Los Angeles Employment Lawyer Blog

In addition to Federal Law, many classes of individuals who work in California receive greater coverage for discrimination, harassment and other employment related suits. The law is the Fair Employment and Housing Act (“FEHA”) and it includes the following categories (but are not limited to):

• sex


• gender


• race


• ancestry


• national origin


• color


• sexual orientation


• religion


• medical disability (including HIV/AIDS diagnosis)


• marital status


• age (40 and over)


• medical conditions; and


• refusal of family care leave

There are other protections which are not listed here which may offer you more protection under Federal or other State Laws. Our general website: http://www.discriminationattorney.com discusses many of these protections at length and offers more general information.

If you believe you qualify as one of these classes and you have been the victim of harassment, discrimination, wrongful termination or other employment issues in California, please call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: WORKPLACE DISCRIMINATION

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A female police officer in Whittier, California proved that she had been the victim of discriminatory evaluations in her performance review as opposed to the male police officers. Further, she was demoted, and when she blew the whistle on her Division, she claimed retaliation. After trying to report to an outside authority, the discrimination grew worse, and she filed a discrimination suit against the Division. After two trials, the Appellate court upheld her claims, and ordered over $1 million in compensatory and non-economic punitive damages.

While discrimination based on sex is hard to prove, it is still illegal. If you are a woman and are being treated in a derogatory manner by your bosses or counterparts, you have the right to file a claim and end the harassment. You are also protected in going to a third agency to blow the whistle (tell of their supposedly illegal actions) without the fear of retribution. If at any time during this process things get worse or you are terminated from your position, you should seek the guidance of an experienced employment lawyer to protect your rights.

The attorneys at the law firm of Greenberg & Rudman LLP have over 50 years combined experience in gender harrassment and sexual harassment and discrimination. Our attorneys know how to fight your case both in and out of the courtroom. If you believe that you are a victim of sexual harassment or discrimination in your California workplace call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION

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Medicine has been making new grounds in the way of genetic testing for precursors to many illnesses including breast cancer, diabetes, heart disease, and more. But more and more workers have concerns about getting preventative and early detection genetic tests for fear of retaliation from their bosses or losing their health insurance. The bill, started in the 1990s, has been toted as a great advancement to personal medicine and health care. Scientists agree that if you can detect one of these markers at an early state, the patient has a much greater chance of recovery.

So isn’t why then isn’t this just a quick pass? GINA would make it illegal for health insurers to raise premiums or deny coverage based on the information found in the tests. It would also prohibit employers from discriminating against employers based on the information, such as in decisions to hire, fire, promote, or other job duties. But the contenders have said this will do nothing about those who already have the disease and are discriminated against both by their insurance coverer and their employer.

However, this bill is meant mostly to prohibit employers and individual health insurance companies from discriminating against individuals based on the results of the test. There are already many state laws that make it illegal to prohibit groups from insurance based on their test results. Advocates of the bill argue this is the next step in protecting the advancement of personal medicine and less discrimination in the workplace based on personal disabilities.

If you suspect that you have been discriminated against at work for a genetic test, or have been refused benefits due to your medical disability in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Santa Clarita has over 177,000 residents and is one of the top growing areas in California. With so many types of employment and the varying size of employers, not all employers are knowledgeable or aware of California Labor Codes. Some examples are whether a worker should be classified as an employee (who receives a W-2 form for taxes and the employer withholds taxes to be paid to the government) or an independent contractor (who receives a 1099 form for taxes and must pay their own). The differences may seem slight, but when it comes to benefits and unemployment benefits – the differences are vast.

The Attorneys of Greenberg & Rudman, LLP have over 50 years combined experience in settling and litigation employment disputes in the greater Los Angeles Area, including Santa Clarita. If you have an employment claim regarding your employment status, wages, harassment or discrimination, you should call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. Our experienced and winning attorneys know how to handle your case from settlement or through extensive litigation. With state of the art exhibits, expert trial witnesses, and knowledge of Federal and State Laws, our attorneys may be able to help your case.

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Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

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Narcolepsy is a medical disability that causes the sufferer to experience disrupted sleep. Many times they do not receive the proper amount of REM (or deep rapid eye movement) sleep during the night, and as a consequence, experience periods of extreme fatigue and even falling asleep at very inconsistent times. Often, a narcoleptic may have had the necessary seven to eight hours of sleep the night before, but still finds that they have fallen asleep at their desk at work, or while sitting still watching a video.

Narcolepsy is a medical disability that is protected under State law and Federal Law. While many treatments exist, some of the best treatment is allowing brief periods that are planned throughout the day to take a short nap, so as not to simply fall asleep at a much more inconvenient or inappropriate time. As Narcolepsy is a protected medical disability, those suffering from this disability have rights under both Federal and State law.

