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San Francisco Employment Lawyer Blog  
Released:  12/6/2008 6:25:13 AM
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Published by Greenberg & Rudman, LLP


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WERE YOU FIRED BECAUSE YOU HAVE HIV/AIDS? GET HELP BY CALLING SF BAY AREA EMPLOYMENT ATTORNEYS.

Disability discrimination is not only wrong, but it is illegal. It is against both California’s Fair Employment and Housing Act (FEHA) and the federal Americans with Disabilities Act (ADA). FEHA applies to companies with 5 or more employees, and the ADA applies to employer with 15 or more employees. A person is considered disabled if he or she has a physical or mental condition that substantially limits a major life activity, has a history of such a disability, or is believed to have a physical or mental impairment that is not transitory and minor. Disability discrimination occurs when an employer treats an applicant or employee in a discriminatory manner because he/she has a history of a disability or because he/she is believed to have a physical or mental impairment that is not transitory. In addition, the employer must provide an disabled employee or applicant with a reasonable accommodation. A “reasonable accommodation” includes something that would help a person with a disability apply for a job, perform the duties of a position, or enjoy the benefits of employment. Some examples of reasonable accommodations include making the workplace wheelchair accessible, or providing a reader/interpreter.

If you have HIV/AIDS and were denied a job or fired because of your condition, you may be a victim of disability discrimination. Just recently a trucking company was sued by the Equal Employment and Opportunity Commission (EEOC) for discriminating against a worker with HIV. The lawsuit alleges that the company wrongfully terminated an employee after they learned he was HIV positive. It is unlawful for an employer to fire an employee because he/she has HIV without finding out if the employee would be able to continue to perform his/her job duties.

AIDS.png If you have been fired because you have HIV, you should contact the experienced San Francisco discrimination lawyers. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will fight for your right to a non-discriminatory workplace.




ARE YOU A NORTHERN CALIFORNIA TRUCK DRIVER WHO WAS DENIED WAGES?

A class-action lawsuit was filed last week on behalf of several truck drivers who were denied wages and suffered from other employment laws violations. The trucking company, Total Transportation Service, Inc., allegedly cheated workers out of wages and refused to provide them with the proper meal and rest periods. The company has refused on comment on the allegations.

If you are a truck driver in the Bay Area, you are entitled to be paid in accordance with the law. This means that you must be paid at least minimum wage. California’s minimum wage is currently set at $8 per hour. In addition, unless you belong to a class of exempt workers, your boss must pay you overtime if you are entitled to it. Overtime is classified as any hours over eight hours per day or 40 hours per week. Any hours that are worked over the typical workday are classified as “overtime” and should be paid at the rate of one and one half times your regular rate of pay.

If you have been denied overtime for the hours you have worked, been forced to go without meal or break periods, or if you have not been paid the money you have earned, get help now. Call the experienced employment attorneys at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We will help you protect your rights at work.




AFRICAN AMERICAN WORKERS SHOULD NOT PUT UP WITH OFFENSIVE COMMENTS AT WORK. CALL NORCAL DISCRIMINATION ATTORNEYS FOR LEGAL ADVICE.

Six African American employees emerged victorious from a racial discrimination lawsuit filed against their former employer and steel manufacturer, Nucor. The workers were awarded $1.2 million in damages for the discrimination they faced at work. The African American employees were forced to deal with images of nooses, threatening gestures, and company-sold symbols of the confederacy. If you are working in the Silicon Valley area, you should know that it is illegal for you to be working in an environment where you a subjected to continual racial slurs and threats.

It is not too late, and you are not alone in this experience. Race discrimination is illegal under both California’s Fair Employment and Housing Act (FEHA) and federal Title VII. If you think you may be a victim of discrimination, you should be aware that there are two types of race-based discrimination. The first type of discrimination is known as “disparate treatment.” This type of discrimination is rather “straight forward” and involves your boss treating you differently than other workers because of your race. The second type of discrimination is known “disparate impact” discrimination. This type of discrimination occurs when a company policy tends to exclude one race from a certain job or position. The policy wasn’t designed to have this effect, but it was rather the unfortunate side-effect of the policy.

Black%20Businessman6.jpg If you believe that you have been a victim of race-based discrimination, get help today. Call the experienced attorneys at Greenberg & Rudman LLP for advice. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We are here to guide you through this process.




SILICON VALLEY WORKERS DO NOT HAVE TO PUT UP WITH UNWANTED SEXUAL ADVANCES IN THE WORKPLACE.

