The state of California has one of the highest unemployment rates in the nation, with about 1 in 10 people unemployed in Los Angeles County.  Unemployment insurance or benefits claims are filed with the California Employment Development Department (EDD), who also determines eligibility and disperses benefits.  At RepresentYou.com, we understand that some individuals simply cannot afford to have their unemployment claim denied.  If your claim for unemployment insurance or benefits has been denied, or if you unemployment benefits have been improperly calculated, it may be in your best interests to find an attorney to assist in appealing your unemployment case.  However, with an abundance of attorneys practicing law in Los Angeles County, finding an attorney who is best fit to handle your specific legal needs can often be a very overwhelming task.  RepresentYou.com is a lawyer referral service that has a panel of attorneys with over 20 years experience handling very sensitive legal issues such as appealing a denied unemployment benefits claim and appealing unemployment benefit award amounts.

Unemployment Benefits Lawyer

Unemployment benefits are financed by taxes paid by employers, which is why employers also have the ability to appeal claims for unemployment insurance or benefits.  If you are an employer who has received notice that a former employee has been granted unemployment benefits, and you believe those benefits have been improperly calculated or awarded to that individual, you may need legal assistance to stop or reduce unemployment benefits from being awarded to that former employee.  RepresentYou.com has a panel of experienced employment attorneys with the ability to assist employers facing an increase in unemployment taxes due to unwarranted claims for unemployment benefits from former employees.

Find an Unemployment Appeals Attorney

The Education Development Department (EDD) allows individuals and employers to challenge their decisions regarding unemployment benefits through an appeals process that involves presenting evidence before an administrative law judge.  The administrative law judge who hears unemployment appeals has the ability to affirm, overturn, or modify the EDD’s initial decision on unemployment awards.  If either an employer or unemployed individual is unsatisfied with the result of the administrative judicial hearing, they can then further appeal to a five-member California Unemployment Insurance Appeals Board (CUIAB).  Unless overturned by the California Superior Court, any decision made by the CUIAB regarding unemployment claims is final.

While it is not required that you be represented by legal counsel when appealing an unemployment claim, the aforementioned process may suggest that appealing an unemployment claim can often be a challenging process with very high stakes.  For example, out of all finals appeals heard before the CUIAB in 2010, only 8.6% of administrative law judge decisions were overturned.  Additionally, time is of the essence if you wish to appeal an unemployment claim, as you only have 20 calendar days from the mailing date of the EDD’s Notice of Determination and/or Ruling to appeal a claim.

Even if you are not sure whether you need an attorney to assist with your unemployment appeal or represent you at your unemployment appeals hearings, RepresentYou.com is still a good place to start.  RepresentYou.com is a State Bar of California certified lawyer referral service that serves Los Angeles County and which has attorneys that specialize in employment related matters such as unemployment appeals.  At RepresentYou.com, we believe success is demonstrated by experience and commitment to ethical guidelines, which is why all of our panel member attorneys are required to have a minimum 20 years experience practicing law, and no disciplinary record with any state bar association.

Types of Unemployment Appeals

If you are currently unemployed, have filed for unemployment benefits, and have been denied unemployment benefits, then you may have the ability to appeal your denied unemployment benefits claim.  There are a variety of reasons unemployment claims are denied in Los Angeles County, which all generally relate to a failure to meet the unemployment eligibility criteria established by the Education Development Department.  In general, individuals are able to receive unemployment benefits if they meet all of the following guidelines:

• Be totally or partially unemployed
• Be unemployed through no fault of your own
• Have received enough wages is a specific 12-month period to establish a claim
• Be physically able to work
• Be ready and willing to immediately accept work
• Be actively looking for employment
• Meet each of the above requirements each week you file a claim to receive benefits

Additionally, you may be able to appeal an unemployment benefits claim even if you have been approved for benefits.  For example, if the EDD has improperly calculated or determined you weekly benefits amount, then you may file an appeal in order to receive the weekly benefit amount which you are entitled to receive.

If you are an employer who has received notice that a former employee has been approved for unemployment benefits, and you believe that the decision to approve or the approved amount of benefits is inaccurate or simply unwarranted, then you may have the ability to appeal an unemployment benefits claim.  For example, employers are not responsible for paying unemployment benefit taxes for employees who either voluntarily left without good cause, or who were terminated for gross misconduct.  Additionally, if one of your former employees has fraudulently reported that their earned wages were higher than their actual earnings, then you may be able to appeal their unemployment claim in order to have their benefits reduced or eliminated.

Cost of Referral to Unemployment Appeals Attorney

At RepresentYou.com we never charge our clients a fee for a referral to an unemployment appeals lawyer or for a referral to any of our competent panel member attorneys.  If you are interested in finding an unemployment appeals attorney, then you can submit your case information 24 hours a day, 7 days a week by calling us toll-free at 1-888-973-7968, or by submitting your information online at RepresentYou.com.  For your convenience, our staff can assist you in English, Spanish, French and Portuguese.

After we review information about your unemployment appeals case, we may then choose to refer you to one of our experienced panel member attorneys at no charge.  While there is no cost for a referral or to file an unemployment appeal with the Education Development Department, the fees charged by our attorneys will vary on a case to case basis.  Depending on the specific circumstances of your unemployment appeals case, RepresentYou.com’s panel member attorneys may be able to take your case at a low-fee or no-fee option.

At RepresentYou.com we understand that the denial of unemployment benefits can have a devastating effect on the financial wellbeing of unemployed individuals and their families.  Additionally, we understand the improper approval of unemployment benefits can have adverse effects on employers.  For these reasons, even if we are unable to refer you to one of our attorneys we may still be able to refer you to a legal aid organization or other resources to assist you with your unemployment appeals claim.

The post Unemployment Appeals appeared first on RepresentYou.com.

RepresentYou.com’s panel member attorneys, including employment lawyers, are held to some of the strictest standards in the industry. Each of the lawyers on our panel has at least 20 years of experience practicing law. In addition, they have no history of disciplinary action with the State Bar of California and carry adequate malpractice insurance to ensure the complete protection of their clients.

Federal Laws Prohibiting Job Discrimination Questions And Answers

Federal Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting Job Discrimination?

• Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
• the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
• the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
• Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
• Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
• Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
• the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

The U.S. Equal Employment Opportunity Commission (EEOC) enforces all of these laws. EEOC also provides oversight and coordination of all federal equal employment opportunity regulations, practices, and policies.

Other federal laws, not enforced by EEOC, also prohibit discrimination and reprisal against federal employees and applicants. The Civil Service Reform Act of 1978 (CSRA) contains a number of prohibitions, known as prohibited personnel practices, which are designed to promote overall fairness in federal personnel actions. 5 U.S.C. 2302. The CSRA prohibits any employee who has authority to take certain personnel actions from discriminating for or against employees or applicants for employment on the bases of race, color, national origin, religion, sex, age or disability. It also provides that certain personnel actions can not be based on attributes or conduct that do not adversely affect employee performance, such as marital status and political affiliation. The Office of Personnel Management (OPM) has interpreted the prohibition of discrimination based on conduct to include discrimination based on sexual orientation. The CSRA also prohibits reprisal against federal employees or applicants for whistle-blowing, or for exercising an appeal, complaint, or grievance right. The CSRA is enforced by both the Office of Special Counsel (OSC) and the Merit Systems Protection Board (MSPB).

Additional information about the enforcement of the CSRA may be found on the OPM web site at http://www.opm.gov/er/address2/guide01.htm; from OSC at (202) 653-7188 or at http://www.osc.gov/; and from MSPB at (202) 653-6772 or at http://www.mspb.gov/ .

