Unfortunately, even in today’s world, employees are subjected to discrimination in the workplace. Discrimination takes place in many different forms such as unfavorable reassignments and demotions, disciplinary actions, demotions, several forms of harassment, failure to promote and termination of employment. There are many bases of discrimination, including:
- Disability (physical or mental illness)
- Medical status (including pregnancy)
- Veteran status
- Sexual orientation
In general, an employer in California cannot discriminate against an employee by terminating, refusing to promote or refusing to hire someone due to one of those protected classes.
Under the federal Age Discrimination in Employment Act (ADEA), employees or potential employees are protected against age discrimination. Persons with a disability or believe they have been discriminated against due to their race, gender, ethnicity, veteran status, sexual orientation and many other classes are protected under the federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA).
If you are an employee in California and believe you were discriminated against due to your age or disability, it is time to seek seasoned legal counsel. Based in Solana Beach, California, Branfman Mayfield Bustarde Reichenthal, LLP provides comprehensive employment law counsel. We are knowledgeable when it comes to all facets of an employment law case.
Age Discrimination Claims
Under the federal ADEA, an employer is prohibited from discriminating or retaliating against an employee due to his or her age. This doesn’t have to be through termination but could also be a demotion or refusal to promote. What is often difficult to prove in an age discrimination claim is that it was for the reason of age that an employer acted out against the employee. The employer can often point to other reasons such as the employee’s performance.
Our lawyers will work hard to investigate your age discrimination case and review all relevant evidence to help prove your claim. This is a particularly difficult type of discrimination claim and that is why it is important to hire a lawyer with extensive experience.
The Rule Of Reasonable Accommodations: Disability Discrimination
In addition to the laws prohibiting discrimination, if an employee has a disability and requests workplace accommodations to do his/her job, the employee has additional rights. The reasonable accommodations arena is filled with rules, and imposes obligations on both the employer and employee. Whether or not all of those rules are followed will make or break a case for either the employee or employer.
The experienced attorneys at Branfman Mayfield Bustarde Reichenthal, LLP have a thorough understanding of the reasonable accommodation laws and the requirements of the parties in the interactive process. If you have had a reasonable accommodation request ignored or denied, our attorneys can help guide you through the process, and help you understand and comply with your duties to realize the best outcome for both the employer and employee.
In the event the reasonable accommodation request is not resolved to the satisfaction of the parties, or the request is denied, the attorneys at Branfman Mayfield Bustarde Reichenthal, LLP will be by your side through each step of the process and as we litigate your dispute, if necessary.
Sexual Harassment Cases
Likewise, discrimination by sexual harassment is also prohibited, and can be one of the most humiliating and demeaning events a person experiences. Sexual harassment takes many forms: such as inappropriate comments, jokes and emails, unwanted sexual gestures, inappropriate touching and demands for sexual acts. The compassionate attorneys at Branfman Mayfield Bustarde Reichenthal, LLP, can help guide you through your legal obligations to prevent sexual harassment and obtain the necessary remedy. In addition to the employer, the harasser may also be held personally liable to the employee for damages due to the sexual harassment.
For More Information, Reach Out To Our Law Firm
For every wrong, there is a right. If you have been subjected to discrimination in the workplace, our firm is ready to help. Contact us online or call 858.793.8090 today for a initial phone conversation with one of our experienced lawyers to advise you of your rights and obligations.