We live in a new world, where technology has changed so many aspects of how we work. Technology and social networks have made immediate contact possible between every employee and their supervisors, creating massive economies of scale.
But they have made instant surveillance possible, too, and never has it been harder to work without feeling the effects of sexual harassment and discrimination. We understand this new technical landscape, and the often subtle ways workers can be mistreated.
Our client base includes employees at some of the world’s biggest and most sophisticated companies and ranges from C suite executives and engineers to senior scientists and program managers. We have handled brick-and-mortar employment claims as well, representing nurses and security guards, to sales representatives and professors. Reach out to begin working with a Berkeley employment lawyer today.
Sexual harassment, discrimination, and hostile work environments are both illegal. In stride with Federal laws, California has established powerful laws through its Fair Employment & Housing Act (FEHA). Local city employment laws may provide even further protection for their citizens by preventing employers from engaging in height/weight screenings or other similar measures that discriminate against certain groups without cause.
We understand the complexities of the modern workplace, and the increasing need for employees to understand the nature of their rights, even as the nature of our work changes. We are here for your call.
If you believe you are the victim of employment discrimination or harassment in the San Francisco Bay Area, contact our employment law office. We are available for a free consultation to review your file and counsel you as to your options.
The United States Equal Opportunity Commission (EEOC) oversees the enforcement of federal anti-discrimination laws. The California Department of Fair Employment and Housing (DFEH) is responsible for enforcing state laws. These laws apply to discrimination in every aspect of employment including hiring, job advertising, recruitment, referrals, job assignments, and promotions, pay and benefits, discipline and termination, accommodations for disabilities and religious activities, training, internships, conditions of employment, dress code, and other employment-related activities.
In California, it is illegal for employers to discriminate based on:
State regulations also prohibit sexual harassment, including gender-based harassment of a person of the same gender as the harasser. The California DFEH definition of sexual harassment as “unwanted sexual advances or visual, verbal or physical conduct of a sexual nature” including:
These behaviors are all disrespectful and illegal. They create a hostile work environment and should never be minimized. If you are the victim of sexual harassment or discrimination in your workplace, it is important to contact an experienced Berkeley employment law attorney who understands the evolution and application of federal and California law.
Most workplace injuries can be prevented. Yet each year thousands of Californians are injured on the job. Employers are responsible for providing and enforcing policies to maintain a safe work environment. The State of California and the federal Occupational Safety and Health Administration (OSHA) have strict rules about keeping employees safe. They must:
As an employee in California, you have the right to speak up about safety and ask questions if you think the work environment is unsafe. You have the right to refuse any work you feel could result in serious injury or put your life in danger. If you feel that these rights have been violated, you should consult with an attorney who is knowledgeable in local employment law. Consulting with an experienced California employment lawyer can help prevent any illegal retaliation. It’s illegal for an employer to terminate or discriminate against employees when they question or complain about unhealthy or unsafe conditions.
The San Francisco Office of Labor Standards Enforcement has laws on the books to protect workers from unfair practices. These ordinances cover:
As a worker, you have these specific rights. It does not matter where you were born, if you have work papers, or if you are paid in cash. These laws apply and were enacted to protect workers. In addition to the ordinances above, there are additional protections and ordinances for people who work for businesses that contract with or lease from the City.
In addition to the city’s own ordinances, the State of California also has laws that govern wages and breaks. According to the California Department of Industrial Relations Labor Enforcement Task Force brochure, once you are hired, you have specific rights related to breaks, minimum wage and overtime, unemployment and disability benefits, a safe work environment, and whistleblower protections. Learn more by speaking with a Berkeley employment attorney.
In the context of retaliation, wrongful termination occurs when an employee is terminated because they report an unlawful behavior of a coworker, manager, owner, or other company representatives. All too often, a termination happens as retaliation for filing a workers’ compensation claim, reporting discrimination, or even testifying in a harassment or discrimination investigation.
It’s illegal for your employer to fire you or retaliate against you for filing a complaint. Your right to file a formal complaint about harassment or discrimination is protected by federal law. Employees have a right to:
Other kinds of retaliation may not be so obvious. For example, after an employee files a complaint, their supervisors may:
If you experience any of these issues, it is important to call an experienced Berkeley employment attorney.
Scott R. Herndon is a plaintiff’s lawyer. He has years of experience as a practicing attorney and, at Stanford University, taught some of the brightest minds in Silicon Valley. At the Law Office of Scott R. Herndon you will find skilled and intelligent advocates who understand the complexities of the contemporary workplace. We will review your circumstances in a free consultation and realistically evaluate your claim. Whether we help negotiate improved severance agreements, file claims with the EEOC or appropriate California agencies or bring a lawsuit for damages, our office will fully apprise you of your options so that your dignity and career are protected. Contact a Berkeley employment lawyer today at (415) 360-5477.