Discriminatory Practices

II. What Discriminatory Practices Are Prohibited by These Laws? Under Title VII, the ADA, GINA, and the ADEA, it is illegal to discriminate in any aspect of employment, including:

• hiring and firing;
• compensation, assignment, or classification of employees;
• transfer, promotion, layoff, or recall;
• job advertisements;
• recruitment;
• testing;
• use of company facilities;
• training and apprenticeship programs;
• fringe benefits;
• pay, retirement plans, and disability leave; or
• other terms and conditions of employment.

Discriminatory practices under these laws also include:

• harassment on the basis of race, color, religion, sex, national origin, disability, genetic information, or age;
• retaliation against an individual for filing a charge of discrimination, participating in an investigation, or opposing discriminatory practices;
• employment decisions based on stereotypes or assumptions about the abilities, traits, or performance of individuals of a certain sex, race, age, religion, or ethnic group, or individuals with disabilities, or based on myths or assumptions about an individual’s genetic information; and
• denying employment opportunities to a person because of marriage to, or association with, an individual of a particular race, religion, national origin, or an individual with a disability. Title VII also prohibits discrimination because of participation in schools or places of worship associated with a particular racial, ethnic, or religious group.

Employers are required to post notices to all employees advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

Note: Many states and municipalities also have enacted protections against discrimination and harassment based on sexual orientation, status as a parent, marital status and political affiliation. For information, please contact the EEOC District Office nearest you.

III. What Other Practices Are Discriminatory Under These Laws?

Title VII

Title VII prohibits not only intentional discrimination, but also practices that have the effect of discriminating against individuals because of their race, color, national origin, religion, or sex.

National Origin Discrimination

• It is illegal to discriminate against an individual because of birthplace, ancestry, culture, or linguistic characteristics common to a specific ethnic group.
• A rule requiring that employees speak only English on the job may violate Title VII unless an employer shows that the requirement is necessary for conducting business. If the employer believes such a rule is necessary, employees must be informed when English is required and the consequences for violating the rule.

The Immigration Reform and Control Act (IRCA) of 1986 requires employers to assure that employees hired are legally authorized to work in the U.S. However, an employer who requests employment verification only for individuals of a particular national origin, or individuals who appear to be or sound foreign, may violate both Title VII and IRCA; verification must be obtained from all applicants and employees. Employers who impose citizenship requirements or give preferences to U.S. citizens in hiring or employment opportunities also may violate IRCA.

Additional information about IRCA may be obtained from the Office of Special Counsel for Immigration-Related Unfair Employment Practices at 1-800-255-7688 (voice), 1-800-237-2515 (TTY for employees/applicants) or 1-800-362-2735 (TTY for employers) or at http://www.usdoj.gov/crt/osc.

Religious Accommodation

• An employer is required to reasonably accommodate the religious belief of an employee or prospective employee, unless doing so would impose an undue hardship.

Sex Discrimination

Title VII’s broad prohibitions against sex discrimination specifically cover:

• Sexual Harassment – This includes practices ranging from direct requests for sexual favors to workplace conditions that create a hostile environment for persons of either gender, including same sex harassment. (The “hostile environment” standard also applies to harassment on the bases of race, color, national origin, religion, age, and disability.)
• Pregnancy Based Discrimination – Pregnancy, childbirth, and related medical conditions must be treated in the same way as other temporary illnesses or conditions.

Additional rights are available to parents and others under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. For information on the FMLA, or to file an FMLA complaint, individuals should contact the nearest office of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor. The Wage and Hour Division is listed in most telephone directories under U.S. Government, Department of Labor or at http://www.dol.gov/esa/public/whd_org.htm.

Age Discrimination in Employment Act

The ADEA’s broad ban against age discrimination also specifically prohibits:

• statements or specifications in job notices or advertisements of age preference and limitations. An age limit may only be specified in the rare circumstance where age has been proven to be a bona fide occupational qualification (BFOQ);
• discrimination on the basis of age by apprenticeship programs, including joint labor-management apprenticeship programs; and
• denial of benefits to older employees. An employer may reduce benefits based on age only if the cost of providing the reduced benefits to older workers is the same as the cost of providing benefits to younger workers.

Equal Pay Act

The EPA prohibits discrimination on the basis of sex in the payment of wages or benefits, where men and women perform work of similar skill, effort, and responsibility for the same employer under similar working conditions.

Note that:

• Employers may not reduce wages of either sex to equalize pay between men and women.
• A violation of the EPA may occur where a different wage was/is paid to a person who worked in the same job before or after an employee of the opposite sex.
• A violation may also occur where a labor union causes the employer to violate the law.

Titles I and V of the Americans with Disabilities Act, as amended

The ADA prohibits discrimination on the basis of disability in all employment practices. It is necessary to understand several important ADA definitions to know who is protected by the law and what constitutes illegal discrimination:

Individual with a Disability

An individual with a disability under the ADA is a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such impairment, or is regarded as having a disability. An entity subject to the ADA regards someone as having a disability when it takes an action prohibited by the ADA based on an actual or perceived impairment, except if the impairment is both transitory (lasting or expected to last six months or less) and minor. Major life activities are basic activities that most people in the general population can perform with little or no difficulty such as walking, breathing, seeing, hearing, speaking, learning, thinking, and eating. Major life activities also include the operation of a major bodily function, such as functions of the immune system normal cell growth, brain, neurological, and endocrine functions.

“Qualified”

An individual with a disability is “qualified” if he or she satisfies skill, experience, education, and other job-related requirements of the position held or desired, and who, with or without reasonable accommodation, can perform the essential functions of that position.

Reasonable Accommodation

Reasonable accommodation may include, but is not limited to, making existing facilities used by employees readily accessible to and usable by persons with disabilities; job restructuring; modification of work schedules; providing additional unpaid leave; reassignment to a vacant position; acquiring or modifying equipment or devices; adjusting or modifying examinations, training materials, or policies; and providing qualified readers or interpreters. Reasonable accommodation may be necessary to apply for a job, to perform job functions, or to enjoy the benefits and privileges of employment that are enjoyed by people without disabilities. An employer is not required to lower production standards to make an accommodation. An employer generally is not obligated to provide personal use items such as eyeglasses or hearing aids. A person who only meets the “regarded as” definition of disability is not entitled to receive a reasonable accommodation.

Undue Hardship

An employer is required to make a reasonable accommodation to a qualified individual with a disability unless doing so would impose an undue hardship on the operation of the employer’s business. Undue hardship means an action that requires significant difficulty or expense when considered in relation to factors such as a business’ size, financial resources, and the nature and structure of its operation.

Prohibited Inquiries and Examinations

Before making an offer of employment, an employer may not ask job applicants about the existence, nature, or severity of a disability. Applicants may be asked about their ability to perform job functions. A job offer may be conditioned on the results of a medical examination, but only if the examination is required for all entering employees in the same job category. Medical examinations of employees must be job-related and consistent with business necessity.

Drug and Alcohol Use

Employees and applicants currently engaging in the illegal use of drugs are not protected by the ADA when an employer acts on the basis of such use. Tests for illegal use of drugs are not considered medical examinations and, therefore, are not subject to the ADA’s restrictions on medical examinations. Employers may hold individuals who are illegally using drugs and individuals with alcoholism to the same standards of performance as other employees.

The Civil Rights Act of 1991

The Civil Rights Act of 1991 made major changes in the federal laws against employment discrimination enforced by EEOC. Enacted in part to reverse several Supreme Court decisions that limited the rights of persons protected by these laws, the Act also provides additional protections. The Act authorizes compensatory and punitive damages in cases of intentional discrimination, and provides for obtaining attorneys’ fees and the possibility of jury trials. It also directs the EEOC to expand its technical assistance and outreach activities.

