California law provides some of the strongest workplace protections in the entire United States. Employees have specific legal rights in the workplace, and when these rights are violated, they have the right to enforce them. Unfortunately, many employees do not know that they are allowed to enforce their legal rights. Some even turn to their company’s legal team or HR department for advice about their legal rights. These departments are there to help the company protect itself from legal claims. You need to get independent legal advice from an attorney who is on your side.
Olivier & Schreiber is a Bay Area employment law firm with attorneys who are experienced in many different areas of employment law. Here are just some of the many types of cases we handle:
Both California law and the Civil Rights Act of 1964 prohibit discrimination in employment on the basis of race, color, religion, sex (gender), and national origin, among other factors. Discrimination can occur in many different ways at all stages of employment – including hiring and firing. Any time the “terms and conditions” of your employment are affected because of your membership in one of these protected classes, you are experiencing illegal employment discrimination.
Case law has expanded and clarified the definition of discrimination over the years. For example, “gender discrimination” has been expanded to include all instances of pregnancy discrimination. California has also expanded its gender discrimination statutes to include a wide range of protections for gender identity and expression. Here in California, employees are protected from many different types of employment discrimination.
One of the most common forms of workplace harassment is sexual harassment. Because sexual harassment is based upon the victim’s gender, it is a form of prohibited gender discrimination in the workplace. Federal law has expanded the definition of “gender discrimination” to include discrimination based on sexual orientation. California has expanded the definition to further include discrimination based on gender identity and expression.
Though sexual harassment is the most common type of harassment, it is not the only kind that is prohibited by law. Harassment that is based on race, color, religion, national origin, or another protected characteristic is also a prohibited form of discrimination. You have the legal right to be free from racial or religious discrimination in the workplace. Employers who allow such harassment to continue can be held liable – even if a specific harasser’s conduct was not sanctioned by the company.
A common type of employment claim involves wage and hour violations. In order to cut costs and reduce payroll as much as possible, some employers try to get out of paying employees what they are owed. There are many ways employers try to get away with this. Employees might be required to work overtime without receiving the required overtime pay. Some employers have mandatory events or training that are not paid for – even though employees are required to attend. If you have any questions about what you are lawfully owed, you need to ask your own attorney – not someone who works for the company.
The Bay Area employment law firm of Olivier & Schreiber works hard to protect California employees. Call (415) 484-0980 or visit our website to schedule your consultation.
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