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Constructive Discharge: Defined

Some employees may be facing unbearable conditions in their workplace. For example, you may be mistreated or receive negative pay for reasons that are not related to work ethic or face discrimination and harassment. If such mistreatment rises to a level where no reasonable person would continue in this position, your employer may be found liable for constructive discharge. In this article, we will discuss how constructive discharge is defined in California, when do you qualify for it, and what to do if you find yourself in an unpleasant situation that appears to meet the criteria of constructive discharge. What […]

Legal Guide to Discrimination in the Workplace in 2019

Under California law, employees discriminated against are protected by the Fair Employment and Housing Act (FEHA). Federal law also protects the rights of job applicants and employees, but on a more limited basis than California through the following statutes: The Civil Rights Act of 1964 The Americans with Disabilities Act The Genetic Information Nondiscrimination Act of 2008 The Age Discrimination Act The Equal Pay Act of 1963 Discrimination in the workplace occurs when adverse material actions are taken against an employee or individual applying for employment as a result of certain protected classes, including: Race Religion Gender Disability Sexual Orientation […]

Legal Guide to Pregnancy Discrimination in the Workplace in 2019

What is pregnancy discrimination? Treating women employees or job applicants unfavorably because they are pregnant or have a medical condition/s related to childbirth or pregnancy amounts to pregnancy discrimination in the workplace.  Examples of pregnancy discrimination in the workplace Pregnancy discrimination in workplace cases come in many forms. The main ones include: Discrimination in hiring, firing, promotions, etc. Lack of accommodation Harassment Denial of right to maternity/parental/pregnancy leave Denial of additional rights under the FMLA I. Discrimination in hiring, firing, promotions, etc. If you are denied employment or fired after getting pregnant, such actions translate to pregnancy discrimination. The same […]

Legal Guide to Disability Discrimination in the Workplace in 2019

What is disability? To understand disability discrimination, it’s important to define the term disability.  First and foremost, the law doesn’t protect everyone with a health/medical condition. To be considered disabled, you must have all of the following: A mental/physical condition which limits major life activities like walking, hearing, seeing, talking, and learning significantly. A history of disability i.e., cancer in remission  A mental or physical impairment that isn’t transitory, lasting 6 months or less and minor even in the absence of such an impairment What is disability discrimination? Disability discrimination is defined under the ADA (Americans with Disabilities Act) and […]

Legal Guide to Religious Discrimination in the Workplace in 2019

What is religious discrimination? The EEOC – the federal agency responsible for administering and enforcing laws against discrimination in US workplaces defines religious discrimination as; treating an employee or applicant unfavorably because of their religious beliefs or practices.  Individuals who belong to traditional organized religions like Christianity, Islam, Hinduism, Buddhism, and Judaism are protected by the law (Title VII, of the CRA of 1964) from discrimination. The protections extend to individuals who hold religious, moral, and ethical beliefs. Religious discrimination extends to treating a person differently because they associate with or are married to individuals who practice a certain religion.  […]

Legal Guide to Racial Discrimination in the Workplace in 2019

Treating a job seeker or employee unfavorably based on their race or personal characteristics/attributes associated with race (like skin color, hair texture, or facial features) amounts to racial discrimination in the workplace.  Color discrimination is a form of racial discrimination solely based on a person’s skin color. Although racial discrimination or racism is usually associated with perpetrators of another race, discrimination can also be inflicted by persons of the same color or race.  Racial Discrimination in the Workplace Laws Although state anti-discrimination laws exist in different states in the US, they mirror federal anti-discrimination laws on race, specifically Title VII […]

Legal Guide to Gender Discrimination in the Workplace in 2019

What is gender discrimination? Gender discrimination in the workplace refers to negative or unfair treatment in the workplace because of a person’s gender. While men and women are all victims of gender discrimination in US workplaces today, women tend to suffer more than men (42% vs. 22%). Types of gender discrimination in workplaces Gender discrimination in the workplace can take many forms. The main forms include: Stereotyping Harassment Discrimination in recruitment, remuneration, and layoff Unequal pay for equal work Redundancies 1. Stereotyping Gender stereotypes can take several forms in the workplace. For instance, you shouldn’t be expected to take on […]

Legal Guide to Age Discrimination In The Workplace in 2019

What is age discrimination? According to the United States EEOC (Equal Employment Opportunity Commission), age discrimination is treating applicants or employees less favorably because of their age. Age discrimination in the workplace is forbidden in the ADEA (Age Discrimination in Employment Act). According to the ADEA, age discrimination is applicable to older persons only (persons aged 40 and above). Although there are states in the U.S. with laws protecting younger workers from being discriminated based on their age, it isn’t illegal for employers to favor older workers over younger ones even when both workers are aged 40 or above. Age […]

How to prove wrongful termination

Proving wrongful termination against your employer is a complex process that requires a comprehensive analysis of the individual facts and circumstances relating to the termination. Whether your claim is being litigated within an administrative venue, such as the DFEH, EEOC or Labor Board, or in a civil court or private arbitration, this article will be useful in obtaining a better understanding of the burdens of proof and types of proof and evidence necessary to proving your wrongful termination claim. This article also provides the common defenses put forth by employers in winning wrongful termination lawsuits. Burdens of Proof and Production […]

How much compensation can you get for wrongful termination?

Employers may be the subject of discrimination charges based on alleged violations of several civil rights laws, including the Fair Employment and Housing Act, Title VII, the Americans with Disabilities Act, and the Age Discrimination in Employment Act. Almost all California employers with 15 or more employees are covered by these laws.  Various remedies may be imposed against employers who have engaged in unlawful discrimination. The most common approach to determining an appropriate remedy is to “make whole” the individual who is the victim of unlawful discrimination. However, remedies available under certain state and federal civil rights laws are not restricted […]

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