, however, involves a different type of analysis.

A Brief Overview of Employment Law in California

Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal law, but features some slight variations that are often advantageous to plaintiffs.

State Court vs. Federal Court in Employment Litigation

There are many choices that a plaintiff must make when he or she decides to bring a lawsuit. A number of variables may affect the manner in which a case proceeds, and the judgment in which it ultimately results. One of the most important decisions that must be made at the earliest stages of litigation is that regarding the forum in which the lawsuit will take place. When an individual files a complaint, he or she may have the option to do so in either state court or federal court in certain circumstances. Each forum has unique advantages and disadvantages, so it is important to be informed about both before initiating legal proceedings.

Associational Disability Discrimination in the Workplace

Workplace discrimination can occur in numerous forms. Federal and state laws not only prohibit an employer from taking adverse action against an employee due to that employee's protected characteristics (such as race, religion, national origin, or disability status), they also forbid employers from discriminating against employees on the basis of the protected characteristics of those with whom they closely associate.

Advantages of Suing for Harassment Under FEHA

California's Fair Employment and Housing Act (FEHA) offers plaintiffs many advantages over its federal counterpart, Title VII of the Civil Rights Act of 1964. These advantages are particularly significant in the area of harassment.

A Disabled Employee's Right to Reasonable Accommodations in California

It is illegal under both California and federal law for an employer to terminate or take other adverse employment action against an employee because that employee is disabled. In order to prevail on a wrongful termination claim for disability discrimination, however, a disabled employee who has been fired needs to prove not only that he has a disability, but also that he can still perform the essential functions of his job with or without reasonable accommodation.

You have a right to accommodations for disabilities in California

As a person with a disability or special medical needs, you want to know that your workplace will be able to accommodate you. According to California laws, you should be able to request reasonable changes at work for your safety and comfort. If your workplace doesn't allow you to alter your workspace according to your medical needs, then you may have the right to seek a lawsuit against your company.

Discrimination: How to file and who to speak to in California

If you've been discriminated against on the job while working in California, there are a few steps you need to take to rectify the situation. First of all, you need to recognize if you've been retaliated against or discriminated against, since simply being fired or passed over during hiring isn't usually enough to prove discrimination. If you believe you have, then you can file a complaint with the labor commissioner in California. This is just the first step, but it brings your situation to light, so others can investigate.

Don't let harassment scare you out of the workforce in California

Discrimination at work is one of the reasons people quit, become frustrated, or feel unease while working. Harassment and discrimination come in many forms, but all are illegal under state and federal law. Any time you're harassed based on the color of your skin, your race, sex, nation of origin, pregnancy, age, or other factors, you have the right to look into compensation for your suffering.

What can I do about workplace discrimination in California?

Have you been retaliated against at work? Maybe you've been facing discrimination. It's important to know how to file a complaint, and if that complaint isn't taken seriously, then you have a case against your company or employer. You can file a retaliation or discrimination complaint any time you feel like you've been discriminated against in violation of the law. That includes not being hired, being fired and other workplace discrimination issues.

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