Age & Gender Discrimination

Pasadena Gender & Age Discrimination Lawyer

Everyone should be fairly evaluated on their own merits. Unfortunately, this standard is often violated by employers or other entities who discriminate based on age or sex.

Let’s take a closer look at what Californians need to know about age and gender discrimination, and how the law — and the right attorney — can help ensure that victims are treated fairly.

The Basics on Age and Gender Discrimination

Discrimination based on age or gender can take many forms, including the following:

  • You’re a 60-year-old employee who is terminated because of your age
  • You’re a mid-level female executive passed over for a role in the C suite because of your gender — even though you’re the most qualified candidate

Such scenarios are expressly outlawed under California’s Family Employment and Health Act, or FEHA. Under the terms of FEHA, nobody over the age of 40 can be discriminated against based on their age. In addition to employees, FEHA also covers job applicants who are older than 40.

In addition to age discrimination, FEHA also offers robust protections for workers who are fired, passed over, demoted or otherwise unfairly treated on the basis of their gender.

California law also mandates that it’s illegal for employers to pay employees of the opposite gender a different wage or offer a different compensation package for equal work.

How the Right Age and Gender Discrimination Attorney Can Help

Suffering age or gender discrimination is often a traumatic experience. However, an attorney with specific experience in age and gender discrimination cases can help you protect your rights and receive fair compensation.

Contact L&B Law Group today to learn more about how we can help you receive everything to which you’re entitled as the result of age or gender discrimination.

Disability Discrimination

Pasadena Disability Discrimination Lawyer

Living with a disability is a challenge — but facing discrimination due to that disability is a shame. Yet every day, people with disabilities are treated differently by their employers, by commercial enterprises and by society at large.

Nobody with a disability should have to endure such treatment. Fortunately, if you have a disability, the law is on your side — as are experienced disability discrimination attorneys who can help you protect your rights.

Understanding Disability Discrimination

Under California’s Fair Employment and Housing Act it is illegal to discriminate against people with disabilities. This means you cannot:

  • Refuse to make reasonable accommodations to your disabled employee
  • Refuse to make reasonable accommodations to your disabled guest
  • Refuse to make reasonable accommodation to your disabled customer

In California, disabilities are broadly defined. Someone with a significant mental or physical disability — or medical condition — must receive due accommodations.

Employers cannot evaluate job applicants based on disabilities and cannot ask about the nature or severity of any real or perceived disabilities.

Additionally, all California retail establishments, hotels, hospitals, restaurants and other public places must offer people with disabilities access to the same services offered to the general public.

What to Do if You’ve Been Victimized by Disability Discrimination

At L&B Law Group, we’re tireless advocates for those affected by disability discrimination. Contact us today for more information about how we can help ensure that your legal rights are fully protected.

Sexual Harassment/ Abuse

Pasadena Sexual Harassment & Abuse Lawyer

The #metoo movement helped shine a light on sexual harassment and abuse, inspiring people everywhere and helping establish new standards of accountability.

While some progress has been made, sexual harassment remains a deeply entrenched problem that affects thousands of California residents.

Fortunately, sexual harassment victims are protected by a variety of state and federal laws. If you or someone you love has experienced this form of harassment, it’s vitally important that you understand how these laws work and how an experienced attorney can help protect your rights.

Sexual Harassment Laws in California

Sexual harassment within the workplace can derail a victim’s career and have profound, life-altering consequences.

Common forms of sexual harassment include unwanted advances, physical contact or actions that create an atmosphere of hostility or intimidation based on an employee’s sex.

Workers in California are protected from sexual harassment under the terms of the Family Employment and Health Act (FEHA) and the federal Civil Rights Act of 1964.

Anyone who has been a victim of harassment should first file a written report with a supervisor or manager before lodging a complaint with the appropriate state or federal agency. In most cases, this is the state Department of Fair Employment and Housing and the federal Equal Opportunity Employment Commission.

Once a complaint is filed, an investigation will then begin, and the opposing party will be granted an opportunity to respond to the complaint.

If the response is unsatisfactory or if it is determined that a crime took place, litigation may be the next step.

The Benefits of Speaking with a Los Angeles Sexual Harassment Law Firm

Sexual harassment cases are often quite complex, given that the process of pursuing a complaint can be time-consuming, and testimony and shared recollections may conflict. Because of this, it’s advisable to speak with an attorney who specializes in this form of litigation.

At L&B Law Group, we’ve been helping victims of sexual harassment assert their legal rights for decades. Call us today for a free consultation.

Workplace Discrimination

Pasadena Workplace Discrimination Lawyer

Have you ever been fired, demoted or treated differently than your colleagues because of your race, sexual orientation, pregnancy status or religious beliefs?

If so, you’ve been the victim of workplace discrimination.

Fortunately, the state of California has a robust set of laws that protect workers and help ensure that they are compensated when treated unfairly.