Title II of the Genetic Information Nondiscrimination Act of 2008

GINA prohibits discrimination against applicants, employees, and former employees on the basis of genetic information. This includes a prohibition on the use of genetic information in all employment decisions; restrictions on the ability of employers and other covered entities to request or to acquire genetic information, with limited exceptions; and a requirement to maintain the confidentiality of any genetic information acquired, with limited exceptions.

Employers And Other Entities Covered By EEO Laws

IV. Which Employers and Other Entities Are Covered by These Laws?

Title VII, the ADA, and GINA cover all private employers, state and local governments, and education institutions that employ 15 or more individuals. These laws also cover private and public employment agencies, labor organizations, and joint labor management committees controlling apprenticeship and training.

The ADEA covers all private employers with 20 or more employees, state and local governments (including school districts), employment agencies and labor organizations.

The EPA covers all employers who are covered by the Federal Wage and Hour Law (the Fair Labor Standards Act). Virtually all employers are subject to the provisions of this Act.

Title VII, the ADEA, GINA, and the EPA also cover the federal government. In addition, the federal government is covered by Sections 501 and 505 of the Rehabilitation Act of 1973, as amended, which incorporate the requirements of the ADA. However, different procedures are used for processing complaints of federal discrimination. For more information on how to file a complaint of federal discrimination, contact the EEO office of the federal agency where the alleged discrimination occurred.

The CSRA (not enforced by EEOC) covers most federal agency employees except employees of a government corporation, the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Security Agency, and as determined by the President, any executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities, or the General Accounting Office.

The EEOC’S Charge Processing Procedures

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

V. Who Can File a Charge of Discrimination?

• Any individual who believes that his or her employment rights have been violated may file a charge of discrimination with EEOC.
• In addition, an individual, organization, or agency may file a charge on behalf of another person in order to protect the aggrieved person’s identity.

VI. How Is a Charge of Discrimination Filed?

• A charge may be filed by mail or in person at the nearest EEOC office. Individuals may consult their local telephone directory (U.S. Government listing) or call 1-800-669-4000 (voice) or 1-800-669-6820 (TTY) to contact the nearest EEOC office for more information on specific procedures for filing a charge.
• Individuals who need an accommodation in order to file a charge (e.g., sign language interpreter, print materials in an accessible format) should inform the EEOC field office so appropriate arrangements can be made.
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

VII. What Information Must Be Provided to File a Charge?

• The complaining party’s name, address, and telephone number;
• The name, address, and telephone number of the respondent employer, employment agency, or union that is alleged to have discriminated, and number of employees (or union members), if known;
• A short description of the alleged violation (the event that caused the complaining party to believe that his or her rights were violated); and
• The date(s) of the alleged violation(s).
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

VIII. What Are the Time Limits for Filing a Charge of Discrimination?

All laws enforced by EEOC, except the Equal Pay Act, require filing a charge with EEOC before a private lawsuit may be filed in court. There are strict time limits within which charges must be filed:

• A charge must be filed with EEOC within 180 days from the date of the alleged violation, in order to protect the charging party’s rights.
• This 180-day filing deadline is extended to 300 days if the charge also is covered by a state or local anti-discrimination law. For ADEA charges, only state laws extend the filing limit to 300 days.
• These time limits do not apply to claims under the Equal Pay Act, because under that Act persons do not have to first file a charge with EEOC in order to have the right to go to court. However, since many EPA claims also raise Title VII sex discrimination issues, it may be advisable to file charges under both laws within the time limits indicated.
• To protect legal rights, it is always best to contact EEOC promptly when discrimination is suspected.
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

IX. What Agency Handles a Charge that is also Covered by State or Local Law?

Many states and localities have anti-discrimination laws and agencies responsible for enforcing those laws. EEOC refers to these agencies as “Fair Employment Practices Agencies (FEPAs).” Through the use of “work sharing agreements,” EEOC and the FEPAs avoid duplication of effort while at the same time ensuring that a charging party’s rights are protected under both federal and state law.

• If a charge is filed with a FEPA and is also covered by federal law, the FEPA “dual files” the charge with EEOC to protect federal rights. The charge usually will be retained by the FEPA for handling.
• If a charge is filed with EEOC and also is covered by state or local law, EEOC “dual files” the charge with the state or local FEPA, but ordinarily retains the charge for handling.

X. What Happens after a Charge is Filed with EEOC?

The employer is notified that the charge has been filed. From this point there are a number of ways a charge may be handled:

• A charge may be assigned for priority investigation if the initial facts appear to support a violation of law. When the evidence is less strong, the charge may be assigned for follow up investigation to determine whether it is likely that a violation has occurred.
• EEOC can seek to settle a charge at any stage of the investigation if the charging party and the employer express an interest in doing so. If settlement efforts are not successful, the investigation continues.
• In investigating a charge, EEOC may make written requests for information, interview people, review documents, and, as needed, visit the facility where the alleged discrimination occurred. When the investigation is complete, EEOC will discuss the evidence with the charging party or employer, as appropriate.
• The charge may be selected for EEOC’s mediation program if both the charging party and the employer express an interest in this option. Mediation is offered as an alternative to a lengthy investigation. Participation in the mediation program is confidential, voluntary, and requires consent from both charging party and employer. If mediation is unsuccessful, the charge is returned for investigation.
• A charge may be dismissed at any point if, in the agency’s best judgment, further investigation will not establish a violation of the law. A charge may be dismissed at the time it is filed, if an initial in-depth interview does not produce evidence to support the claim. When a charge is dismissed, a notice is issued in accordance with the law which gives the charging party 90 days in which to file a lawsuit on his or her own behalf.
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XI. How Does EEOC Resolve Discrimination Charges?

• If the evidence obtained in an investigation does not establish that discrimination occurred, this will be explained to the charging party. A required notice is then issued, closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf.
• If the evidence establishes that discrimination has occurred, the employer and the charging party will be informed of this in a letter of determination that explains the finding. EEOC will then attempt conciliation with the employer to develop a remedy for the discrimination.
• If the case is successfully conciliated, or if a case has earlier been successfully mediated or settled, neither EEOC nor the charging party may go to court unless the conciliation, mediation, or settlement agreement is not honored.
• If EEOC is unable to successfully conciliate the case, the agency will decide whether to bring suit in federal court. If EEOC decides not to sue, it will issue a notice closing the case and giving the charging party 90 days in which to file a lawsuit on his or her own behalf. In Title VII and ADA cases against state or local governments, the Department of Justice takes these actions.
• Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XII. When Can an Individual File an Employment Discrimination Lawsuit in Court?

A charging party may file a lawsuit within 90 days after receiving a notice of a “right to sue” from EEOC, as stated above. Under Title VII, the ADA, and GINA, a charging party also can request a notice of “right to sue” from EEOC 180 days after the charge was first filed with the Commission, and may then bring suit within 90 days after receiving this notice. Under the ADEA, a suit may be filed at any time 60 days after filing a charge with EEOC, but not later than 90 days after EEOC gives notice that it has completed action on the charge.

Under the EPA, a lawsuit must be filed within two years (three years for willful violations) of the discriminatory act, which in most cases is payment of a discriminatory lower wage.

Federal employees or applicants for employment should see the fact sheet about Federal Sector Equal Employment Opportunity Complaint Processing.

XIII. What Remedies Are Available When Discrimination Is Found?

The “relief” or remedies available for employment discrimination, whether caused by intentional acts or by practices that have a discriminatory effect, may include:

• back pay,
• hiring,
• promotion,
• reinstatement,
• front pay,
• reasonable accommodation, or
• other actions that will make an individual “whole” (in the condition s/he would have been but for the discrimination).

Remedies also may include payment of:

• attorneys’ fees,
• expert witness fees, and
• court costs.

Under most EEOC-enforced laws, compensatory and punitive damages also may be available where intentional discrimination is found. Damages may be available to compensate for actual monetary losses, for future monetary losses, and for mental anguish and inconvenience. Punitive damages also may be available if an employer acted with malice or reckless indifference. Punitive damages are not available against the federal, state or local governments.

