Often times a temporarily disabled employee can take a medical leave and return to work without any restrictions. If the employee and employer meet certain criteria, the employee will be protected from retaliation or discrimination and legally entitled to return to his or her job. Other times, however, an individual's disability requires more continued attention. Under these circumstances an employee may be entitled to a reasonable accommodation.
California provides broad protection to employees who are disabled. Sometimes an individual's disability necessitates a temporary leave of absence. If the employee and employer meet certain criteria, the employer is not permitted to fire the employee while he or she is on a disability leave.
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.
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.
The California Supreme Court ruled today that an employee who loses a case under the California Fair Employment and Housing Act (FEHA) is not liable for the employer's attorney's fees or costs unless the case was frivolous, unreasonable or groundless.