Oakland Employment Discrimination Law Attorney

The laws are broad enough to cover both traditional and organized religions as well as others who have sincerely held religious, ethical or moral beliefs. The provisions of sections 111 and 1114, Title 18 , shall apply to officers, agents, and employees of the Commission in the performance of their official duties. Monies in the Fund shall be available without fiscal year limitation to the Commission for such purposes. If the respondent demonstrates that a specific employment practice does not cause the disparate impact, the respondent shall not be required to demonstrate that such practice is required by business necessity. Spolin Law P.C.’s founder, Aaron Spolin, is a former prosecutor and award-winning criminal appeals attorney.
A few things could happen if the court agrees that your employer illegally discriminated against you. The court can order your employer to re-hire, reinstate, or promote you; pay you the dollar value of lost wages and benefits; pay you for damages, economic loss, and emotional distress; pay you punitive damages ; and pay your attorney’s fees and costs. The court calls these “remedies.” The exact remedies available will depend on the law used and the facts of your case. In other situations, it is not necessary but can be helpful to begin with an administrative complaint.

Importantly, when you report sexual harassment you may be seeking relief for others too. Often, harassers target more than one person so there is a good chance you are helping others by reporting the harassment. Employers are legally responsible for the harassing conduct of its managers and supervisors. If a manager or supervisors harasses an applicant or employee, the employer is liable for their actions. But an employer is only liable for a coworker’s or consumer’s harassing conduct if it knew or should have known of the harassment and did not stop it.
An employee is subject to quid pro quo harassment when a term of employment is conditioned upon accepting unwelcome advances of a sexual nature. Quid pro quo (meaning "something for something") is conditioning a job or promotion on an applicant's or employee's submission to sexual advances or other conduct based on sex. A supervisor's obligation to report any complaints of sexual harassment, discrimination and retaliation of which they're aware to a designated corporate representative, such as a human resource professional, so the employer may try to resolve the claim internally. The attorneys with our practice are recognized by the legal community – and by our clients – as one of the top Oakland-area law firms. Our lawyers have many positive reviews, which are the evidence of that recognition. Neither  DFEH nor any other state agency issues licenses or certificates validating a person’s qualifications to teach sexual harassment prevention training classes.

For instance, a class action lawsuit might be the right tool to handle wage and hour claims when an employer required employees to work off the clock and misclassified non-exempt employees. When you go to work, you hope that your employer will treat you fairly and in accordance with the law. Unfortunately, too many employers have little concern with their employees’ well-being. They may ignore sexual harassment or ask workers to work off the clock, skirting wage and hour laws. We have dedicated our practice to protecting employees for more than two decades.
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Precise, well-drafted contracts are the best legal protection against business-related legal actions. Still, if a legal dispute arises regarding your business, you’ll need the services of an experienced business attorney. Drug testing pre-employment is permitted, but credit checks can be used only when required by law. Applicants must receive notice of adverse action based on a credit check. You can find more information by looking at the website of your particular state's Department of Labor.

Employers and their employees can't intentionally aid, abet, compel, or coerce anyone to commit unlawful discriminatory practices. Employers and their employees can't aid, abet, incite, compel, or  coerce unlawful discriminatory practices or try to do so. Print or publish employment-related notices or advertisements that indicate any preference, limitation, specification, or discrimination based on a protected class. Employers must take reasonable steps to prevent and promptly correct unlawful discrimination and harassment.
Philip has represented hundreds of tenants forced to live in slum conditions. Philip has also helped tenants poisoned by carbon monoxide leaks, exposed to mold and whose children have been lead poisoned. Philip is at the forefront of representing tenants wrongfully evicted from properties protected by local rent control laws. Philip focuses his law practice on representing tenants because he strongly believes that every family and every person deserves the right to a safe, decent and healthy home. For questions about California discrimination laws based on marital status, retaliation, or to discuss your case confidentially with one of our skilled California employment law attorneys, do not hesitate to contact us at Shouse Law Group. The broad nature of that policy favors employees who are fired or treated unfairly as the result of a job-related injury.⁠87 In general, an employer commits wrongful termination if they fire an employee in retaliation for filing a workers’ compensation claim.

However, a retaliation complaint alleging that a worker was punished for asking about a lower rate of pay must be filed within one year. In most cases, an employee, former employee, or job applicant alleging retaliation under a law within the jurisdiction of the Labor Commissioner must file the complaint with the Labor Commissioner's Office within one year of the adverse action. Executive compensationis the combination of base cash compensation, deferred compensation, performance bonuses, stock options, executive perks, severance packages, and more, awarded to high-level management employees. Executive compensation packages have come under increased scrutiny by regulatory agencies and shareholders alike. If you face a dispute during the negotiation of your executive pay package, our attorneys may be able to assist you. While leave of absence laws vary from state to state, there are a number of federally mandated laws that protect employees who must take an extended period of time off from work.
Specifically, employers can't fail or refuse to hire, bar or discharge from employment, or otherwise discriminate in compensation or terms, conditions, and privileges of employment. They also can't limit, segregate, or classify employees and applicants in ways that could deprive them of employment opportunities or otherwise adversely affect their employment status. In addition, employers can't discriminate in admission to or employment in apprenticeship or other training programs based on race, religion, color, sex, national origin, or disability.
For purposes of sections 1404 and 1406 of Title 28 , the judicial district in which the respondent has his principal office shall in all cases be considered a district in which the action might have been brought. However, your employer cannot terminate you in violation of your employment contract, law, or public policy. In some cases, an employment agreement specifies that you will only be terminated for certain reasons, such as good cause. You also should not be fired because of a protected characteristic or the requirements that certain laws impose on your employer.

Unfortunately, your right to freedom from harassment will not stand up for itself, and you will need to hold your harasser accountable for your treatment. While every case is different, follow these general guidelines if you believe that you are the target of sexual harassment at work. Harassment not only can damage your job performance, but it can also harm you mentally, emotionally, and physically. If harassment becomes dangerous or relentless, you may feel the need to quit your job, which can cause serious financial losses as well. Identifying constructive discharge is highly important in these cases.
Criminal background checks must be job-related and consistent with business necessities. Employers may not consider certain kinds of criminal history in employment decisions. Job contracts may also enforce repayment of expenses made on your behalf by the company. For example, if your offer includes an all-expenses-paid relocation, you should make sure that your agreement will not require you to pay the company back for your expenses if you choose to terminate your employment. In some cases, the company may ask you to sign a waiver of claims to get your severance, which means that you will be unable to sue your employer, which, according to Pearson ,is not a good sign. Cafe workers called the police when the men wouldn’t leave, and an outcry erupted after a video of the incident went viral on social media.