In cases concerning reasonable accommodation under the ADA, compensatory or punitive damages may not be awarded to the charging party if an employer can demonstrate that “good faith” efforts were made to provide reasonable accommodation.

An employer may be required to post notices to all employees addressing the violations of a specific charge and advising them of their rights under the laws EEOC enforces and their right to be free from retaliation. Such notices must be accessible, as needed, to persons with visual or other disabilities that affect reading.

The employer also may be required to take corrective or preventive actions to cure the source of the identified discrimination and minimize the chance of its recurrence, as well as discontinue the specific discriminatory practices involved in the case.

http://www.eeoc.gov/facts/qanda.html

RepresentYou.com is a State Bar of California certified lawyer referral service and, as such, takes the referral process very seriously.  Our panel member attorneys, including the employment lawyers, must meet a strict set of standards.  These standards ensure that our clients are only referred to competent and experienced legal professionals.  In addition to these standards, each lawyer on our panel is reviewed by client surveys and we take any and all complaints very seriously.

RepresentYou.com also holds our employment law lawyers to an extremely high standard to ensure you receive the highest quality of attorney in the area of employment law. All panel member attorneys have a minimum of 20 years practicing law, malpractice insurance, and no record of disciplinary action with the State Bar of California or any other bar association.

We are available 24 hours a day, 7 days a week so please do not hesitate to contact us with your employment law matter today. We offer lawyers who handle unpaid wages, overtime and commissions, lawyers who handle wrongful termination, discrimination lawyers, disability discrimination attorneys, sexual harassment lawyers, and whistleblower retaliation attorneys.

The RepresentYou.com staff can assist you in English, Spanish, French, and Portuguese.  You can submit your case online or call toll-free at 1-888-973-7968.

The post EEO Federal Laws Prohibiting Job Discrimination appeared first on RepresentYou.com.

Wrongful Termination Lawyers RepresentYou.com is certified by the State Bar of California to help you find a employment lawyer.  Our panel of attorneys includes a number of employment lawyers who have dedicated their careers to defending people who have faced injustice in the work place.  Further, the RepresentYou.com staff is trained to connect you with the best possible panel member for your particular case.  In other words, if you are the victim of a wrongful termination we can put you in touch with an employment attorney who specializes in wrongful termination.

At-Will Employment and Wrongful Termination

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Instances of unlawful activity in the work place can be detrimental to a companies reputation and success.  As a result, many companies will go to great lengths to fight unpaid wages, discrimination and wrongful termination matters.  Bearing this in mind, if you believe you are a victim of any illegal activity in the workplace it is important to enlist the help of an experienced and knowledgeable employment lawyer.

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Civil Code 12940 Disability Discrimination

A physical disability may include, but is not limited to, any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that both affects one or more body systems and limits an individual’s ability to participate in major life activities. Mental disabilities include any mental or psychological disorder, which includes, but is not limited to, the following: mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition may include any health impairment related to or associated with a diagnosis of cancer, whereby a person was either rehabilitated or cured based on medical evidence.

It seems important to note that, in states such as California, any mental or physical disability need only present a limitation on a major life expectancy such as working. However, California’s law does not require, as does the Americans With Disabilities Act of 1990, a substantial limitation. The purpose of this distinction is to offer broader coverage under California law than under federal law. Moreover, under California law, working is expressly stated to be a “major life activity” regardless of whether the working limitation relates to a particular employment or a class. The main take away is that even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act, even if it does not necessarily qualify under federal law.

In most cases involving disability discrimination an employer or entity will be held legally liable for discriminatory actions committed by its supervisors, managers, or other agents. Although, an employer or entity cannot be legally liable for disability discrimination in situations where, because of a person’s disability, he or she cannot perform the essential duties of a position even with reasonable accommodations, or he or she cannot perform the duties of a position in a way that would not endanger his or her own health or safety or the safety of others.

 Civil Code 12940 (a)(b)(c)(d)(e)(f)(g)(h)(i)(j)

12940.  It is an unlawful employment practice, unless based upon a
bona fide occupational qualification, or, except where based upon
applicable security regulations established by the United States or
the State of California:
   (a) For an employer, because of the race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, genetic information, marital status, sex, gender,
gender identity, gender expression, age, or sexual orientation of any
person, to refuse to hire or employ the person or to refuse to
select the person for a training program leading to employment, or to
bar or to discharge the person from employment or from a training
program leading to employment, or to discriminate against the person
in compensation or in terms, conditions, or privileges of employment.
   (1) This part does not prohibit an employer from refusing to hire
or discharging an employee with a physical or mental disability, or
subject an employer to any legal liability resulting from the refusal
to employ or the discharge of an employee with a physical or mental
disability, where the employee, because of his or her physical or
mental disability, is unable to perform his or her essential duties
even with reasonable accommodations, or cannot perform those duties
in a manner that would not endanger his or her health or safety or
the health or safety of others even with reasonable accommodations.

 (b) For a labor organization, because of the race, religious
creed, color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation of any person, to exclude, expel, or restrict from its
membership the person, or to provide only second-class or segregated
membership or to discriminate against any person because of the race,
religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation of the person in the election
of officers of the labor organization or in the selection of the
labor organization's staff or to discriminate in any way against any
of its members or against any employer or against any person employed
by an employer.
   (c) For any person to discriminate against any person in the
selection or training of that person in any apprenticeship training
program or any other training program leading to employment because
of the race, religious creed, color, national origin, ancestry,
physical disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation of the person discriminated
against.
   (d) For any employer or employment agency to print or circulate or
cause to be printed or circulated any publication, or to make any
non-job-related inquiry of an employee or applicant, either verbal or
through use of an application form, that expresses, directly or
indirectly, any limitation, specification, or discrimination as to
race, religious creed, color, national origin, ancestry, physical
disability, mental disability, medical condition, genetic
information, marital status, sex, gender, gender identity, gender
expression, age, or sexual orientation, or any intent to make any
such limitation, specification, or discrimination. This part does not
prohibit an employer or employment agency from inquiring into the
age of an applicant, or from specifying age limitations, where the
law compels or provides for that action.
   (e) (1) Except as provided in paragraph (2) or (3), for any
employer or employment agency to require any medical or psychological
examination of an applicant, to make any medical or psychological
inquiry of an applicant, to make any inquiry whether an applicant has
a mental disability or physical disability or medical condition, or
to make any inquiry regarding the nature or severity of a physical
disability, mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may inquire into the ability of an applicant to perform
job-related functions and may respond to an applicant's request for
reasonable accommodation.
   (3) Notwithstanding paragraph (1), an employer or employment
agency may require a medical or psychological examination or make a
medical or psychological inquiry of a job applicant after an
employment offer has been made but prior to the commencement of
employment duties, provided that the examination or inquiry is job
related and consistent with business necessity and that all entering
employees in the same job classification are subject to the same
examination or inquiry.
   (f) (1) Except as provided in paragraph (2), for any employer or
employment agency to require any medical or psychological examination
of an employee, to make any medical or psychological inquiry of an
employee, to make any inquiry whether an employee has a mental
disability, physical disability, or medical condition, or to make any
inquiry regarding the nature or severity of a physical disability,
mental disability, or medical condition.
   (2) Notwithstanding paragraph (1), an employer or employment
agency may require any examinations or inquiries that it can show to
be job related and consistent with business necessity. An employer or
employment agency may conduct voluntary medical examinations,
including voluntary medical histories, which are part of an employee
health program available to employees at that worksite.
   (g) For any employer, labor organization, or employment agency to
harass, discharge, expel, or otherwise discriminate against any
person because the person has made a report pursuant to Section
11161.8 of the Penal Code that prohibits retaliation against hospital
employees who report suspected patient abuse by health facilities or
community care facilities.
   (h) For any employer, labor organization, employment agency, or
person to discharge, expel, or otherwise discriminate against any
person because the person has opposed any practices forbidden under
this part or because the person has filed a complaint, testified, or
assisted in any proceeding under this part.
   (i) For any person to aid, abet, incite, compel, or coerce the
doing of any of the acts forbidden under this part, or to attempt to
do so.
   (j) (1) For an employer, labor organization, employment agency,
apprenticeship training program or any training program leading to
employment, or any other person, because of race, religious creed,
color, national origin, ancestry, physical disability, mental
disability, medical condition, genetic information, marital status,
sex, gender, gender identity, gender expression, age, or sexual
orientation, to harass an employee, an applicant, or a person
providing services pursuant to a contract. Harassment of an employee,
an applicant, or a person providing services pursuant to a contract
by an employee, other than an agent or supervisor, shall be unlawful
if the entity, or its agents or supervisors, knows or should have
known of this conduct and fails to take immediate and appropriate
corrective action. An employer may also be responsible for the acts
of nonemployees, with respect to sexual harassment of employees,
applicants, or persons providing services pursuant to a contract in
the workplace, where the employer, or its agents or supervisors,
knows or should have known of the conduct and fails to take immediate
and appropriate corrective action. In reviewing cases involving the
acts of nonemployees, the extent of the employer's control and any
other legal responsibility which the employer may have with respect
to the conduct of those nonemployees shall be considered. An entity
shall take all reasonable steps to prevent harassment from occurring.
Loss of tangible job benefits shall not be necessary in order to
establish harassment.