For example, Narcoleptics qualify for reasonable accommodations in the workplace with their employer. Reasonable accommodations may include (but are not limited to): setting aside 20 minutes periods throughout the day to take a planned nap so as not to fall asleep during other periods of the workday, time off of work for medical appointments, and an area where the person can take these naps undeterred and without disruption.

Your employer must make an effort to accommodate your medical disability, they cannot simply fire you if you have a qualified medical disability. Further, you are protected from law from being harassed and discriminated against due to you disability. If you suffer from Narcolepsy, and you are experiencing harassment, discrimination, or are not receiving adequate accommodations for your disability, INA would make it illegal for health insurers to raise premiums or deny coverage based on genetic information, and would prohibit employers from using such information for decisions on hiring, firing, promotions or job assignments.

If you or a loved one have been fired or discriminated against at work due to narcolepsy, you should speak to an attorney as soon as possible. Call the Law Offices of Greenberg & Rudman LLP in California now for a free and confidential consultation at 1-800-252-9776. We are experienced attorneys who can help you learn your rights. You may be suffering from a disability, but you are not alone.

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Posted In: DISABILITY / MEDICAL DISCRIMINATION

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Although one Supreme Court Justice, Justice Stephen Breyer, will sit out the decision, (apparently due to owning stock in the Defendant corporation) – an age bias suit from New York went before the highest court in the land this week. The suit is trying to determine who bears the burden of proof on age bias suits, the over-40 workers who claim they were fired due to age discrimination or the employer who must show there was another legitimate reason aside from age.

If the court stays as it is, the decision will remain with the lower court, leaving the decision unbinding on other courts. What does this mean? That age bias and discrimination cases continue to be controversial even in our highest courts. The burden of proof in age discrimination cases is harder than in many other types of discrimination cases, as there can be many legitimate reasons for any firing. However, many of these suits end up as class-actions showing that there was a policy or a corporation-wide discrimination against those over 40 years of age.

What does this mean for you if you are over 40? It means that you must be very careful to document and pay attention to the actions of your employer against you and your fellow older workers. With courts split on the issue, it does make it a harder burden for the plaintiff. However, that does not make discriminatory actions by your employer legal or justified. If you suspect your employer of engaging in age bias or discrimination in any part of the employment process in California: hiring, firing, promotions, pay raises, training opportunities, social activities, etc., call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

AP, The New York Times 04/24/2008

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There are many types of arthritis, whether it is Rheumatoid arthritis, psoriatic arthritis or even Septic arthritis. All kinds of arthritis can be debilitating and disabling when it comes to common tasks in the workplace. However, this does not mean that your employer has a right to discriminate against you or fire you due to your disability. Under Federal laws and California State Laws, Arthritis is a medical disability that is protected from discrimination. As such, you have a right to reasonable accommodations in the workplace that allow you to complete the tasks of your work, while accepting your disability.

To start with, you must disclose your disability to your employer. Your employer cannot help you if they do not know about your disability. Start by arranging for a meeting with your direct supervisor to tell them about your Arthritis and how it affects your work. This may mean that you complete tasks more slowly, or that you need breaks from repetitive motions such as typing or filing. Even adjusting your desk space and using a wrist bar when typing can be accommodations for your Arthritis. You should then arrange for an accommodations request with your employer. This means that you both discuss and arrange simple accommodations that will allow you to complete your job adequately, while taking into account the disability. Your employer is bound by law to make reasonable accommodations including missing work for doctor’s appointments, and giving you more time to complete painful tasks.

As long as your accommodations do not place an undue burden on your employer, they must make a reasonable effort to help you. If they do not, or you find that they are harassing you about your work, your disability, or even retaliating against you after you disclose your medical disability, you may be the victim of discrimination and harassment. If you have had problems after you tried to make your reasonable accommodations request to your employer, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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In a recent case in Kentucky, a woman who blew the whistle on the administration of Gov. Ernie Fletcher received over $500,000 and a new job within the state. She claimed that there were improper hiring practices and also that after engaging in whistleblowing, or reporting on her employer’s illegal practices to an outside agency, she was retaliated against. Retaliation and any other form of discrimination in response to whistle blowing is illegal under both Federal and California laws.

Whistleblowing is protected, as it is a vital means of discovering illegal activity of an employer from those who know and observe it best: the employees themselves. Retaliation in the workplace is very much what it is in the outside world—payback for your actions. Whistleblowers are protected when they make an accusation against their employer from any form of retaliation whether it be pay decreases, harassment, or even firing.

If you suspect your employer of engaging in discrimination, harrassment, or other illegal activities and you have blown the whistle in California, you are protected by law. Call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. The experienced attorneys at Greenberg & Rudman will fight aggressively for your rights both in and out of the courtroom. With over 50 years of combined legal experience, extensive trial knowledge, and state of the art trial media exhibits, our attorneys know how to put the law to work for your case.