Workplace Discrimination in California: The Facts

Workplace discrimination can take many forms. Consider the following examples:

  • A company adopts a policy that disproportionately affects people in protected classes (sex, race, religious beliefs, medical conditions, sexual orientation etc.).
  • A company allows a hostile work environment where employees are harassed.
  • A company won’t hire, promote or interview people in certain protected classes.
  • A company fails to accommodate the disabilities or religious practices of workers.

All of these are common examples of workplace discrimination — a problem that impacts thousands of Californians each year

Those affected by workplace discrimination are protected by both federal and state law. The Civil Rights Act of 1964 and California’s Fair Employment and Housing Act (FEHA) both have a variety of statutes written to protect the rights of workers.

Successfully pursuing a discrimination claim under these laws, however, isn’t always straightforward. For example, FEHA does not apply to all employers (only those with more than five employees).

Because the workplace discrimation law can be quite complex, it’s typically a good idea to have an experienced legal advocate on your side. 

Finding a Los Angeles Workplace Discrimination Attorney to Fight for You

At L&B Law Group, we have spent decades fighting for the rights of victims of workplace discrimination. Contact us immediately for a free consultation.

Wrongful Termination

Pasadena Wrongful Termination Lawyer

Our jobs are often not only the source of our livelihood, but also a key part of our identity. This means that losing a job unexpectedly can be a devastating experience.

Yet when you lose that job because of an illegal act of wrongful termination, the experience is even more traumatic.

What Constitutes Wrongful Termination in California?

Fortunately, California residents are protected by laws that allow them to pursue legal remedies when victimized by a wrongful firing. In order to take full advantage of these protections, however, you have to know what they cover, and how to use them for your own benefit.

Wrongful Termination in California: The Basics

California is what is known as an “at will” state. This means that employers can terminate workers “at will,” without justification. This means a worker can show up on time, do an excellent job, stay out of trouble — and still be legally terminated.

However, this rule is not all encompassing, as there are exceptions. Employers are expressly forbidden to fire workers who fit into certain classes or who are involved in certain situations. Employers may not fire or lay off workers for the following reasons:

  • Physical or mental disabilities
  • Age
  • Race
  • Gender
  • Sexual orientation or gender identity
  • Religion
  • Military status
  • Political beliefs
  • Whistleblower status
  • Use of Family Medical Leave or pregnancy
  • Being a victim or domestic abuse or stalking
  • Discussing income or work conditions
  • Filing a safety complaint
  • Making reasonable requests for accommodations
  • Filing a Worker’s Compensation claim
  • Situations where working conditions are intolerable and workers are forced to quit
  • Violations of the WARN Act (which requires notice before mass layoffs)
  • Termination without cause in a situation with an implied contract

Employees vs. Contractors

It’s important to understand that only employees may file a wrongful termination suit against employers — independent contractors are not afforded the same protections. However, the line between employee and contractor has been shifting in recent years. California jurisdictions, for example, have been pushing to classify ridesharing drivers as employees.  For example, a law was passed in California which states that a worker is presumed to be an employee unless the employer proves otherwise.  To prove a worker is an independent contractor, the employer has to show that the worker is free from control of the employer, that the worker performs work outside the usual business of the employer, and the worker has an independent trade for the type of work performed.  If the employer cannot prove these three things, the worker is an employee.

Employees with contracts (written or verbal) are also in a stronger position in terms of job protections. Employers may not break these covenants and fire employees unless that employee willfully breaches, habitually neglects or is unable to perform her job duties.

The Laws Protecting Californians

Californians are protected from unlawful discrimination by the Fair Employment and Housing Act (FEHA), which outlines a long list of reasons why an employee may not be removed from a job (including those listed above). In addition to prohibiting termination, FEHA also specifies that employers may not create a hostile environment for members of a protected class, or seek to undermine or disadvantage their career prospects.

It should also be noted that all Californians, regardless of immigration status, are covered by state employment law. It is illegal to discriminate against a worker due to national origin, or privilege a citizen over a non-citizen.

Californians, like all Americans, are also protected by federal laws and the Equal Employment Opportunity Commission.

Prevailing in Court

If you’ve been terminated under a scenario much like those described above, you may be able to seek compensation via the legal system. When pursuing these cases, the litigant must typically show that the employer was motivated — fully or in part — by improper reasons. In most cases, the illegal discrimination associated with the firing must be shown to be a substantial motivating factor. Fired employees, however, do not need to show that discrimination was the sole reason for the termination.

If you’re in a situation where discrimination is occurring but you’ve yet to be fired, it’s important to consider the ramifications of your eventual exit. Generally speaking, if you quit as the result of discrimination, rather than being fired, it weakens your claim. However, you may be able to claim relief under the “constructive discharge” doctrine, which can be invoked when employers make working conditions so intolerable that quitting and being fired are essentially treated as the same thing under the law.

Finding the Right Wrongful Discrimination Attorney

If you’ve been wrongfully terminated — or you believe you’re about to be the victim or a wrongful termination — it’s imperative to speak with an experienced employment law attorney. The right attorney can evaluate your case and outline the steps you need to take in order to pursue a successful claim.

At L&B Law Group, we’ve been winning trials for more than 30 years, and we have the experience to handle even the most complex cases. Contact us today for a consultation.