AREAS OF SPECIALTY
The California Fair Employment and Housing Act (as well as federal laws) is of interest to Baby Boomers and other older workers who may believe they have been discriminated against, or may be discriminated against at the workplace. Such laws were intended to protect employees age 40 and above from such varieties of employment discrimination as the following:
- Firing shortly before qualifying for pension (which may also be an ERISA violation).
- Demotion apparently triggered by age differences among workers.
- Failure to promote as scheduled or promised.
- Replacement by younger workers.
- Wage differentials unfavorable to older workers.
Contact our office if you suspect you have been the target of age discrimination on the job.
Our office will handle age discrimination and wrongful discharge cases on a contingency basis. Clients do not pay attorneys' fees until and unless compensation is obtained for the worker who has been discriminated against because of age, sex or race.
Sometimes an employee over the age of 40 or older who suspects age discrimination questions whether the situation warrants a formal complaint, claim or lawsuit. Explore legal options and strategies by contacting our office.
Legal protection from discrimination in the workplace on the basis of gender is an integral feature of Title VII of the Civil Rights Act of 1964. In the words of the Equal Employment Opportunity Commission, "It is unlawful to discriminate against any employee or applicant for employment because of his/her sex in regard to hiring, termination, promotion, compensation, job training, or any other term, condition, or privilege of employment...... based on stereotypes and assumptions about abilities, traits, or the performance of individuals on the basis of sex."
California also has laws to protect employees from discrimination in the workplace. Contact us and let us know the circumstances of your potential sex discrimination complaint, claim or lawsuit, including the following:
- Sexual harassment
- Gender harassment
- Pregnancy based discrimination
- Unequal pay for equivalent work on the basis of sex
- Wrongful discharge in retaliation for reporting or complaining of sex discrimination on the job
- Sexual orientation discrimination in private employment
- Harassment in the form of hostile, offensive or intimidating behavior because of sexual orientation, when such behavior is so “severe or pervasive” that it interferes with ability to perform a job.
Disability Discrimination and Accommodations
If you have experienced discrimination, harassment, or other unfair treatment on the basis of an actual or perceived disability on the job, both state and federal law protect persons with disabilities in the workplace, and we can investigate and pursue your claims for discrimination or wrongful termination, for compensation.
The Fair Employment and Housing Act (FEHA) requires employers to engage in a good faith informal "interactive process" with a disabled employee to determine what accommodations might be necessary to allow a worker with a disability to be employed productively at a given workplace. These accommodations might involve adjustment to a workstation, special protective gear or safety equipment, or technological solutions to an impairment of hearing or vision or similar accommodations so the employer can initiate the interactive process with the employee. An employee should request an accommodation by his or her employer and be prepared to discuss possible job modifications that will allow the employee to perform the essential functions of their job.
Although neither California’s FEHA nor the federal Americans with Disabilities Act requires an employer to create a position expressly for an employee with a disability, state and federal law provide definite and certain requirements for employers to accommodate an employee’s disability on the job. The employee must be careful not to waive any rights under the FEHA by failing to participate in a discussion with the employer about the accommodations necessary of mutually satisfactory job performance. Often, reasonable accommodation is an ongoing process rather than a single action.
If an employee is not actually disabled, but is perceived by the employer to have a disability, the employer can also be held liable to the employee for disability discrimination or failure to make reasonable accommodations for the perceived disability – especially when the perceived disability is the underlying basis for an adverse employment action (such as termination).
For reliable advice about your rights as an employee with a disability, or how to document and remedy any violations of your rights, call or e-mail (see our employment law form) us today.
Family Leave Discrimination (FMLA/CFRA)
State and federal regulations prohibit employers from discriminating against employees for utilizing their right to use family medical leave. We are committed to protecting employee’s rights under the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). To discuss your rights and needs, e-mail or contact us for a no-charge consultation.
Family and Personal Medical Leave
The FMLA and CFRA provide that a full-time employee with at least 12 months consecutive service may take a period of up to 12 weeks of unpaid leave for the purpose of personal medical leave (such as pregnancy or other serious medical condition) or family medical leave (such as to care of a sick mother or other immediate family member) without being terminated, demoted or otherwise discriminated against. However, many employers violate CFRA and FMLA laws.
If you have been fired after returning from family or personal medical leave, it is essential to have an experienced lawyer advocating for your rights and interests. Contact us by e-mail or phone to discuss your case.
More than four decades after the passing of the Title VII of the Civil Rights Act of 1964, race discrimination in employment still rears its ugly head in America today. We dedicate our careers to the pursuit of justice on behalf of the workers who have experienced illegal racial discrimination and other forms of employment discrimination.
Contact us to schedule a consultation if you believe you have been discriminated against on the basis of your ethnic or racial identity in California.
The EEOC (Equal Employment Opportunity Commission) specifies with clarity and force the following prohibitions against race discrimination in American employment contexts.
Equal Employment opportunity cannot be denied to any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color.
Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII's prohibitions apply regardless of whether the discrimination is directed at Whites, Blacks, Asians, Latinos, Arabs, Native American, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, color, or ethnicity.
Employees of all Walks of Life
We welcome inquires from all types of workers, including employees of machine shops, repair shops, garages and automotive assembly line component manufacturers. Our clients may be insurance adjusters, bank employees (including tellers), tech writers, department store employees, fast food workers, sporting good store sales personnel, airport workers and workers at casual labor job sites.
LAW OFFICES OF
ERIC P. OREN INC.
Fresno, CA 93704
In Business Since 1982
The American Board of Trial Advocates