Los Angeles Employment Lawyer Blog

The answer is No! An employee cannot be denied a promotion based on their national origin. The term “national origin” broadly refers to the country where you are born or where your ancestry comes from, and includes any display of the physical and cultural traits of a particular national group and is different from race discrimination. Your national origin is listed as its own protected category under the law, and though it is separate from race discrimination, an experienced employment lawyer will help you determine if you have two causes of action. Federal and California Law prohibit discrimination or harassment against an employee due to your race, age, national origin, religion, or disability. In California, the Fair Employment and Housing Act specifically prohibits race, color or national origin discrimination in hiring, training, or in the terms, conditions, or privileges of employment.

Do you believe that you were fired, overlooked for a promotion, or not hired because of your national origin or heritage? Are you being harassed at work due to where you were born or your ancestry? So long as you were qualified for the position in question, it is illegal to be denied a promotion because of your race, age, national origin, religion, or disability and it is illegal to harass you once you are there. Also, being fired from your job or not being hired for a job as a result of your national origin is illegal. An experienced attorney can help you determine if you were discriminated against based on your national origin. One way your employer can discriminate against you and your national heritage is by requiring that you and other employees only speak English in the workplace, which might place you at a disadvantage if English is not your primary language. It is also against the law for your current employer or a potential employer to ask you the origin of your last name, where you come from and/or whether or not you are of a mixed race unless it is done with the express purpose of complying with government laws regarding the reporting of ethnicity information. If you are denied equal employment opportunity because of your place of origin or ancestors’ place of origin, or because of you show the physical, cultural, or linguistic characteristics of a national origin group, your employer is breaking the law and an experienced employment lawyer will help you defend your rights.

If you suspect you have ever been fired or have not been hired or promoted because of national origin discrimination, call the employment law offices of Greenberg & Rudman LLP now! You can reach one of our experienced California employment attorneys at 1-800-ALAWPRO (1-800-252-9776) and receive a free consultation regarding your legal rights.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Are you the victim of sexual harassment on the job? Cases of sexual harassment in the workplace have increased in since 2007. Sexual harrassment is a form of sex discrimination. The legal definition of sexual harrasment is “unwelcome verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects working conditions or creates a hostile work environment.” One must be careful to note that conduct that is welcome, even if it is sexual in nature, is not considered sexual harassment. One way to be certain that the offender knows his or her conduct is not welcome is through communicating (verbally, in writing) to that person that their behavior makes you uncomfortable and that you would like them to stop. Both Federal law and California law prohibit sexual harassment in the workplace. It is also illegal for your employer to retaliate against you for reporting sexual harassment in your work place.

How do you know if you are a victim of sexual harassment? Examples of sexual harassment, when the behavior is severe, persistent, and unwelcome, include:

• Verbal or written comments about your clothing, personal behavior, or your body


• Sexual or sex-based jokes or innuendoes


• Requesting sexual favors or repeatedly you out on a date


• Spreading rumors about your personal or sexual life


• Assault or threats of assault


• Inappropriately touching your body or clothing such as kissing, hugging, patting, stroking


• Derogatory gestures or facial expressions of a sexual nature


• Posters, drawings, pictures, screensavers or emails of a sexual nature

Also, you might be the victim of sexual harassment if your employer has harassed you because you are female or because you are male. Although one single instance of rude or sexual behavior might be offensive, it might not be considered sexual harassment. However, if you are fired, refused a promotion, demoted, given a poor performance evaluation, or reassigned to a less desirable position because you rejected a sexual advance, or because you reported the harassment, that almost certainly constitutes sexual harassment. An experienced employment lawyer can help you determine if you are the victim of sexual harassment.

If you live in California and believe you have been sexually harassed in your work place, either by your boss or another co-worker, call the experienced employment lawyers at the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 now for a free and confidential consultation. Stand up for your rights as an employee and call 1-800-ALAWPRO. We’re here to help.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE HARASSMENT

Bookmark:

The California Labor Code states that your employer must provide you with safe working conditions, so it is within your rights under CA law to report unsafe conditions to your employer and to ask for your employer to implement corrective measures.. Your workplace environment must also be conducive to your health, and it is up to your employer to do everything it can to protect and safeguard you while you are within your work place. If your employer retaliates against you for reporting an unsafe work condition, an experienced employment attorney can help you defend your rights.