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=gov&group=12001-13000&file=12940-12951

Workplace Disability Discrimination Process

For disability discrimination cases, the type and amount of remedies one may be able to recover will almost always depend on the available evidence introduced by one’s employment law attorney, the type of legal proceedings involved in the case, and the specific relief one has been granted. Depending on the specific factors involved in a particular case, a disability discrimination claim may be filed in civil court and may proceed all the way to trial, while in other situations a case may be resolved through a process known as mediation, where a mediator brings the parties together to settle the dispute.

In many cases involving disability discrimination, the claim will be subject to a legal proceeding known as arbitration rather than to a jury trial, as an individual’s employment agreement with his or her employer may designate mediation as the exclusive type of proceeding in the case. Arbitration is often meant to favor the employer rather than the employee in disability discrimination cases, and the awards for arbitration cases are usually considerably lower than what the claimant would recover in a jury trial.

Since a majority of disability discrimination cases are violations of the California Fair Employment and Housing Act (FEHA), the injured party can often file a claim pursuant to this act by filing what is known as a Complaint of Discrimination with the Department of Fair Employment and Housing (DFEH). Although, it can be very beneficial for the injured party to retain a competent employment attorney before contacting the DFEH, as an employment lawyer can prepare an employee’s Complaint as well as provide the Department with a written summary that fully describes the discriminatory conduct. Following the filling of a Complaint of Discrimination, which must be filed within one year from the date of the last discriminatory act, the DFEH will almost always send what is known as a Right-to-Sue Notice to either the employee’s lawyer or directly to the employee. This notice will advise the recipient that he or she has one year from the date stated on the Notice to institute legal proceedings.

The types of remedies one may recover from a disability discrimination cases can include compensatory damages, as well as punitive damages. Damages for present and future emotional distress, present and future loss of earnings, present and future medical expenses such as therapy, consultation and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct are all compensatory damages which may be recoverable in a disability discrimination case. In disability discrimination cases the claimant may also be entitled to punitive damages which are based on the reprehensibility of the offender’s acts, as these damages are awarded to punish the employer for the misconduct and prevent other employers from violating their employees’ rights. These damages can amount to as much as nine times the amount which has been awarded as compensatory damages.

Code California Government Section 12940

As has been pointed out above, this section is commonly referred to as the Fair Employment and Housing Act, which prohibits discrimination based on one’s mental disability, physical disability, and certain medical conditions. After proving an unlawful practice under the Fair Employment and Housing Act, the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay, fringe benefits, and front pay which includes payment meant to offset losses of income to an employee or restoration to a promotion to which he or she has been wrongfully denied. Yet, before a contacting the DFEH or FEHC on his or her own, it is strongly recommended that whenever possible the employee retain a private employment attorney.

Workplace Disability Discrimination Attorney

At RepresentYou.com we understand that disability discrimination is a serious matter than often requires immediate attention. RepresentYou.com is State Bar of California Certified, which allows us to provide a legal referral that can connect individuals with disability discrimination complaints to experienced and ethicalemployment lawyers who can help to resolve claims of disability discrimination. RepresentYou.com’s panel member attorneys are held to very high standards as all of our employment attorneys have a minimum 20 years experience practicing law, have never been disciplined by any bar association, and carry adequate malpractice insurance for client protection.

If you feel that finding legal representation may be necessary for handling your disability discrimination claim you can contact RepresentYou.com 24 hours a day, 7 days a week to speak with one of our representatives about your case. You can contact RepresentYou.com by either calling our toll-free number 1-888-973-7968 or by submitting your information on our website at RepresentYou.com. We also offer staff fluent in English, Spanish, French, and Portuguese.

The post Civil Code 12940 (a)(b)(c)(d)(e)(f)(g)(h)(i)(j) appeared first on RepresentYou.com.

Do I Have a Disability Discrimination Case?

Available evidence introduced by one’s employment disability attorney, the type of legal proceedings involved in the case, and the specific relief one has been granted are all important factors that will help to determine the type and amount of remedies one may be able to recover from a workplace discrimination case .Depending on the specific factors involved in a particular case, a disability discrimination claim may be filed in civil court and may proceed all the way to trial, while in other situations a case may be resolved through a process known as mediation, where a mediator brings the parties together to settle the dispute.

Due to some employment agreements, many claims involving disability discrimination are subject to what is known as arbitration rather than to a jury trial, because the pertinent employment agreement will designate arbitration as the exclusive type of proceeding in the case. Arbitration is often meant to favor the employer rather than the employee in disability discrimination cases, and the awards for arbitration cases are usually considerably lower than what the claimant would recover in a jury trial.

Most disability discrimination cases can be filed pursuant to the California Fair Employment and Housing Act (FEHA), as the injured party in a disability discrimination case will be required to file a “Complaint of Discrimination” with the Department of Fair Employment and Housing (DFEH). However, it is much more beneficial for the injured party to retain a knowledgeable employment lawyer before contacting the DFEH at all, as an attorney can both prepare this Complaint for an employee and provide a summary fully describing the discriminatory conduct. Following the filing of a Complaint of Discrimination, which must be filed within one year from the date of the last discriminatory act, the DFEH will almost always send what is known as a Right-to-Sue Notice to either the employee’s lawyer or directly to the employee. A Right-to-Sue Notice informs the injured party that they have one year from the date listed on the Notice to institute legal proceedings.

In a disability discrimination case an injured party can often recover compensatory damages, while in some cases one may be entitled to additional remedies known as punitive damages. Compensatory damages which may be awarded for disability discrimination claims include damages for present and future emotional distress, present and future medical expenses such as therapy, consultation and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct. In disability discrimination cases the claimant may also be entitled to punitive damages which are based on the reprehensibility of the offender’s acts, as these damages are awarded to punish the employer for the misconduct and prevent other employers from violating their employees’ rights.These damages can amount to as much as nine times the amount which has been awarded as compensatory damages.

