Articles Posted in disability discrimination

It is illegal – in California and across the U.S., per the EEOC –  to discriminate against a job applicant based on their race, color, religion, gender (including gender identity, sexual orientation and pregnancy) national origin, age (over 40), disability or genetic information. Yet one of the most frequently-used forums to lure new hires has essentially been facilitating just that, according to critics and a few employment lawsuits filed by the National Fair Housing Alliance, the American Civil Liberties Union and the Communication Workers of America. Los Angeles employment discrimination attorney

Social media giant Facebook has faced years of criticism that it allowed companies advertising job listings to use key categories allowing employers to cherry-pick who their ads would be shown to based on age group, gender and race. The New York Times now reports Facebook has agreed it will stop doing this.

It’s not just prospective employees that have been complaining either. Those advertising credit and housing have also been allowed to screen their ads so that they would only show to a certain subset of social media users. (Housing and credit are also regulated by federal anti-discrimination laws that bar selection of applicants on such bases.) Continue reading

A cancer diagnosis is often one of the most pivotal points in a person’s life, not only because it causes one to face possible mortality, but because it is expensive and often impedes a person’s ability to work and/or care for their family. However, it should not be the basis on which you’re fired. If you believe it is, an Orange County cancer discrimination attorney can help you determine whether you have a viable case and lay out your legal options.cancer discrimination lawyer

Rarely will an employer say, “We’re cutting your hours because you have cancer.” Instead, they will look for other excuses. They will say accommodations aren’t possible without hardship (when that’s not really true). They will say you weren’t performing according to company standards – even if you’ve had great annual reviews until that point. Sometimes they’ll start giving you poor reviews to leave a paper trail so they have a leg to stand on. This is why from the moment you suspect an issue, you should start documenting everything too.

Late last year, a Catholic school tried to argue that it had terminated a 5th grade teacher following her cancer diagnosis/revelation she’d be absent much of the school year because of something called the ministerial exception. This is not to be confused with ministerial v. discretionary duties, for which dispute can arise when civil tort plaintiffs suing government agencies for negligent acts/omissions by employees want the court to find the employees’ duties were “ministerial,” as in directed by the government absent their own discretion, making the government liable. In this case, Biel v. St. James School, the question was whether the teacher was a religious ministerial employee.

Why would this matter for someone with breast cancer? Continue reading

In order to be successful in claiming employment discrimination in California, employees must first assert they are part of a protected class that received unfair treatment. The U.S. Equal Employment Opportunity Commission (EEOC) explains that to discriminate means to treat someone less favorably and disparately, with federal protections extending to individuals on the basis of gender, religion, color, race, national origin, disability or age (over 40). In California, unlawful practices spelled out by the Fair Employment and Housing Act 12940 outlines protections for these classes, but also for:

  • Genetic information
  • Marital status
  • Gender identity/gender expression
  • Sexual orientation
  • Military or veteran statusemployment discrimination attorney Los Angeles

Part of the reason California’s additional protected classes matter is they go farther than federal law, giving unfairly-treated employees more options to pursue action.

As Los Angeles employment discrimination attorneys can explain, “protected classes” aren’t merely limited to minorities. But employment discrimination is often subtle – and doesn’t necessarily need to actually be a part of a protected class in order to be protected. Discrimination based on the perception of belonging or association with others in these classes can be actionable in California employment discrimination cases too.

Perceived Protected Class Employment Discrimination Continue reading

Employment discrimination can be subtle, but it is described as unequal treatment or attitudes toward one group of employees or against another resulting in unfair, adverse impacts to a protected class of employees or prospective employees. Among the most common questions our Riverside employment discrimination attorneys receive is, “How do I file an employment discrimination lawsuit in California?” One of the first things we need to determine is whether you belong to a protected class, and if so, whether they suffered disparate and negative treatment as at least partially a result of being in that class. Riverside Employment Discrimination Lawyer

The California Fair Employment Practices Act marks its 60th anniversary in 2019. The law prohibits discrimination against employees and/or applicants on the basis of one’s actual or perceived belonging or association with one of the following protected classes:

Gender (this provision also bars sexual harassment);

  • Race and Color
  • Ethnicity
  • Marital Status
  • National Origin or Ancestry
  • Religious Creed
  • Pregnancy, Childbirth or Related Conditions (including lactation)
  • Disability
  • Age (pertains to individuals over the age of 40)

Once our Riverside employment discrimination attorneys examine the facts of the case to determine whether sufficient evidence exists to file a claim, we’ll give you a detailed rundown of your legal options. Unlike other types of civil claims, the process of filing an employment discrimination claim doesn’t always go straight to court. Continue reading

A health care worker was recently awarded more than $1 million for California disability employment discrimination after she alleged a work injury led to her firing after her employer refused her reasonable accommodation.Riverside employment disability discrimination attorney

Our Riverside disability employment discrimination attorneys have dealt with many cases of disability discrimination stemming from an employer’s failure to provide reasonable accommodation, as outlined by the California Fair Employment and Housing Act. What this law means is if you have a physical or mental disability – work related or otherwise – your employer (or any employer with more than four employees) must provide reasonable accommodations for you to apply for or perform the essential function of your job, “unless it would cause an undue hardship.”

What is an “Undue Hardship” in California Employment Litigation?