If you have been dealing with unwanted sexual advances at work, you may be a victim of sexual harassment. Don’t put up with this behavior – stand up for your rights at work. Just recently, the Ruby Tuesday restaurant chain has agreed to pay $225,000 to five female employees who were sexual harassed by a male supervisor. The female workers were subjected to crude sexual propositions and remarks about their appearance. In addition to the settlement, the company has agreed to provide sexual harassment training to all of its managers and supervisors.

Sexual harassment is a very complicated area of law. However, if you think you may have been sexually harassed there are a few basic things you should know. First, there are two types of sexual harassment. The first type of sexual harassment is known as quid-pro-quo harassment. “Quid-pro-quo” is a Latin term that means “this for that.” This type of harassment is basically a trade. Under this type of harassment, a manager or supervisor asks for sexual favors in exchange for work benefits. The second type of sexual harassment is known as the “hostile environment”. This type of harassment occurs when a co-worker or boss does or says something that makes you feel uncomfortable because of your sex. In addition, this offensive behavior must also be severe or pervasive.

If you think that you may have experienced either quid-pro-quo harassment or the hostile environment harassment, call the experienced attorneys at Greenberg & Rudman LLP to find out more. Our team is here to fight for your rights. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.




CALIFORNIA RESTAURANT SETTLES A REVERSE GENDER DISCRIMINATION LAWSUIT. CALL BAY AREA EMPLOYMENT ATTORNEYS IF YOU HAVE BEEN DENIED A HIGHER PAYING JOB BECAUSE OF YOUR SEX.

Lawry’s restaurant, an up-scale steakhouse based out of southern California, recently agreed to settle a reverse sex discrimination lawsuit. The lawsuit was brought in 2006 by the Equal Employment and Opportunity Commission (EEOC) on behalf of a former busboy. The worker alleged he was denied a higher paid position as s waiter because of his sex. Lawry’s restaurant has a policy of only hiring women to serve as waitresses. Since 1938, Lawry’s has hired female workers dressed in 1930’s and 1940’s fashion. Under the settlement, Lawry’s agreed to pay $500,000 to men who were denied jobs as waiters.

If you have faced reverse sex discrimination, you are not alone. In 2008, the EEOC received over 28,000 sex discrimination allegations and resolved 24,000 of the claims. If you think you may have been a victim of sex discrimination, you should be aware that there are two types of gender discrimination. The first type of discrimination is “disparate treatment.” This type of discrimination is straight-forward discrimination. It occurs when your boss treats you differently from other workers because of your gender. The second type of discrimination is known as “disparate impact” discrimination. This type of discrimination occurs when an employer’s company policy tends to exclude one sex from a promotion or certain position. The policy, however, was not intended to have this effect. Rather, the unpleasant outcome was solely an unfortunate side effect of the policy.

Lawry%27s.jpg If you have been a victim of either disparate treatment or disparate impact gender discrimination, you should get help now. The attorneys at Greenberg & Rudman LLP are well versed in employment law and will help you fight for your rights. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.




ARE YOU A SOLDIER SUFFERING FROM POST TRAUMATIC STRESS DISORDER?

Post-traumatic stress disorder (PTSD) is a severe psychological condition that arises from exposure to events that an individual experiences as very traumatic. Events that typically trigger PTSD involve actual or threatened physical injury, or threat to physical or psychological integrity. As a result, the person suffering from PTSD is often unable to deal with the trauma. The development of PTSD depends on the intensity of the event, the duration of the event, and the particular individual experiencing the event. Most people who experience traumatic events will not be affected by PTSD.

If you have post traumatic stress disorder, you may have already been a victim of discrimination without realizing it. Some examples of ways in which your employer may have discriminated against you include not allowing you to miss work for medical appointments, not accommodating your need to take a reasonable period of time off work, not allowing you at work accommodations for your disability, and not allowing you to attend psychotherapy to deal with your PTSD.

Soldier.jpg If you have experienced discrimination because of your post traumatic stress disorder, you may be able to sue. You may be able to bring a lawsuit if your disability results in physical limitations, if you can still perform the essential functions of your job, and if your boss has taken some form of adverse action against you. Adverse actions include things such as termination, refusal to promote, and refusal to hire. If you have been a victim of discrimination, get help today. Contact the experienced attorneys at Greenberg & Rudman LLP who will fight for your rights. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more. We can help you.




SARATOGA, CALIFORNIA DISCRIMINATION LAWYERS ARE HERE TO HELP YOU.

The city of Saratoga is located in Santa Clara County. This town a central part of the Silicon Valley, and it is one of the top-earning cities in the country. While Saratoga may have a small-town feel, it is home to over 31,300 residents. The large majority of Saratoga’s residents are Caucasian, but this city also has a large Asian population that comprises roughly 37 percent of the population.