Workplace Disability Discrimination Cases

If you or someone you know has a mental disability, physical disability, or medical condition and feel that you have been discriminated against in the workplace or in the employment process because of this disability or condition it might be a good idea to find legal assistance. Yet, there is no shortage of employment attorneys and with all of the legal advertisements claiming competence and promising success it can often be very difficult to locate the right attorney who can best handle your specific legal needs. RepresentYou.com has the resources necessary to help those who may be seeking legal assistance for an employment related claim, such as disability discrimination, as RepresentYou.com is a California State Bar Certified lawyer Referral Service that only makes referrals to employment law attorneys who at least 20 years experience practicing law.

Disability discrimination occurs when an employment practice denies, in whole or in part, an employment benefit to an individual because he or she is an individual with a physical disability, mental disability, or medical condition. Some unlawful employment practices that can constitute disability discrimination include, but are not limited to, at least one of the following: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.

RepresentYou.com also offers assistance in other areas of employment law, as our panel member attorneys have extensive experience handling other types of workplace discrimination, as well as claims such as sexual harassment, wrongful termination and forced to leave work, wrongful termination, intentional infliction of emotional distress, and wages and hours.

If you are in need of an employment attorney to represent you in your disability discrimination case you can contact RepresentYou.com 24 hours a day, 7 days a week. You can contact RepresentYou.com by submitting your information on our website RepresentYou.com or you can call us toll-free at 1-888-973-7968. For your convenience we also have representatives who are fluent in English, Spanish, French, and Portuguese.

California Disability Discrimination Case Law

As has been pointed out above, this section is commonly referred to as the Fair Employment and Housing Act, which prohibits discrimination based on one’s mental disability, physical disability, and certain medical conditions. After proof of unlawful practices under this Act the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay (including fringe benefits) and front pay which includes payment meant to offset losses of income to an employee or restoration to a promotion to which he or she has been wrongfully denied. However, it is strongly recommended that whenever possible, the employee should retain a private employment law attorney before contacting the DFEH or FEHC on his or her own.

Find a Disability Discrimination Attorney

At RepresentYou.com we understand that disability discrimination is a serious matter than often requires immediate attention. RepresentYou.com is a State Bar of California Certified lawyer Referral Service that can connect individuals with workplace disability discrimination complaints to experienced and ethical employment law attorneys who can assist in resolving disability discrimination claims. RepresentYou.com holds its panel member employment lawyers to very high standards, as all of our attorneys have at least 20 years experience practicing law, have never been disciplined by the California Bar Association or any bar association, and carry adequate malpractice insurance for client protection.

The post Do I Have a Disability Discrimination Case? appeared first on RepresentYou.com.

Disability Discrimination Lawsuit

If you or someone you know has been discriminated against in the workplace or in the process of seeking employment, because of a mental disability, physical disability, or medical condition it may be beneficial to find legal representation. Yet, there is no shortage of employment attorneys and with all of the legal advertisements claiming competence and promising success it can often be very difficult to locate the right attorney who can best handle your specific legal needs. As a California State Bar Certified lawyer Referral Service, RepresentYou.com can assist individuals who may be seeking legal representation by connecting those with employment related claims such as disability discrimination lawsuit lawyers to attorneys with a minimum 20 years experience practicing law.

A Disability discrimination lawsuit involves an employment practice that denies, in whole or in part, an individual of an employment benefit, because the employee or applicant is an individual with a physical disability, mental disability, or medical condition. Examples of some of the unlawful employment practices that may result from disability discrimination lawsuit may include, but are not limited to, at least one of the following: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.

Practices include any act, omission, policy or decision that affects an individual’s consideration for employment, training, or employment benefits such as a promotion, raise in compensation, or a bonus. Employment practices, as mentioned above, are required byCalifornia’s Fair Employment and Housing Act to evaluate all individuals equally, and employment considerations are to be based on an individual’s skills, knowledge, and abilities that pertain to a position of employment, rather than on whether or not an individual has a disability or medical condition.

Disability Discrimination Lawsuit

Physical disabilities are those that both affect one or more body systems and limit an individual’s ability to participate in major life activities, as such disabilities may include, but are not limited to, the following: Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss. Mental disabilities include any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition includes any health impairment that is related to or associated with a diagnosis of cancer, which involves circumstances where a person has been rehabilitated or cured, based on medical evidence.

Physical and mental disibilites, in states such as California, require only a limitation on a major life expectancy such as working. This means that, unlike the Americans With Disabilities Act of 1990,California law does not require a substantial limitation. This distinction is intended to and does result in broader coverage under California law than it does under federal law. Further, regardless of whether the working limitation relates to a particular employment or a class, working is, by definition, a major life activity. The main take away is that even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act, even if it does not necessarily qualify under federal law.

In most cases involving a disability discrimination lawsuit an employer or entity will be held legally liable for discriminatory actions committed by its supervisors, managers, or other agents. Yet, in some cases an employer may not be liable for a disability discrimination lawsuit, such as in circumstances where, because of an individual’s disability, he or she cannot either (1) perform the essential duties of a position even with reasonable accommodations, or (2) cannot perform the essential duties of a position in a manner that would not endanger his or her own health or safety or the safety of others.

Workplace Disability Discrimination Lawsuit Process

The  type and amount of remedies one may be able to recover from a disability discrimination lawsuit case will ultimately depend on the following factors: available evidence introduced on one’s behalf by his or her disability discrimination lawsuit attorney, the type of legal proceedings involved in the discrimination case, and the specific relief that has been granted. Depending on the specific case, a disability discrimination lawsuit claim may be handled in civil court and may proceed all the way to trial, while in other cases these claims may be settled through mediation, which involves a mediator bringing the involved parties together to settle the dispute.

In many cases involving disability discrimination lawsuit, the claim will be subject to a legal proceeding known as arbitration rather than to a jury trial, as an individual’s employment agreement with his or her employer may designate mediation as the exclusive type of proceeding in the case. Arbitration is often meant to favor the employer rather than the employee in disability discrimination lawsuit cases, and the awards for arbitration cases are usually considerably lower than what the claimant would recover in a jury trial.

The vast majority of disability discrimination lawsuit cases can be filed pursuant to the California Fair Employment and Housing Act (FEHA), and in this type of proceeding it is required that the injured party file what is known as a Complaint of Discrimination with the Department of Fair Employment and Housing (DFEH). Although, it can be very beneficial for the injured party to retain a competent employment attorney before contacting the DFEH, as an employment lawyer can prepare an employee’s Complaint as well as provide the Department with a written summary that fully describes the discriminatory conduct. Following the filling of a Complaint of Discrimination, which must be filed within one year from the date of the last discriminatory act, the DFEH will almost always send what is known as a Right-to-Sue Notice to either the employee’s lawyer or directly to the employee. A Right-to-Sue Notice will inform the recipient that he or she has one year from the date printed on the Notice to institute legal proceedings.

In a disability discrimination lawsuit case an injured party can often recover compensatory damages, while in some cases one may be entitled to additional remedies known as punitive damages. Compensatory damages which may be awarded for disability discrimination lawsuit claims include damages for present and future emotional distress, present and future medical expenses such as therapy, consultation and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct. In addition to compensatory damages a claimant may also be entitled to punitive damages that are based on the reprehensibility of the offender’s acts. Punitive damages are awarded in order to punish the employer for the misconduct and to deter other employers from violating their employees’ rights. Punitive damages can amount to as much as nine times the amount that has been awarded as compensatory damages.

California Section 12940 & Lawsuits

As has been pointed out above, this section is commonly referred to as the Fair Employment and Housing Act, which prohibits discrimination based on one’s mental disability, physical disability, and certain medical conditions. After proving an unlawful practice under the Fair Employment and Housing Act, the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay, fringe benefits, and front pay which includes payment meant to offset losses of income to an employee or restoration to a promotion to which he or she has been wrongfully denied. Although, it is highly recommended that whenever possible an employee should retain a private employment lawyer before contacting the DFEH or FEHC on his or her own.

