If you feel you have been discriminated against in your workplace or in employment and hiring practices, you may wish to pursue a lawsuit. But in California, that requires obtaining a "right to sue" letter. Just what is a "right to sue," and why is it required? Should you be able to simply pursue a lawsuit without obtaining this letter?
Many workers in the United States, including in California, can find themselves in delicate situations regarding immigration status and employment. Renewing a work visa one day late can place you in a precarious position, while undocumented workers may have little to no recourse in many situations without being discovered. An unscrupulous employer may take advantage of this to exploit workers in delicate situations regarding immigration status - and may threaten to report your immigration status if you intend to report unsafe, discriminatory, or otherwise unethical work conditions. Can your employer legally do this, or do you have protections even in your situation?
Many times, it can seem as though the only difference between an independent contractor and an employee is who is responsible for deducting your taxes. Yet there are many other factors that differentiate contractors and employees under California law, and one major point is the protections offered to employees against discrimination, harassment, unfair wages and hours, wrongful termination and retaliation. As an independent contractor, are you afforded those same protections?
While California has some of the most progressive, employee-focused workplace discrimination laws in the country, discrimination still happens based on a number of factors. One of these factors is a person's gender identity, whether they are transgender, genderqueer, genderfluid, two-spirit or nonbinary. So what does it look like when discrimination based on gender identity happens, how do you recognize it and are you protected against it?
While discovering you are pregnant may be a cause for joy, before you welcome your little bundle of joy you must first navigate the difficulty of being pregnant in the workplace. While things might not be difficult before you begin to show, soon the effects of pregnancy on your body could impact your ability to work up to normal capacity even before you develop a hefty baby bump. You may fear that iif your pregnancy affects your performance, you could lose your job just when you need financial stability the most. But is it even legal for a California employer to fire you for being pregnant?
No one wants to face discrimination in their California workplace, but sometimes you find yourself dealing with a hard situation where your employer or coworkers has taken unfair action against you in ways that affect you as a member of a class protected by race, creed, religion, sexuality, gender, gender identity, disability or several other factors. Sometimes these offenses are blatant, but sometimes they arise because a seemingly fair policy actually has a negative effect on you. When this happens, it is called disparate impact.
Whether you are male, female or nonbinary, you may be a victim of sexual harassment at your California employer. If a coworker of any gender has made you uncomfortable or placed you in situations in which you felt you could not escape, you could be dealing with sexual harassment. Sometimes harassment is overt, while at other times it can be more difficult to concretely identify. How can you recognize sexual harassment in the workplace?
Although California is a state with a reputation for strong employee protection laws prohibiting workplace discrimination, you may have heard of a state proposition that is often referred to as an "affirmative action ban." This ban is also known as California Proposition 209. But if California is known for protection against discrimination, how does an affirmative action ban work - and how does it affect workplace discrimination laws?
Anticouni & Associates Files Lawsuit against California-American Water Company for Age Discrimination, Disability-Based Associational Discrimination, Failure to Accommodate, Failure to Engage in a Timely Good Faith Interaction, Wrongful Termination in Violation of Public Policy, and Emotional Distress.
You may be going silver at the temples, but you are still at the top of your game. Your age and experience give you a perspective that provides an advantage over competitors or younger employees, but what if employers have biased beliefs about older workers? Some employers may believe older workers are not as sharp as younger workers, or may be slower and less likely to perform well in demanding situations. If you feel that you have been discriminated against on the job or in the California employment market due to your age, we at Anticouni & Associates fully understand your frustration.