The post How to Prove Disability Discrimination in the California Workplace appeared first on Romero Law, APC.
]]>It occurs when a California employer treats an individual with a disability unfavorably in any aspect of employment, including hiring, firing, job assignments, promotions, layoffs, training, fringe benefits, and any other term or condition of employment solely because of their disability.
We also know the best way to prove you are being discriminated against because of your disability is to keep detailed records of any discriminatory actions or behaviors experienced in the workplace. This includes incidents of harassment, denial of accommodations, unequal treatment, negative comments or actions by supervisors or coworkers, and any other relevant information to establish a link between your disability and the adverse employment action.
To establish discrimination, you must demonstrate that you suffered an adverse employment action because of your disability.
Some of the most common forms of disability discrimination may include, but are not limited to:
If you have been discriminated against in your California workplace because of a disability, contact our skilled California disability discrimination attorneys. We can provide guidance on the strength of your case, relevant laws that are being violated, and potential legal strategies that will allow you to pursue a remedy for your claim — and keep this unlawful behavior from happening to other employees.
To demonstrate that your disability was a motivating factor in an adverse employment action, like demotion, denial of promotion, or termination, California employees should gather various types of evidence to support their claims.
This may include:
At Romero Law, APC, we can assess the strength of your case and determine the most effective strategies for presenting your evidence during a free consultation.
Contact our experienced Los Angeles County disability discrimination attorneys today to discuss your unique circumstances. Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case by calling (626)-396-9900 or contacting us online.
The post How to Prove Disability Discrimination in the California Workplace appeared first on Romero Law, APC.
]]>The post Is It Discrimination If My California Employer Keeps Asking About My Pregnancy-Related Conditions? appeared first on Romero Law, APC.
]]>There are typically three critical elements to establishing a pregnancy discrimination claim, which include showing that the individual was subjected to an adverse employment action, that the pregnancy or related condition was a motivating factor in the employer’s decision, and that the employer’s actions were not justified by legitimate business reasons or undue hardship.
In addition, California employers are subject to specific laws and regulations regarding inquiries about pregnancy and related medical conditions.
Under FEHA, employers are generally prohibited from asking questions about an employee’s pregnancy or related medical conditions, except in limited circumstances. Specifically, employers cannot ask about pregnancy or related medical conditions during the hiring process unless the employer reasonably believes that the employee will need reasonable accommodation due to pregnancy or a related medical condition.
If an employer believes that an employee may need accommodations due to pregnancy or a related medical condition, they are allowed to ask questions to determine the need for accommodations and what type of accommodations may be necessary.
Employers may request medical information related to pregnancy or related medical conditions if the employee has asked for accommodations or if the employer reasonably believes that the pregnancy or related medical condition impairs the employee’s ability to perform essential job functions. However, any medical examinations or inquiries must be job-related and consistent with business necessity.
Any information obtained from an employee about their pregnancy or related medical condition must be kept confidential by the employer following privacy laws and regulations.
There are no legal deadlines for notifying your employer of your pregnancy, except that you must give your employer 30 days advance notice of a request for pregnancy-related leave, accommodation, or temporary transfer if the need for leave, accommodation, or transfer is foreseeable. If an unforeseeable medical issue develops, the employee must provide notice immediately.
An employer in California cannot require a pregnant employee to take leave if she can perform her duties with reasonable accommodations.
In addition, California employers cannot restrict a pregnant employee’s job duties unless it is necessary to protect her health and well-being, and even then, reasonable accommodations must be considered before such restrictions are imposed.
To establish pregnancy discrimination, you must show that your employer treated you differently due to your pregnancy or failed to accommodate you as a pregnant woman. This can be done by providing both direct and circumstantial evidence.
Direct evidence explicitly shows discrimination, including statements from the employer or supervisor that demonstrate a discriminatory motive. For example, if an employer bluntly tells an employee that she is being let go because of her pregnancy, that would be direct evidence of discrimination.