Examples of employer retaliation for reporting an unsafe workplace include termination, getting laid off, demotion, discrimination, or threatening any of the above. As an employee in the state of CA, you have the right to make oral or written complaints when you notice problems within your work environments. These complaints should never subject you to retaliation by your employer. If you are retaliated against as a result of reporting an unsafe working condition, the law is on your side. Experienced employment lawyers might be able to help you recover damages for any pain, suffering, or lost wages you may have incurred as a result of retaliation.

Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Racial bias, or discrimination or harassment against a worker because of his or her race, is still prevalent in many businesses across California and the United States. In a recent case in U.S. District Court, supervisors of the Secret Service have been accused of sending racist emails and creating a hostile environment against non-white workers. Further, these emails and other conduct may have resulted in disallowing black agents the promotions they deserve.

Racial discrimination can occur in any employment setting. Whether it is a restaurant, office, professional driving or delivery service, or as seen here, even the highest of security jobs, the premise is simple. Those in management or in other positions create a hostile environment against those of another race, based solely on their racial characteristics. When you are denied promotions, pay raises, or even being hired due to your race, this is illegal and many Federal laws and State laws protect you. In this day and age it is especially heinous to be discriminated against because of the color of your skin, and these laws were put into effect to protect you.

If you believe that you are a victim of racial bias in your workplace, call the experienced attorneys of 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.

Story from Darryl Fears, The Washington Post 05/29/2008

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Sexual Harassment in the workplace is often less direct than your employer touching you, demanding sexual favors, or making unwanted advances in or out of the office. Sexual harassment can also appear when your employer or fellow employees create a hostile workplace. A hostile workplace is one where you are uncomfortable due to other’s unwanted actions or words, emails, pictures, or other offensive activities.

Sometimes it can be your coworker opening illicit webpages or email in your presence. Or it can be as simple as posting flyers around your office with offensive pictures or descriptions. Even cards or pictures on someone’s desk that you are forced to see everyday can create a hostile work environment. These actions and activities are not appropriate for the work place, and they can also be illegal. If you are faced with offensive or illicit materials or comments in the office, then you should report them to your direct supervisor. But if the activities continue and your supervisor does not stop them, then they are also responsible for creating and fostering a hostile workplace.

In one workplace in California, co-workers displayed nearly nude pictures of women in a flyer for a medical disability fundraiser. Though the cause was good, and the event was to raise money for a cure, the offensive pictures were posted throughout the workplace. Another situation involved dishwashers in the back of a restaurant bringing in laptops to watch illicit material during their wash breaks. Both of these situations are inappropriate for a work environment, and can create a hostile work place. An experienced employment lawyer can help you get back to work without having to endure offensive and inappropriate conduct.

If you are in a hostile work environment 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE HARASSMENT

Bookmark:

With bustling populations, positive job growth and an endless supply of actors, directors, editors, post-production workers, writers and more, workers in cities like North Hollywood, Burbank and Studio City make up a large percentage of the entertainment industry. But with all the positive job growth, there are many more incidents of workplace discrimination, harassment and violations of employment law. Many industry workers work long hours, often for up to seven days a week. Even more do not have health insurance, paid time off, or many other advantages that other employment opportunities give. With so much work, and such taxing hours, wage per hour claims, and underpaid employees often go unnoticed.

But the attorneys of Greenberg & Rudman LLP will fight for entertainment industry workers. With over 50 years combined experience, the attorneys of Greenberg & Rudman LLP are experienced in handling a variety of employment claims for workers in the entertainment business. Our experience includes:

• Recovering unpaid overtime, wages, or paychecks


• Claims against your employer for unsafe business practices


• Sexual Orientation, Racial, Gender, Age, and Disability Discrimination in the workplace


• Harassment in the workplace including harassment for sexual identity, disability, or race and national origin


• Reasonable accommodations for disabilities in the workplace


• Wrongful termination suits


• Discriminatory hiring and employment practices

If you work in North Hollywood, Studio City or Burbank and you have had an employment problem, call the attorneys 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Sexual harassment is often thought to be a “woman’s problem” in the workplace. Mainstream media and news often reports of a woman receiving advances from her male co-workers and bosses. The movie 9 to 5 showed the extremes of sexual harassment in a comical light. But often, men suffer sexual harassment in silence. Whether it is from a male or female co-worker or boss, men are the victims of sexual harassment in their workplace. But the societal views of men being more sexual, more thick-skinned, prevent many men from confronting their bosses and speaking out about these heinous workplace activities.