As outlined in the the 2105 decision by the U.S. District Court for the Eastern District of California in US EEOC v. Placer ARC, in order for an accommodation to be an “undue hardship,” an accommodation needs to be proven by the defense to be unduly disruptive, substantial and extensive. It need not necessarily break the company financially, but it would a defendant employer would need to show it was enough to impact the basic operational flexibility. Continue reading

U.S. and California law provide very specific discrimination protections for employees who have historically been the greatest targets. Typically, these are women, racial minorities, older workers and those with disabilities. We’ve come a long way in the last 50- to- 60-years in ensuring California workers aren’t fired, demoted, transferred or miss out on key benefits because of prejudice by their employers. However, a key component of those protections is the worker’s classification. Those who are classified as “employees” are entitled to a host of employment law protections – everything from minimum wages and regular mandated breaks to reasonable accommodations if one one’s pregnancy requires restrictions. Los Angeles employment attorneys often have to explain another important protection denied independent contractors: Anti-discrimination laws. workplace discrimination Los Angeles

Approximately 1 in 7 jobs in America is classified as independent contractor or some other contingent-employment arrangement. This amounts to millions of Americans – roughly 14 percent in all, according the U.S. Bureau of Labor Statistics – whose work as freelancers, consultants, temporary agency laborers and contractors who are denied protections against discrimination for their age, race, gender, religion and disability. So for instance, while most employees can expect to be protected from age discrimination from their employer when they reach the age of 40, a freelancer has no such guarantee.

There are some analyses that suggest the unprotected workforce could be even larger. For instance, the California-based Staffing Industry Analysts recently released information indicating roughly 30 percent of American workers could be counted in the “contingent workforce.” The U.S. Equal Employment Opportunity Commission makes it clear that anti-discrimination statutes exempt independent contractors as well as those working for employment agencies. Sometimes, anti-discrimination protections depend on the number of employees a company has.  Continue reading

Those who suffer from mental illness, especially a severe one, may be no stranger to difficulties with employment. You should know, however, there are certain legal protections that prevent your employer from taking adverse action against you solely because of your condition. bipolar worker termination lawyer

One bail bond services company in Southern California discovered this recently, having settled a disability discrimination lawsuit for $110,000. The settlement was reached more than a year after the U.S. Equal Employment Opportunity Commission filed its complaint, asserting the company discriminated against the worker when it fired her without attempting to provide reasonable accommodation – as required by the law – when she requested a leave of absence to obtain medical attention for her untreated bipolar disorder. This, the EEOC alleged, was a violation of federal law – specifically the Americans with Disabilities Act of 1990. Continue reading

California disability discrimination in employment happens when an employer takes unfavorable action (or no action at all) an employee or applicant because of his or her disability, despite the fact they are qualified for the job.  As noted by the California Department of Fair Employment and Housing, companies also aren’t allowed to treat a worker – prospective or otherwise – any differently just because they have a history of a disability or the employer’s belief or perception of a disability. The same is true if the employee or applicant has some type of relationship with someone who has a disability. disability discrimination attorney

Not only this, but as our Los Angeles disability discrimination attorneys can explain, employers are obligated to extend reasonable accommodations in the event the worker or employee has a disability, the only exception being that to do so would be a source of undue hardship (i.e., significant expense or difficulty for the employer).

Failure to do follow the law can result in a disability discrimination lawsuit, with compensatory and possibly punitive damages paid to plaintiff, as well as government fines for violation of state law. Continue reading

A worker at a California home furnishing store has filed a Santa Barbara wrongful termination and workers’ compensation retaliation lawsuit, alleging her employer violated her rights as a whistleblower by falsifying her signature on work injury paperwork. wrongful termination lawyer

In her employment lawsuit, plaintiff alleges the retail furniture store based in San Luis Obispo and Santa Barbara sought to discredit her work injury claim and bolster its grounds to fire her after she was hurt while moving furniture with a co-worker. She reportedly filed a workers’ compensation claim, but the two owners of the business allegedly prepared a declaration with her name without her knowledge.

According to local news sources and court records of the complaint she filed, the declaration reportedly indicated she ad the other worker hadn’t moved any furniture on the day of the injury and conceded she never reported the job-related injury. Plaintiff alleges the store owners forged her signature on the document and that never was she interviewed by the store owners and that statements attributed to her were wrong. The store then denied her workers’ compensation claim – which is when she learned of the forged declaration. Concerned she may have been implicated in an act that was illegal, she felt she had no choice but to resign from her job right away. Continue reading

A class-action lawsuit 10 years in the making has finally come to a close with the recent decision by the Equal Employmentdisability discrimination Opportunity Commission ordering the U.S. Postal Service to pay up to 130,000 former and current employees. At the heart of the lawsuit are allegations that USPS was using an internal program to systematically dismiss injured employees, and did so while claiming to be helping the workers.

According to an article from Government Executive, USPS’s National Reassessment Program treated certain workers unequally, disclosed medical information improperly, and did not provide reasonable accommodations (while also not proving undue burden as required by the Americans with Disabilities Act of 1990 Section 101.8). The purported intent of the National Reassessment Program, which lasted from 2006 to 2011, was to create a path for employees to get back to work and eliminate busy work that did not support the major functions of the postal service. Continue reading