Circumstantial evidence, on the other hand, is evidence that infers discrimination through indirect means. This can include showing that the employer treated similarly situated employees differently or that the employer had a history of discrimination. For example, if an employer consistently demotes or denies promotions to pregnant employees but promotes other employees with the same skills and experience, that would be circumstantial evidence of discrimination.
If you believe your California employer is discriminating against you because of your pregnancy or medical-related condition, contact our experienced Los Angeles County employment law attorneys to discuss your unique circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.
The post Is It Discrimination If My California Employer Keeps Asking About My Pregnancy-Related Conditions? appeared first on Romero Law, APC.
]]>The post California Meal and Rest Break Requirements for Employees appeared first on Romero Law, APC.
]]>One of the most common ways this occurs is by shortening required break times, pressuring or incentivizing employees to work through them, or making it challenging for them to take breaks. These scenarios are forms of wage theft under California law, costing California workers an estimated $2 billion annually.
Under California law, a meal break is an unpaid, uninterrupted period of at least 30 minutes when employees are free of their duties.
The timing of meal breaks is determined by the hours an employee worked during that shift. Nonexempt employees — workers paid hourly — are legally entitled to one 30-minute meal break for every five hours of work. Technically, the break should come before the fifth hour of work ends. Employees who work more than ten hours get a second 30-minute meal break before reaching that tenth hour of work.
During this period, employees are free from any work responsibilities. They are entitled to come and go from work — for meals, personal business, or even running errands — for at least 30 minutes, as their positions allow.
In California, most workers covered by meal break protections are nonexempt or hourly workers. However, many exempt or salaried employees who work in certain professions and meet minimum earning requirements must also receive them.
If your California employer violates your right to take meal and rest breaks as required by law, contact our experienced Los Angeles County wage and hour employment law attorneys to discuss your unique circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case during a free consultation by calling 626-396-9900 or contacting us online.
The post California Meal and Rest Break Requirements for Employees appeared first on Romero Law, APC.
]]>The post How to Spot Age Discrimination in California Workplaces appeared first on Romero Law, APC.
]]>Apart from the emotional stress and degradation that comes with discrimination, the reality is age discrimination is illegal. Here, we discuss ways to spot age discrimination and how we can help enforce your legal rights to hold your employer liable for unlawful workplace behavior.
In the U.S., the Age Discrimination in Employment Act (ADEA) is the primary federal law governing workplace age discrimination. It is explicit about making its protections exclusive to workers who are 40+.
California law, the Fair Employment and Housing Act, also prohibits employer discrimination against job seekers who are 40 years of age or older.
The law prohibits discrimination in any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, benefits, and any other term or condition of employment.
Typically, two significant factors indicate age discrimination.
They include:
Disparate treatment intentionally treats an employee or group of employees unfavorably precisely because of their age.
This type is often more obvious to spot, and may include, but is not limited to:
If you believe you are the target of workplace age discrimination in California, contact our experienced Pasadena age discrimination attorneys at Romero Law for help.
The disparate impact of age discrimination appears more subtle. This happens when an employer institutes a neutral policy — not targeted only at 40+ employees — but negatively affects older workers more than younger workers.
These may include implementing physical fitness standards that are not necessary for job performance and disproportionately affect older employees or requiring a high level of proficiency with new technologies without providing training opportunities, which may disproportionately affect older workers who may not be as familiar with specific technologies.
Subtle age discrimination is also illegal. If you believe your employer is implementing workplace practices targeting employees over 40 — even unintentionally — we can help you understand and enforce your workplace rights.
Contact our experienced Los Angeles County employment discrimination attorneys at Romero Law today to discuss your unique circumstances. Our Pasadena employment law firm and bilingual staff offer services in both English and Spanish and are available to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.
The post How to Spot Age Discrimination in California Workplaces appeared first on Romero Law, APC.
]]>The post What are the Most Common Signs I Have Been Misclassified as an Independent Contractor in California? appeared first on Romero Law, APC.
]]>In California, the misclassification of workers is taken seriously, and the state has specific criteria to determine whether a worker is an employee or an independent contractor.