Stephenie Steitzer, Louisville Courier Journal 04/24/2008

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Equal pay discrimination according to the law exists only when you are receiving less pay than an equal counterpart. Equality must exist in education, experience, and in basic job duties. A recent Supreme Court case last year made it more difficult for women to prove equal pay discrimination in the workplace versus their male counterparts. The ruling held that women had a mere 180-day time-period to file their equal pay discrimination suit. Democrats in the U.S. Senate tried to pass a bill this month that would have extended that time period, easing the burden on women to discover and prove that they were not receiving equal pay. However, Republicans successfully blocked this bill from passing this week.

What does this mean for women in the workplace? Equal pay discrimination is still a very real problem to working women today. Estimates from a Vanderbilt University Study earlier this month showed that a male accountant in America earned on average $49,000 while a woman accountant with the same experience earned a mere $33,000. While arguments abound that women receive more non-monetary benefits such as time-off to care for children, this debate has often been found lacking. Men also receive non-monetary benefits, and are more likely to be promoted, simply because they are male.

The duty now lies on a woman to show that she is making less in the workplace for equal experience, work, and duties than her male counterparts. And these rulings from the Supreme Court show that the earlier you discover this, the better chance you have of prevailing. While it is discouraged at many work places to discuss your salary, it is often the best way to find out if you are a victim of pay discrimination.

If you find that you are being paid less than your equal counterpart for the same work in California, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

Statistics taken from: http://law.vanderbilt.edu/article-search/article-detail/index.aspx?nid=101

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Age discrimination is illegal under both Federal laws and State Laws. However, age discrimination is slightly different than other forms of discrimination. Much of the practices that can look like age discrimination aren’t actually illegal. For example, it is not illegal to offer early retirement packages to those who are about to retire. It is also not illegal to hire a less senior employee to replace a more senior employee so that the company can save costs in paying lower salaries. However, these same practices can be illegal if the reason behind the action is that the employer is trying to lay off older employees in favor of younger ones. If the reasons behind the actions are biased, the practices that once seemed legal, become illegal.

Age discrimination applies to workers aged 40 years old or older. You cannot be discriminated against for age bias if you are under the age of 40, even if you suspect that you were terminated or bypassed for a raise for a younger employee. Also, the burden is on you to prove that your employer discriminated against older employees based on discrimination and age bias, not for a legal reason. This is often hard to prove, but one way to show this bias is to show a consistent and continual practice by an employer to all or many older employees over time.

If you have noticed age bias or discrimination in your workplace, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you. The experienced attorneys at Greenberg & Rudman will fight aggressively for your rights both in and out of the courtroom. With extensive trial experience, our attorneys know how to put the law to work for your case.

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Clinical depression can be devastating to yourself, friends, family members and your social life. But it also can affect your work. Oversleeping, an inability to focus, lack of motivation to do even simple tasks—these are all symptoms of clinical depression that can make work life difficult and tedious. While there are treatments for clinical depression such as therapy and medication, sometimes the symptoms continue to effect life in the workplace. Clinical depression is a recognized disability under the Americans with Disabilities Act and State Law. You have the right to reasonable accommodations in the workplace to assist your needs to do your job effectively.

In order to have reasonable accommodations in the workplace, your employer must know that you have a disability. You should arrange a confidential meeting with your supervisor to disclose your disability, and negotiate reasonable accommodations. These accommodations may be that you need to leave work early to get to therapy sessions, or that you may need more time to accomplish a task that requires great concentration. As long as your request is reasonable and does not place an undue hardship on your employer, your employer must accommodate your request. Further, once you have tried to negotiate accommodations with your employer, you cannot be fired simply for your disability. This is known as wrongful termination.

If you have clinical depression, and you are concerned that you are not receiving adequate reasonable accommodations, or you have been retaliated against or wrongfully terminated due to your disability, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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In a recent filing in Minnesota, a Federal Judge approved a class action suit for more than 6,000 older employees of 3M Co. The CEO, Jim McNerney, engaged in age bias against older employees. The suit alleges that Mr. McNerney and 3M consistently favored younger employees for pay raises, promotions, training programs, and all other aspects of employment. Older employees were also terminated more frequently than younger employees.

These actions are known as age discrimination. Federal and State law protect older employees from being discriminated against based on their age. While often the most difficult type of discrimination to prove, it is still an unfortunate practice in many workplaces today. Often, the discrimination isn’t against just one worker in particular, but against all of the older employees. This is a ground for a class action lawsuit, where many workers have been discriminated against by a common employer. Large and small corporations can be the perpetrators of age bias in the workplace.

If you have noticed practices that may suggest age bias or discrimination such as younger employees consistently given raises, promotions or opportunities not given to older employees, or many older employees being terminated, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how one of our experienced employment lawyers may be able to help you.

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