Discrimination claims can arise in any industry or career field—even in businesses where leaders should know and follow the law. In a recent case, a law clerk who worked for a Los Angeles personal injury law firm filed a discrimination claim alleging racial and sexual orientation discrimination. The law firm subsequently urged the court to review and dismiss the clerk’s employment lawsuit on summary judgment. The judge denied the law firm-defendant’s motion to dismiss. The challenging case underscores the reality of discrimination in the workplace and the need for informed and strategic advocacy when up against formidable defendants.
The California Fair Employment and Housing Act prevents discrimination based on race and sexual orientation. Our Orange County race discrimination attorneys are dedicated to protecting the rights of our clients and in raising awareness to prevent discrimination in the workplace. We understand the complicated and sensitive nature of these cases and will handle every detail with compassion and discretion. When you have suffered from discrimination, it is important to have an experienced advocate review your case before making any important legal or employment decisions. In addition to protecting your reputation and future career opportunities, you may be entitled to additional compensation.
According to the defense, the discrimination claim fails because the defendant cannot prove his adverse employment action was a result of discrimination. The law firm’s defense is that the employee was terminated simply because he lied about his reasons for missing work. Representatives for the firm went on to say that they have the right to hate an employee, and the right to terminate that employee, even if the reason is that they hate him. The complaint was filed in July of 2013 and targets one partner specifically who allegedly used offensive racial slurs for African Americans, Hispanics, gays, lesbians, women, and disabled people. Currently, the law firm has offices in San Diego and Beverly Hills and represents plaintiffs in cases involving personal injury and wrongful death, labor law, and workers’ compensation.
In addition to the hostile work environment created by the racial and discriminatory slurs, the plaintiff also alleges that the partner showed pornographic videos at work meetings. He also alleges that a partner stripped down in the office and tried to touch employees with his genitals. The partner also posted pictures of African American actors, like Gary Coleman, on the office door of one of the black employee’s. According to the complaint, this behavior amounted to ongoing discrimination and a hostile work environment.
The plaintiff-employee was fired in June of 2013 after the law firm alleges that he faked ill to take a sick day. His complaint lists various violations of California law including harassment and discrimination, wrongful termination, retaliation and unpaid wages. The judge issued a ruling that denied the defendant’s motion for summary judgment; however, the judge asked for both parties to summarize their evidence on the issue of whether the discrimination causes of action were dependent on the justification for termination.
Employment lawsuits can be filed with assistance from the Nassiri Law Group, practicing in Los Angeles, Riverside, and Orange County. Call 949.375.4734.
More Blog Entries:
California Employment Law: New Donor Protection Act, December 7, 2013 Orange County Employment Lawyer Blog
California’s Top Employment Law Mistakes, Oct. 26, 2013, Orange County Employment Lawyer Blog