Men often feel that they won’t be believed, or that they will be seen as weak or overly sensitive if they report sexual harassment in their workplace. But the truth is it is illegal, and Federal and State laws protect your rights not to be in a hostile work environment. Men or women can be sexually harrassed by men or women. Sexual harassment can happen to anyone regardless of your gender or sexuality. And if you are working in a hostile work environment or you have experienced quid pro quo harassment (the threat of “do this or you are fired”), you have rights that are protected by the law.

If you have experienced sexual harassment 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: WORKPLACE HARASSMENT

Bookmark:

Retribution is a legal term that is not that different from what it means in the outside world-payback. It can happen for many reasons: you have reported your boss for illegal or suspected illegal activity to an outside agency; you have filed a worker’s compensation claim; you have a medical disability and have begun negotiations for a reasonable accommodation; or you have gone to your boss about lost wages, errors in your paychecks, or wage discrimination (you are being paid less than your equal counterpart due to your age, gender, race or other qualified category). Retribution is simple, once one of these examples has happened, you notice that your working environment is suddenly harder, your pay is less, or you are wrongfully terminated from your job.

Retribution is illegal and you are protected from wrongful and discriminatory retribution practices from your boss for many qualified actions. The list above is not all-inclusive; there are many more reasons why your boss cannot fire you without legal cause. Additionally, sexual harassment is a very common ground for retribution. You have been asked to perform a sexual favor, or your boss has asked you on a date, but when you decline, your workplace becomes hostile. All of these examples are illegal. What can you do?

There is help. While your boss is not necessarily breaking the law for being a jerk, or for firing you if he had a legal cause, many times retribution is easy to see since it follows some other illegal act or practice on the part of your employer. If you have become the victim of retribution 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.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS , WORKPLACE HARASSMENT

Bookmark:

Pregnancy Discrimination is still an unfortunate problem in today’s workplace and being discriminated against for pregnancy in California is no exception. Whether it is because an employer does not want to have their employee miss workdays or because they are concerned that the woman will not be able to do her job effectively, it is discrimination the same as any other type of illegal discrimination. What does this mean for you? It means that an employer cannot refuse to hire you because you are pregnant as long as you can ably perform the functions of your job. Additionally, they cannot discriminate based on where you are in the term of your pregnancy, your future plans to become pregnant or prejudices “of co-workers, clients and customers.”

Additionally, if you are pregnant on the job, you may not be fired simply because you find certain tasks difficult due to your pregnancy. It must be treated like any other medical condition that is a disability, in which case, you are to be reasonably accommodated to be able to effectively complete your work.

How do you know if you are being discriminated against? An employer may not ask if you are or plan to become pregnant in your job interview. Additionally, while you are on pregnancy leave, your job must be held for you for a reasonable amount of time the same as any other medical disability leave. If you are being discriminated against in California, or you have been discriminated against due to your pregnancy or pregnancy leave, please call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how the law may be able to help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION , EMPLOYMENT CLAIMS , WORKPLACE HARASSMENT

Bookmark:

The attorneys of Greenberg & Rudman LLP have extensive experience in protecting your rights in your workplace and beyond. Many times, it is the unfortunate occurrence that you have not only suffered discrimination, harassment, or had to report on your employer to an outside agency, but then you find yourself the victim of retaliation. Retaliation in legal terms is much like it is when you learned it as a child; the employer feels wronged and so they purposefully wrong you back. Obviously, it is a little more complicated than that. But the basic problem is that employers will sometimes make worklife harder for you once you ask for Family and Medical Leave, or if you have reported a superior for sexual harassment or any other number of employment claims.

So what do you do if you find yourself the victim of retaliation in California? Call the Law Offices of Greenberg & Rudman LLP. Our experienced and aggressive attorneys will fight for your case and ensure that you are compensated and that your employer does not win for retaliating against you. Whether it is inside the courtroom in front of a jury, or negotiating a settlement, our highly regarded attorneys will fight for your case. With experience in Los Angeles, the Inland Empire, and many other areas of California, our attorneys are familiar with the courts where you will have your case heard.