While this city may not be very ethnically diverse, Saratoga is still bound by California employment laws. If you work in or around Saratoga, you should know that you are protected from unlawful employment discrimination and harassment. Under the law, your boss may not discriminate against you on the basis of your gender, disability, religion, sexual orientation, and/or age (over 40 years). In addition, your boss and coworkers may not harass you based on any of the previously mentioned characteristics.

If you believe you may be a victim of discrimination or harassment, get help today. The attorneys on our staff are experienced in the realm of employment law and will help you fight for your rights at work. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.




HAS YOUR BOSS CONTINUALLY HELD BACK HISPANIC/LATINO INDIVIDUALS AND REFUSED TO PROMOTE THEM? CONTACT BAY AREA DISCRIMINATION LAWYERS NOW.

Race discrimination is against both California and federal law. Under the law, your boss may not discriminate against you because of your race in relation to any of the terms and conditions of employment. “Terms and conditions” include things such as salary, title, scheduling, promotions, etc.

“Race” is defined as a person’s ancestry or ethnic characteristics. It is illegal to discriminate against anyone, on the basis of any race or color. This also means that your boss may not discriminate against you if you are white. Discrimination based on color is also against the law. This means that an employer may not favor someone with a lighter complexion or Caucasian features over someone else. In addition, you employer may not discriminate against you because of the people you associate with. Therefore, if you are married to a person of a certain race, you boss may not treat you differently because of the race of your spouse.

Hispanic%20Businessman3.jpg Race discrimination is sadly still prevalent in the workforce. Just recently a class action lawsuit against a sawmill company awarded the plaintiff’s $5.5 million in back pay. The lawsuit centered around the assertion that the company had a long history of discrimination against Black workers. During the discriminatory period, the company would assign black workers the worse jobs and repeatedly deny them promotions. If you have also been a victim of discrimination, get help today. Call the skilled team of attorneys at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.




HAS YOUR BOSS BEEN HOLDING YOU BACK IN YOUR JOB BECAUSE YOU HAVE SCHIZOPHRENIA?

Schizophrenia is a psychological disorder that causes impairments in the perception of reality. In addition, schizophrenia causes severe social and occupational inabilities. Many individuals suffering from schizophrenia suffer from hallucinations and disordered thinking. Although a definite cause of schizophrenia is unknown, genetics, environment, neurobiology, and psychological and social processes are likely important contributory factors. Schizophrenia is often misunderstood, and many people think it is connected with violent tendencies or split personalities. This is not the case. This condition puts the sufferer in emotional turmoil, but does not render them violent.

If you have schizophrenia, you may not even be aware that you are a victim of discrimination. Some examples of ways in which you may be a victim of discrimination include your boss not allowing you to miss work for medical appointments, your employer not accommodating your need to take some time off work, your boss not providing you with reasonable on-site accommodation for your schizophrenia, and/or not allowing you to miss work to undergo psychotherapy to treat your schizophrenia.

If you have been a victim of discrimination, you may be able to bring a lawsuit against your employer. In order to bring a discrimination suit, you must be able to show that you are disabled, regarded as being disabled, or have a past of being disabled. In addition, you must be able to show that your disability has resulted in physical limitations, that you can still perform the essential tasks of your job, and that your boss has taken some adverse action against you. An “adverse action” includes not hiring you because of your schizophrenia, firing you, or demoting you.

If you believe you have been a victim of discrimination, get help by calling the experienced attorneys at Greenberg & Rudman LLP. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776 for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.




PLEASANT HILL, CALIFORNIA DISCRIMINATION ATTORNEYS.

Pleasant Hill is located in Contra Costa County. This northern California city is home to many different types of people. Pleasant Hill has over 7 percent Hispanic/Latino residents. In addition, this city has a large Asian population that consists of around 14 percent of the total population. While this East Bay city may have residents from many ethnic backgrounds, it is not immune to discrimination in the workplace.

If you live in, or near, Pleasant Hill, you should know that your employer may not discriminate against you based on your race, gender, disability, religion, sexual orientation, and/or age (over 40 years). In addition, your boss may not harass you on the basis of your sex, race, disability, religion, or any other protected characteristic.

Pleasant%20Hill.jpg If you think that you may have been a victim of discrimination or harassment, you are not alone. Get help by calling the employment lawyers at Greenberg & Rudman LLP. You can call us for a free consultation to find out if you have an employment claim. You can reach us at can reach us at 1-800-ALAWPRO or 1-800-252-9776. You can also visit us at www.discriminationattorney.com to learn more. We are here to help you!





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