A new city ordinance in Los Angeles, effective July 1, 2023, requires a written contract for many independent contractors and freelance workers who work in the city. This ordinance is known as the Freelance Worker Protection Ordinance and may be the start of new legislation impacting independent contractor relationships throughout the state.
Here are some common signs that you may have been misclassified as an independent contractor in California:
You may be misclassified if the employer exercises a high degree of control over when, where, and how you perform your work. Independent contractors typically have more autonomy in determining their work schedules and methods.
If the employer provides training, tools, equipment, or materials necessary for the job, it may indicate an employment relationship. Independent contractors typically use their tools and equipment and are responsible for their training.
If your work is integral to the employer’s business, and you perform tasks similar to those performed by employees, you may be misclassified. Independent contractors often provide specialized services not central to the core business.
If the working relationship is expected to be long-term and ongoing rather than for a specific project or period, it may suggest an employment relationship.
It may indicate an employment relationship if you are restricted from working for other businesses or clients. Independent contractors typically have the freedom to work with multiple clients.
If the employer controls the financial aspects of your work, like setting rates, providing reimbursement for expenses, or dictating payment terms, it may suggest an employment relationship.
If you receive employee benefits like health insurance, retirement benefits, or paid time off, it may be an indication that you are misclassified.
If the employer has the right to terminate the relationship without cause, it may suggest an employment relationship. Independent contractors are generally engaged for specific projects and can only be terminated for contractual reasons.
If the employer withholds taxes from your pay and provides you with a W-2 form, it indicates an employee relationship. Independent contractors typically receive a Form 1099 and are responsible for their tax obligations.
If you suspect you have been misclassified as an independent contractor, contact our experienced Los Angeles County employment law attorneys to discuss your unique circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.
The post What are the Most Common Signs I Have Been Misclassified as an Independent Contractor in California? appeared first on Romero Law, APC.
]]>The post What Can I Do If My California Employer is Retaliating Against Me for Taking FMLA Leave? appeared first on Romero Law, APC.
]]>All employees should know that workplace harassment and retaliation are illegal under federal and California laws and can be pursued inside and outside the courtroom for deserving legal remedies.
If your coworkers are expressing complaints or concerns about your use of (FMLA) time, it is crucial to address the situation professionally and within the bounds of privacy and legal protections.
The FMLA protects employees who need to take leave for qualifying family or medical reasons. If you are eligible for FMLA leave and have followed the proper procedures, you are entitled to job protection. You should not face interference or retaliation from your employer or coworkers.
The details of your medical condition or reasons for taking FMLA leave are private. You are not obligated to disclose specific medical information to your coworkers. If coworkers are discussing your medical situation, it may violate your privacy rights.
Consider addressing the issue professionally if coworkers approach you with concerns or complaints. You can explain that you are taking FMLA leave for legitimate reasons protected by law and that the details are private.
If complaints persist or if you feel uncomfortable, consider discussing the matter with your human resources (HR) department. Share your privacy concerns and discuss any steps HR can take to address the situation. HR should be knowledgeable about FMLA regulations and can educate coworkers about your rights.
Maintain open communication with your supervisor about your FMLA leave and expected return date. If possible, discuss with your supervisor how your responsibilities will be handled in your absence and your plans for a smooth transition upon your return.
Keep records of your FMLA request, communications with your employer, and any incidents related to coworkers’ complaints. Documentation may be helpful if you need to address the issue formally or if there are concerns about potential retaliation.
If you believe your rights under the FMLA are being violated or experiencing significant issues with coworkers that are not adequately addressed, contact our experienced Los Angeles County employment law attorneys to discuss your unique workplace circumstances today.
Our employment law firm and bilingual staff offer services in both English and Spanish and are available now to discuss your case during a free consultation by calling (626)-396-9900 or contacting us online.
The post What Can I Do If My California Employer is Retaliating Against Me for Taking FMLA Leave? appeared first on Romero Law, APC.
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