If you have been the victim of workplace retaliation, call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free consultation regarding your legal rights and how the law may be able to help you.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION , EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

Sexual Harassment can be prominent but unreported in the workplace today. Many times it is because your harasser, or you, assumes that it is just you being “sensitive” and not that you have become the victim of a legally protected violation of a right to work without interference and fear. The Equal Employment Opportunity Commission has listed these helpful suggestions as to what sexual harassment can look like if you are unsure:

• The harasser can be anyone, such as a supervisor, a client, a co-worker, a teacher or professor, a student, a friend, or a stranger.


• The victim does not have to be the person directly harassed but can be anyone who finds the behavior offensive and is affected by it.


• While adverse effects on the victim are common, this does not have to be the case for the behavior to be unlawful.


• The victim can be male or female. The harasser can be male or female.


• The harasser does not have to be of the opposite sex.


• The harasser may be completely unaware that his or her behavior is offensive or constitutes sexual harassment or may be completely unaware that his or her actions could be unlawful.

Additionally, sexual harassment is more common than you might believe. The Equal Rights Advocates reports that “A Cornell Law Review article entitled “Exacerbating the Exasperated: Title VII Liability of Employers for Sexual Harassment” reported that between 40% to 90% of women in the United States workforce have been the victims of some form of sexual harassment on the job. As even conservative Ninth Circuit Judge Kozinski recognized: “It is a sobering revelation that every woman—every woman—who has spent time in the workforce in the last two decades can tell at least one story about being the object of sexual harassment.”

If you find yourself the victim of sexual harassment at your workplace 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 the law may be able to help you.

Quote taken from http://www.equalrights.org/professional/sexhar/work/workplac.asp

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

With over 50 years of combined legal expertise, the Law Offices of Greenberg & Rudman LLP have been fighting to protect the rights of those who have found themselves the victim of racial, sexual, gender (sex), national origin, and disability discrimination. With a strong background in winning cases, the attorneys of Greenberg and Rudman are experienced trial attorneys who know what it is to fight for you and your rights – in and out of the courtroom.

When you have been the victim of discrimination and harassment, you need a strong, aggressive attorney who can represent you and get you the verdict or settlement that you deserve. The attorneys at Greenberg & Rudman LLP have a strong history of representing those who need help most, and protecting their legal rights.

At our firm, you pay nothing up front. From your free initial consultation, to working with a contingency fee (which means that our attorneys only get paid if you do!), our attorneys and experienced legal staff will work hard to take your case all the way. With only the best trial experts, cutting edge technology in the courtroom, and the finest experience behind your side, Greenberg & Rudman LLP invest their time and knowledge in your case from the moment that you call for your free consultation. Call now at 1-800-252-9776 to discuss your case with one of our experienced and capable trial attorneys today.

Posted by Greenberg & Rudman | Permalink | Email This Post

Posted In: DISABILITY / MEDICAL DISCRIMINATION , EMPLOYMENT CLAIMS , WORKPLACE DISCRIMINATION , WORKPLACE HARASSMENT

Bookmark:

African-American security guards were discriminated against by their employer, and faced racial slurs, retaliation, and even being fired from their jobs in a recent case in San Francisco,. The plaintiff, Mr. Brian C. King, was hired to work as a security guard in a shopping center in San Francisco, California. Shortly after he began work, he and other African-American security guards noticed their employers and other employees referring to them as “thugs, pit bulls, and ghetto security.” His workplace became exceedingly more hostile as time went on. When Mr. King filed a report with management that he was being discriminated against based on his race, he was suspended only a few days later. After only a short week of suspension, Mr. King was fired. While management claimed that this was due to his “excessive use of force,” the court found there to be sufficient evidence that this was really retaliation for Mr. King’s speaking out about his problems with discrimination in the workplace.

The court found that there was a reasonable amount of evidence to show that Mr. King was racially discriminated against, retaliated against, and ultimately wrongfully terminated. Mr. King was awarded $24,000 including economic damages from lost wages and non-economic damages for his emotional distress. The court made it clear: California and Federal law do not allow racial discrimination in the workplace, and these actions are intolerable.

If you find yourself in a similar situation, or you currently are the victim of racial discrimination, retaliation, or you’ve even lost your job from these practices; call the Law Offices of Greenberg & Rudman LLP at 1-800-252-9776 for a free initial consultation regarding your rights and how the law can help.

Quote taken from the Los Angeles Daily Journal, Verdicts and Settlements, February 29, 2008, Brian C. King v. Professional Security Consultants.