Workplace Disability Discrimination Lawsuit Attorney

RepresentYou.com understands that disability discrimination lawsuit is very serious and that such cases often are in need of immediate legal attention. RepresentYou.com is State Bar of California Certified, which allows us to provide a legal referral that can connect individuals with disability discrimination lawsuit complaints to experienced and ethical employment lawyers who can help to resolve claims of disability discrimination lawsuit . All of RepresentYou.com’s panel member employment law attorneysare held to some of the highest standards, as all of our lawyers have a minimum 20 years experience practicing law, have never been disciplined by any bar association, and carry malpractice insurance to protect clients.

RepresentYou.com panel member attorneys also have much experience handling other types of employment claims, such as other types of workplace discrimination, wrongful termination lawyers and forced to resign or quit lawyer, intentional infliction of emotional distress attorneys, sexual harassment attorneys, and wages and hours lawyers.

If you are seeking an employment lawyer to handle your disability discrimination lawsuit claim you can contact RepresentYou.com 24 hours a day, 7 days a week to speak to a representative about your case. You can contact RepresentYou.com by submitting your information on our website RepresentYou.com or you can call us toll-free at 1-888-973-7968. We also offer staff fluent in English, Spanish, French, and Portuguese.

The post Disability Discrimination Lawsuit appeared first on RepresentYou.com.

RepresentYou.com and our representatives understand the serious nature of workplace disability discrimination & harassment and know that these cases often need urgent attention. RepresentYou.com is State Bar of California Certified, which allows us to provide a legal referral that can connect individuals with disability discrimination & harassment complaints to experienced and ethical employment lawyers who can help to resolve claims of disability discrimination & harassment. All of RepresentYou.com’s panel member employment law attorneys are held to some of the highest standards, as all of our lawyers have a minimum 20 years experience practicing law, have never been disciplined by any bar association, and carry malpractice insurance to protect clients.

Workplace Disability Discrimination & Harassment

If you or someone you know has been discriminated against in the workplace or in the process of seeking employment, because of a mental disability, physical disability, or medical condition it may be beneficial to find legal representation. Yet, there is no shortage of employment attorneys and with all of the legal advertisements claiming competence and promising success it can often be very difficult to locate the right attorney who can best handle your specific legal needs. As a California State Bar Certified lawyer Referral Service, RepresentYou.com can assist individuals who may be seeking legal representation by connecting those with employment related claims such as disability discrimination & harassment lawyers to attorneys with a minimum 20 years experience practicing law.

Employment practices include any act, omission, policy or decision that affects an individual’s consideration for employment, training, or employment benefits such as a promotion, raise in compensation, or a bonus. Employment practices, as mentioned above, are required byCalifornia’s Fair Employment and Housing Act to evaluate all individuals equally, and employment considerations are to be based on an individual’s skills, knowledge, and abilities that pertain to a position of employment, rather than on whether or not an individual has a disability or medical condition.

Disability discrimination & harassment occurs when an employment practice denies, in whole or in part, an employment benefit to an individual because he or she is an individual with a physical disability, mental disability, or medical condition. Disability discrimination & harassment can include, but is not limited to, at least one of the following unlawful employment practices: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.

What is Disability Discrimination & Workplace Harassment?

Physical disabilities are those that both affect one or more body system and limit an individual’s ability to participate in major life activities, as such disabilities may include, but are not limited to, the following: Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss. Mental disabilities include any mental or psychological disorder, which includes, but is not limited to, the following: mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition may include any health impairment related to or associated with a diagnosis of cancer, whereby a person was either rehabilitated or cured based on medical evidence.

It is extremely significant that (in states such as California) physical and mental disabilities simply require a “limitation” upon a major life expectancy such as “working”. This means that, unlike the Americans With Disabilities Act of 1990,California law does not require a substantial limitation. This distinction is intended to and does result in broader coverage under California law than it does under federal law. Further, regardless of whether the working limitation relates to a particular employment or a class, working is, by definition, a major life activity. Consequently, even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act.

Most cases involving disability discrimination & harassment will involve an employer or other entity being held legally liable for discriminatory actions that are committed by its supervisors, managers, or other agents. However, employers may not be held liable for disability discrimination & harassment if, because of an individual’s disability, he or she cannot perform the essential duties of a position even with reasonable accommodations, or if he or she cannot perform the essential duties of a position in a manner that would not endanger his or her own safety or health or the safety of others.

Workplace Disability Discrimination & Harassment Process

In the type and amount of remedies one may be able to recover from a disability discrimination & harassment case will ultimately depend on the following factors: available evidence introduced on one’s behalf by his or her disability discrimination & harassment attorney, the type of legal proceedings involved in the discrimination case, and the specific relief that has been granted. Depending on the specific factors involved in a particular case, a disability discrimination & harassment claim may be filed in civil court and may proceed all the way to trial, while in other situations a case may be resolved through a process known as mediation, where a mediator brings the parties together to settle the dispute.

Due to some employment agreements, many claims involving disability discrimination & harassment are subject to what is known as arbitration rather than to a jury trial, because the pertinent employment agreement will designate arbitration as the exclusive type of proceeding in the case. Arbitration is often meant to favor the employer rather than the employee in disability discrimination & harassment cases, and the awards for arbitration cases are usually considerably lower than what the claimant would recover in a jury trial.

Since a majority of disability discrimination & harassment cases are violations of the California Fair Employment and Housing Act (FEHA), the injured party can often file a claim pursuant to this act by filing what is known as a Complaint of Discrimination with the Department of Fair Employment and Housing (DFEH). However, is it much more beneficial for the injured party to retain a knowledgeable employment lawyer before contacting the DFEH at all, as an attorney can both prepare this Complaint for an employee and provide a summary fully describing the discriminatory conduct. A Complaint of Discrimination must be filed within one year from the date of the last discriminatory act, and upon filing this complaint the DFEH will almost always send what is known as a Right-to-Sue Notice to either an employee’s lawyer or directly to the employee. A Right-to-Sue Notice informs the injured party that they have one year from the date listed on the Notice to institute legal proceedings.

Remedies that are recoverable from a disability discrimination & harassment case are usually compensatory damages, punitive damages, or both types of damages.Compensatory damages which may be awarded for disability discrimination & harassment claims include damages for present and future emotional distress, present and future medical expenses such as therapy, consultation and testing, cost of medication, present and future loss of earnings, attorney’s fees and interest from the time of misconduct. The claimant may also be entitled to punitive damages which are based on the reprehensibility of the offender’s acts, as the purpose of these damages is to punish the employer for the misconduct and deter other employers from violating their employees’ rights. Punitive damages can amount to as much as nine times the amount that has been awarded as compensatory damages.

Disability Discrimination & Harassment

It is illegal to harass an applicant or employee because he has a disability, had a disability in the past, or is believed to have a physical or mental impairment that is not transitory (lasting or expected to last six months or less) and minor (even if he does not have such an impairment).

Harassment can include, for example, offensive remarks about a person’s disability. Although the law doesn’t prohibit simple teasing, offhand comments, or isolated incidents that aren’t very serious, harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim’s supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

http://www.eeoc.gov/laws/types/disability.cfm

Disability Discrimination & Harassment Lawyer

RepresentYou.com also offers assistance in other areas of employment law, as our panel member attorneys have extensive experience handling other types of workplace discrimination, as well as claims such as sexual harassment, wrongful termination and forced to leave work, wrongful termination, intentional infliction of emotional distress, and wages and hours disputes.

If you feel that finding legal representation may be necessary for handling your disability discrimination & harassment claim you can contact RepresentYou.com 24 hours a day, 7 days a week to speak with one of our representatives about your case. You can contact RepresentYou.com by submitting your information on our website RepresentYou.com or you can call us toll-free at 1-888-973-7968. For your convenience we also have representatives who are fluent in English, Spanish, French, and Portuguese.

