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If you are discriminated or harassed at your workplace because of your sex, race, age, religion, marital status, national origin, military and veteran status, sexual orientation, gender identity, mental or physical disability, pregnancy status, or prevented from taking medical leave to take care of yourself or a family member, you may have have a claim against your employer.  

 

The laws that prevent employees from being treated unfairly by their employers can be complicated to understand and it is important to act fast to ensure your rights are protected. At Jhans Law, our clients are walked through their employment case step-by-step to make sure their rights are fully protected. If you feel you have been wronged by your employer, contact the Jhans Law firm for a free consultation.

 

1.  AGE DISCRIMINATION DISCRIMINATION/HARASSMENT - Employees over the age of 40 are entitled to be free from discrimination, harassment, and from being retaliated or terminated due to their age under both Federal and California law.  Please contact the Jhans Law firm if you feel that you have been harassed, discriminated, or mistreated at work because of your age, so that we can discuss the legal remedies that may be available to you.

 

2.  DISABILITY DISCRIMINATION/FAILURE TO ACCOMODATE - Individuals with physical and mental disabilities have rights in the workplace to be free from certain types of discrimination.  Moreover, if you have been disabled while employed, an employer may be required to find a reasonable accommodation for your disability (such as modified duties.)  If you feel that your employer has discriminated against you because of your physical or mental disability contact Jhans Law for a free consultation. 

 

3.  SEXUAL DISCRIMINATION/HARASSMENT - Every employee is protected from sexual harassment and discrimination in the workplace which is defined as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature.  Your employer has the duty to take every reasonable measure to prevent sexual harassment or discrimination from occurring in the workplace.  Whether your employer is liable for the sexual harassment/discrimination that you have endured depends on the facts of your case.  Please contact Jhans Law now if you feel that you have been disciminated or harassed at work, so that we can discuss the legal remedies that may be available to you.

 

4.  FAILURE TO ACCOMODATE RELIGIOUS DRESS AND GROOMING PRACTICE - Under both Federal and State laws, individuals are entitled to be able to have their religious beliefs including religious dress and grooming practices (maintaining a beard, wearing hijab or yarmulkhe) reasonably accomodated in the workplace.  If you feel that you have been discriminated or harassed at your workplace because of your religion or feel that your employer has failed to reasonably accomodate your religion, contact Jhans Law for a free consultation.

 

5.  GENDER AND GENDER IDENTITY DISCRIMINATION/HARASSMENT -  Individuals who have transitioned to a different gender from gender of their birth face some of the harshest discrimination in our society today.  If you have gone through a change in gender identity or wish to undergo a change in gender, you are entitled to be able to maintain the gender of their choice including dress and grooming choice at your workplace.  If you feel that you have been discriminated or harassed at your workplace because of your gender identity, contact Jhans Law for a free consultation.   

 

6.  DENIAL OF FAMILY MEDICAL CARE AND LEAVE - Both the Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) protect the rights of employees who need time off from work to care for themselves or their family members.  Employers in California (with 50 or more employees in a 75 mile radius) are required to provide long term employees (those who have worked for an employer for over a year and for over 1250 hours within the last twelve month period) with an unpaid medical leave from their employment for designated reasons such as the birth of a child, for the serious health condition of the employee’s child, parent, or spouse, and for the employee’s own serious health condition.   If your employer has failed to provide you with a leave of absence from your job in order to care for yourself or a close family member, contact Jhans Law for a free consultation.

 

7. PREGNANCY DISCRIMINATION/HARASSMENT - In California under the Pregnancy Disability Leave Law (PDLL) employers that have more than 5 employees must allow an employee up to 4 months off work for time that that employee is actually “disabled” by pregnancy.   In order to be eligible for such leave, an employer can request documentation from your doctor confirming that you are "disabled" and the duration of such "disability."  After PDLL leave, an employee must be reinstated to the same job position.  There are very limited exceptions to this reinstatement guarantee and the burden is on your employer to show that these exceptions apply.  If you cannot get the same job position, your employer has to reinstate you to an equivalent position with similar benefits and pay.  Again there are very limited exceptions to this additional obligation to reinstate you to an equivalent position.  Additionally, larger employers (employers that have 50 or more employees within a 75 mile radius) have to provide long term employees (those who have been employed for more than a year full time) with 12 weeks of leave under the California Family Rights Act (CFRA) for “baby bonding” purposes.  After maternity leave concludes, an employee must be reinstated to the same on an equivalent job position.  As before, there are limited exceptions to this reinstatement guarantee.  If you believe you have been the victim of pregnancy discrimination, contact Jhans Law for a free consultation.

 

8.  DEFAMATION - If your California employer falsely "bad-mouthed" you or made false statements about you which you believe have damaged your reputation, you may have a claim for defamation.  For example, if your employer falsely criticized your abilities, job performance or falsely stated that you were dishonest or incompetent, they may have violated the law.   If you believe that you are the victim of defamation If you believe your employer has made false statements about you which may have damaged your reputation, contact Jhans Law for a free consultation.

 

9.  WRONGFUL TERMINATION - In California, employment is presumed to be at-will, which means that you can be fired for any reason or no reason at all, as long as your firing is not a violation of law or public policy.  The following are examples of situations when an employee has been wrongfully terminated: 

 

a) when an employer terminates an employee because of his  or her sex, race, age, religion, marital status, national origin, military and veteran status, sexual orientation, gender identity, mental or physical disability, pregnancy status, or because the employee requested time off to take care of a sick famiily member;  

b) When the employee has threatened to report illegal activities (such as discrimination, harassment, or violation of a law) by their employer;

If you believe that you have been wrongfully terminated for any of the above reasons, contact Jhans Law for a free consultation.

 

10. RETALIATION -  It is unlawful for an employer to punish or retaliate against employees who complain of or oppose discrimination or harassment in the workplace, or make complaints about safety. Employees who assist others in engaging in such protected activity may also have claims against an employer for retaliation. If you feel you have been subject to retaliatory acts by your employer please contact the Jhans Law firm for a free consultation.

 

11. WHISTLEBLOWER - Whistleblowers are those employees who report an employer’s violations of a law (or reasonable suspicions of the violations of a law) to their employer, to law enforcement, or to government agencies, and subsequently suffer a punitive action taken by their employer such as termination or demotion.  If you believe have been punished by your employer because you reported your employer's violation of a law, contact the Jhans Law firm for a free consultation.

 

The prior case results provided on this website do not constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. 

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