Oakland Employment Discrimination Law Attorney

Judges can and often do adjust these amounts in response to appeals or to meet requirements of the law, Lamberton said. In other words, it’s not enough to prove you suffered workplace discrimination; you have to show “some sort of hate” or that your employer “knew what they were doing was illegal and they just didn’t care,” Lamberton said. Maintaining an Agency atmosphere that is free from discrimination, harassment, and retaliation is essential to our credibility when  promoting democratic values, human rights, and the rule of law with our partner countries.
He has represented clients in wrongful termination/discrimination cases against such entities as Chevron, Georgia-Pacific, and the California Department of Transportation . In general, federal anti-discrimination laws do not prevent state or local governments from adopting laws that provide employees with equal or greater protections.⁠15 This means that California employers are required to comply with the law that creates the highest standards. HUD has filed a complaint against Facebook that alleges its advertisement practices violate the Fair Housing Act by permitting advertisements that discriminated against specific potential renters and homebuyers based on their race, sex, religion, disability, and other characteristics. Advertisement targeting tools also allowed home sellers and landlords to block rental and sale ads from displaying in specific zip codes. California laws may also apply to employers with at least 5 employees. However, certain federal laws only apply to employers with 15 or more employees.

The right to a lactation break does not apply if it would seriously disrupt the operations of the employer.⁠114 This exception is hard to meet, however, and employers should be cautious before invoking it. Government Code GC — California False Claims Act workplace retaliation, endnote 4 above. Nikolai may be the victim of workplace retaliation for his whistleblowing activities. Go to Education The goal of the Education Division is to bring consistency and continuity to the MDCR brand through awareness, training and community collaborations. Go to Diversity, Equity and Inclusion The Diversity, Equity and Inclusion Office develops educational training session and resources designed to increase awareness of implicit bias and its impact in the work we do and the people we serve. Personal insults, objects or pictures that are offensive in nature, and any other conduct that directly interferes with an employee’s work performance.
When we exemplify these fundamental values as an Agency, we celebrate our diversity as well as become more inclusive, equitable, and accessible. Lawyers for Prime, the company that lost the E.E.O.C. suit in 2014 challenging its same-sex training policy, called Ms. Voie as an expert witness to defend the practice. In her testimony, she contended that women who were passed over by companies that didn’t have female trainers available could have found work at other trucking companies. Kim Howard, one of the other women who filed the E.E.O.C. complaint against Stevens, said she was attracted to truck driving by the prospect of a steady wage after working for decades as an actor in New York. Yet some women say they are attracted to it because it can pay around $50,000 a year, with experienced drivers making a lot more.

I can withdraw my consent to automated calls/texts at any time as it is not necessary as a condition of service. Pearson advises employees to be careful if they spot any language in the agreement that is along the lines of "the company may …" or "in the company's sole discretion". This language can most often accompany requirements concerning work hours and pay. While it is normal for a bonus to be in the company's discretion as it is based on your performance, anything else should raise an eyebrow, especially if you have not previously discussed it with your employer.
The U.S. Equal Employment Opportunity Commission has issued guidelines for employers, intended to prevent criminal record discrimination from being used as a proxy to effect unlawful racial discrimination. Over the past few decades, researchers argue around the explanation for the wage gap between the African American and Caucasian workers. James Heckman, a Nobel Prize-winning American economist, leads the argument that labour market discrimination is no longer a first-order quantitative problem in American society, and supports the idea that blacks bring skill deficiencies  to the labour market and cause the wage gap. Heckman's argument is based on a series of papers utilizing the Armed Forces Qualifications Test scores reported in the National Longitudinal Survey of Youth. The papers support that interracial wage inequality is due to pre-labour market inequality by examining the basic human capital model. The papers utilize empirically based approach suggesting that an individual's position in the skill distribution is influenced by the decisions made reconsidering the cost and benefit of acquiring certain jobs.
Free legal counseling, investigation, and mediation related to landlord-tenant matters, such as housing discrimination, fair housing, and landlord and tenant rights and responsibilities. This law firm website and legal marketing are managed by MileMark Media. Emotional distress, pain and suffering, and loss of professional reputation. If the loss of your job caused you significant emotional distress, ruined your reputation in the community or affected your ability to get future work, or caused physical problems, you might be entitled to additional damages.

“Which, when you sort of layer that on top of occupational segregation and wage gap issues, could also explain perhaps some differences between the cases,” Juliano said. The local chapter does refer callers to the Pennsylvania Human Relations Commission and other resources that might be helpful, according to Allen. Whatever the case, an immense amount of power in these cases rests in the hands of an unpredictable jury, attorneys say. That’s one place where race, gender or other aspects of a defendant’s identity could influence the result.
Punitive damages are a way to punish the behavior of the wrongdoer and act as a way to deter the employer or other employers from engaging in similar wrongful behavior in the future. An investigator will contact the individual who filed the complaint within 60 days and discuss the details of the alleged discrimination or harassment. If the CRD representative determines the state will not handle the complaint, the matter will be dismissed, and the individual has the immediate right to sue their employer in court. If the representative accepts the pre-complaint inquiry, a complaint will be prepared for your signature and delivered to the employer. Before filing a discrimination complaint with the EEOC, an employee may want to work with a supervisor to resolve the issue.

An employer may make  it seem like the question is part of casual conversation, small-talk, or unrelated to the job. However, if the company has no such policy, they cannot ask about your marital status. Asking if you are married, plan to get married, or have been divorced may be a discriminatory practice. There are workplace hazards increased by employees in a close relationship. Punitive damages are usually only awarded when the defendant did something that was particularly heinous or offensive. They can serve to deter the defendant from committing the same act in the future, or deter others who are in similar situations as the defendant from engaging in the same wrongful behavior.
Any person who is injured in California can bring a serious personal injury case under California law. In the case of minors or incompetents, the case must be brought for the minor or incompetent by a parent or guardian appointed by the Court. Pain and suffering is typically the most significant element  of a plaintiff’s damage and it includes emotional distress. Contrary to popular belief, there is no formula for pain and suffering awards and it varies greatly from case to case depending upon the location of the case, the seriousness of the injury and how well the case is presented. Finally, an employer cannot force its employees either to participate in or not to participate in religious activities. The WRFA clarifies that the “undue hardship” defense for religious and disability accommodations requires a more stringent showing on the part of the employer than the federal standard.
However, an employer may ask job applicants if they can perform the essential functions of the job and how they would perform the job duties. Labor Code 1102 LC — Coercion or influence of political activities of employees, endnote 2 above. Note that the political activity of government employees is protected.

Another exception is that a landlord could prohibit children from living in a complex that is designed senior citizen housing. Question topics include Family, Divorce, Custody, Housing, Eviction, Homelessness, Consumer Rights, Financial, Work, Employment, Unemployment, Health and Disability, Civil Rights, Income Maintenance, Juvenile and Education Law. Free legal counseling and representation for low-income members of the Asian and Pacific Islander community in the areas of immigration & naturalization, family law, eviction defense, elder abuse, public benefits, foreclosure defense, and wills & trusts.
It also addresses wrongfully withheld wages, executive contract violations, whistle-blower retaliation, and other employee matters. The law office consists of several seasoned trial lawyers who focus only on employment law. Hall & Lampros, LLP, Attorneys at Law, is a firm that handles employment-related matters in Atlanta. Its lawyers support and represent clients with their claims related to unfair overtime and wage pay, workplace discrimination, abuse, and wrongful termination. They deal with class action suits on job disputes and advocate for whistleblowing workers against employer retaliation.