The post Disability Discrimination & Harassment appeared first on RepresentYou.com.

Disability discrimination involves an employment practice that denies, in whole or in part, an individual of an employment benefit, because the employee or applicant is an individual with a physical disability, mental disability, or medical condition. Disability discrimination can include, but is not limited to, at least one of the following unlawful employment practices: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.

A physical disability may include, but is not limited to, any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss that both affects one or more body systems and limits an individual’s ability to participate in major life activities. Mental disabilities include any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. Medical conditions can include any health impairment related to or associated with a diagnosis of cancer, in which an individual has been rehabilitated or cured, based on medical evidence.

It is extremely significant that (in states such as California) physical and mental disabilities simply require a “limitation” upon a major life expectancy such as “working”. This means that, unlike the Americans With Disabilities Act of 1990, California law does not require a substantial limitation. The purpose of this distinction is to offer broader coverage under California law than under federal law. Moreover, under California law, working is expressly stated to be a “major life activity” regardless of whether the working limitation relates to a particular employment or a class. The main take away is that even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act, even if it does not necessarily qualify under federal law.

Most cases involving disability discrimination will involve an employer or other entity being held legally liable for discriminatory actions that are committed by its supervisors, managers, or other agents. Yet, in some cases an employer may not be liable for disability discrimination, such as in circumstances where, because of an individual’s disability, he or she cannot either (1) perform the essential duties of a position even with reasonable accommodations, or (2) cannot perform the essential duties of a position in a manner that would not endanger his or her own health or safety or the safety of others.

California Disability Discrimination Laws

As referenced throughout this article, this section is commonly known as the Fair Employment and Housing Act, which prohibits workplace discrimination based upon mental disability, physical disability, and certain medical conditions. After proving an unlawful practice under the Fair Employment and Housing Act, the Fair Employment and Housing Commission (FEHC) has broad statutory authority to make claimants whole by awarding back pay, fringe benefits, and front pay which includes payment meant to offset losses of income to an employee or restoration to a promotion to which he or she has been wrongfully denied. Although, it is highly recommended that whenever possible an employee should retain a private employment lawyer before contacting the DFEH or FEHC on his or her own.

United States Disability Discrimination Laws

Title VII of the Civil Rights Act of 1964 (Title VII)
This law makes it illegal to discriminate against someone on the basis of race, color, religion, national origin, or sex. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate applicants’ and employees’ sincerely held religious practices, unless doing so would impose an undue hardship on the operation of the employer’s business.

• The Pregnancy Discrimination Act
  This law amended Title VII to make it illegal to discriminate against a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Equal Pay Act of 1963 (EPA)
This law makes it illegal to pay different wages to men and women if they perform equal work in the same workplace. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

The Age Discrimination in Employment Act of 1967 (ADEA)
This law protects people who are 40 or older from discrimination because of age. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

Title I of the Americans with Disabilities Act of 1990 (ADA)
This law makes it illegal to discriminate against a qualified person with a disability in the private sector and in state and local governments. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.

Sections 102 and 103 of the Civil Rights Act of 1991
Among other things, this law amends Title VII and the ADA to permit jury trials and compensatory and punitive damage awards in intentional discrimination cases.

Sections 501 and 505 of the Rehabilitation Act of 1973
This law makes it illegal to discriminate against a qualified person with a disability in the federal government. The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit. The law also requires that employers reasonably accommodate the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, unless doing so would impose an undue hardship on the operation of the employer’s business.

The Genetic Information Nondiscrimination Act of 2008 (GINA)

Effective -  November 21, 2009.

This law makes it illegal to discriminate against employees or applicants because of genetic information. Genetic information includes information about an individual’s genetic tests and the genetic tests of an individual’s family members, as well as information about any disease, disorder or condition of an individual’s family members (i.e. an individual’s family medical history). The law also makes it illegal to retaliate against a person because the person complained about discrimination, filed a charge of discrimination, or participated in an employment discrimination investigation or lawsuit.

http://www.eeoc.gov/laws/statutes/index.cfm

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Employment practices are considered to be any act, omission, policy or decision affecting an individual’s consideration for employment, training, or employment benefits, such as a promotion, raise in compensation, or a bonus. Employment practices, as mentioned above, are required by California’s Fair Employment and Housing Act to evaluate all individuals equally, and employment considerations are to be based on an individual’s skills, knowledge, and abilities that pertain to a position of employment, rather than on whether or not an individual has a disability or medical condition.

The law forbids discrimination when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other term or condition of employment.If you or someone you know has been discriminated against because of a mental disability, physical disability, or medical condition, and such discrimination has occurred in the workplace or in the process of seeking employment it may be in your best interest to seek legal representation. Although, due to numerous legal advertisements of attorneys claiming competence and promising success it can often be difficult to locate an employment law attorney who is best suited to handle your specific legal needs. As a California State Bar Certified lawyer Referral Service, RepresentYou.com can assist individuals who may be seeking legal representation by connecting those with employment related claims such as disability discrimination lawyers to attorneys with a minimum 20 years experience practicing law.

Disability discrimination is an employment practice that denies, in whole or in part, an employment benefit to an individual because of his or her physical disability,mental disability, or medical condition. Examples of some of the unlawful employment practices that may result from disability discrimination may include, but are not limited to, at least one of the following: refusing to hire or employ, refusing to select a person for training leading to employment, discharging from employment or from a training program leading to employment, or discriminating in compensation or in the terms, conditions, or privileges or employment.

What Are Disability Discrimination in Work Situations?

In most cases involving disability discrimination an employer or entity will be held legally liable for discriminatory actions committed by its supervisors, managers, or other agents. However, employers may not be held liable for disability discrimination if, because of an individual’s disability, he or she cannot perform the essential duties of a position even with reasonable accommodations, or if he or she cannot perform the essential duties of a position in a manner that would not endanger his or her own safety or health or the safety of others.

Physical disabilities may include, but are not limited to, the following: Any physiological disease, disorder, condition, cosmetic disfigurement, or anatomical loss. Physical disabilities are defined as those that both (1) affect one or more body system, and (2) limit an individual’s ability to participate in major life activities.Mental disabilities include any mental or psychological disorders, such as mental retardation, organic brain syndrome, emotional or mental illness, and certain learning disabilities. A medical condition includes any health impairment that is related to or associated with a diagnosis of cancer, which involves circumstances where a person has been rehabilitated or cured, based on medical evidence.

It seems important to note that, in states such as California, any mental or physical disability need only present a limitation on a major life expectancy such as working. This means that, unlike the Americans With Disabilities Act of 1990, California law does not require a substantial limitation. This distinction is intended to and does result in broader coverage under California law than it does under federal law. Further, regardless of whether the working limitation relates to a particular employment or a class, working is, by definition, a major life activity. The main take away is that even a minor or temporary work limitation will qualify for protection under the Fair Employment and Housing Act, even if it does not necessarily qualify under federal law.

Disability Discrimination Attorney

RepresentYou.com understands that disability discrimination is very serious and that such cases often are in need of immediate legal attention. RepresentYou.com is a State Bar of California Certified lawyer Referral Service that can connect you to experienced and ethical employment law attorneys who can assist you in every step along the way to resolving your employment disability discrimination case. RepresentYou.com holds its panel member employment lawyers to very high standards, as all of our attorneys have at least 20 years experience practicing law, have never been disciplined by the California Bar Association or any bar association, and carry adequate malpractice insurance for client protection.

RepresentYou.com’s panel member attorneys also have extensive experience in other areas of employment law, such as sexual harassment lawyers,intentional infliction of emotional distress lawyers, other types of workplace discrimination, wrongful termination attorneys and wrongful constructive termination lawyers, and wages and hours attorneys.

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