Los Angeles Discrimination Lawyer
California law protects employees from employment discrimination in all aspects of employment, including interviewing, hiring, and firing. Discrimination involves the taking of a negative employment action against an employee based on a protected characteristic. Discrimination can occur on a variety of bases such as disabilities, pregnancy, sex, gender, age, national origin, and religion.Physical Disability Discrimination
California provides protections to employees for when employees are required to take leave due to a protected disability or medical condition. An individual is considered to have a disability if he or she has a physical or mental impairment that causes substantial limitations on one or more major life activities. In California, employees with qualifying disabilities are entitled to reasonable accommodations from their employers so long as they do not cause an undue hardship on the employer. These protections extend even if the employer mistakenly believes the employee has a disability and treats that employee differently.
For example, an officer worker should not be terminated because they cannot sit for long periods of time due to a disability when perhaps the employee could have still performed the functions of the job by merely standing. This is an accommodation, and an employer can be found liable for failing to prove that an accommodation was unduly burdensome or by requiring an employee to be 100% healed before returning to work. Rather, employers must engage in the “interactive process” to determine what the job limitations are, identifying potential accommodations, and assessing effectiveness. A failure to engage in this process is a separate Fair Employment & Housing Act violation independent from an employer’s failure to provide disability discrimination.
If you feel you have be discriminated against or treated differently at work due to an actual or perceived disability, the Los Angeles Discrimination Lawyers at Bibiyan Law Group have the experience and knowledge necessary to guide you through the legal process.Pregnancy Discrimination
Under California law, expectant mothers have certain rights under the Family Medical Leave Act, the California Family Rights Act, the Pregnancy Disability Act, and the Department of Fair Employment and Housing Act.
The California Fair Employment and Housing Act protects against pregnancy discrimination by prohibiting employers from harassing, terminating, or otherwise discriminating against an employee on account of becoming pregnant. The law is applicable against all California employers with five or more full-time employees and requires employers to make reasonable accommodations for their pregnant employees, such as accommodating the employee’s medical appointments and medical restrictions.
Additionally, the California Pregnancy Disability Leave Law requires that employers provide up to four months of leave for pregnancy or pregnancy related conditions. Upon return from leave, the employer is required to provide the same job back or a substantially comparable position. Unfortunately, many employers try to evade this requirement by stating that the position was eliminated or demoting the employee to another position.
Once a woman gives birth, the employee may be entitled to an additional 12 weeks of leave, but only if the employer has more than 50 employees within a 75-mile radius and whether the employee worked more than 12 months or 1250 hours. An employer is not allowed to interfere with your right to take leave for pregnancy or to care for your newborn child.
If you have been subjected to unlawful harassment or pregnancy discrimination, with the help of an experience employment lawyer, you may be further entitled to damages for emotional distress and attorneys’ fees. Your employer may argue that you would have been terminated whether or not you were pregnant and you will thus need an experience Los Angeles Discrimination Lawyer to advocate on your behalf. Please contact our office if you require further information or would like the Bibiyan Law Group to represent you.Age Discrimination
It is no secret that workers above 40 years of age are often at a disadvantage when it comes to gaining or keeping their employment. All too often, employees above 40 years of age become victims of employment violations disguised as cutbacks, layoffs and other excuses. Employers may want to hire someone younger because it would cost them less or they believe that the younger employee is more easily able to adapt to changing cultures or technologies. However, In California it is illegal to terminate or discriminate against an employee based on the fact he or she is above the age of 40. If you believe you are a victim of age discrimination, please do not hesitate to contact our Los Angeles Discrimination Law Firm to discuss your rights.