Discrimination
We have obtained substantial settlements in wrongful termination and breach of licensing agreement cases.
In many employment cases, we do not charge any legal fees unless and until we win your case. In simple terms, if we do not succeed in obtaining a settlement or verdict in your favor, we do not charge you for our legal services!
The most relevant laws protecting employees are:
Age Discrimination:
The California Fair Employment and Housing Act (commonly known as FEHA) prohibits an employer from discriminating against any employee because that employee is over 40 years old. Because there is rarely “smoking gun” evidence of age discrimination, circumstantial evidence will usually suffice. An inference of age discrimination is usually raised by showing that the employee (a) belongs to a protected class (i.e., is over forty (40)), (b) was subjected to an adverse employment action (like termination, demotion, suspension), and (c) similarly situated employees from outside the protected class were treated differently and more favorably. An employee also may use statistical evidence, comparative evidence, or direct evidence. Direct evidence, such as discriminatory comments made by a supervisor, is often the most persuasive. However, in larger companies, it may be possible to use statistical analysis to demonstrate that the employer systematically discriminates against a particular group in hiring, promotions and terminations. Such evidence would raise an inference that the action taken against a particular employee was a result of animus or prejudice. Comparative evidence also raises an inference of discrimination by showing that different rules and standards were applied to people in different groups.
Discrimination:
In all aspects of employment, an employer must treat all employees without regard to race, color, national origin, ancestry, religion, sex, pregnancy and childbirth , sexual orientation, gender, marital status, age (40 or older), physical or mental disability, medical condition, genetic characteristics or veteran status. These state and federal laws impose the obligation on employers to treat employees equally in the hiring, terminating, promoting, disciplining, and all other aspects of employment, without regard to the employee's protected class mentioned above.
Disability Discrimination:
State and federal laws protect any individual with a physical or mental impairment that limits their major life activities—such as walking, seeing, hearing, speaking, communicating, and caring for themselves—provided the individual can perform the essential functions of the job safely and efficiently with reasonable accommodations. Depending on an employee's particular condition, this can include not only people who traditionally have been regarded as disabled—such as those with impaired vision, hearing, or speech—but also those with “invisible” disabilities, such as AIDS or HIV, cancer, or learning disabilities. These protections may apply if the individual currently suffers from a disability, has a history or record of a disability, or is perceived to have a disability.
These laws require that an employer provide the employee "reasonable accommodations" as long as such accommodations do not result in an undue hardship to the employer or a direct threat to health and safety, and provided the individual is able to perform the essential functions of the position.
