Law Office of Jeffrey D. Fulton

Workplace Discrimination Archives

What are some workplace emotional abuse red flags?

Do you wake up every workday morning raring to start the day and go to your California job? Or do you dread the thought of one more go-round of negativity from your boss or one of your co-workers? No one expects his/her workplace to be ideal, but likewise, no one expects to be emotionally abused while at work.

Understanding disability discrimination

At the Law Office of Jeffrey D. Fulton in California, we empathize with the difficulties you sometime encounter in finding and maintaining a job when you are disabled. As you likely know, and as the Equal Employment Opportunity Commission reminds you, the Americans with Disabilities Act prohibits employers from discriminating against you in any aspect of employment from hiring and firing to pay, job assignments, promotions, layoffs, etc. based on your disability. In addition, the ADA requires employers to reasonably accommodate your disability.

What is an adverse employment action?

As a California employee, you have many rights and protections under Title VII of the U.S. Code. One body of rights applies not only to your right to challenge workplace discrimination by reporting it to your employer or notifying the Equal Employment Opportunity Commission, but also your right to suffer no retaliation or reprisal from your employer if and when you do.

Do you work with bullies?

As a California worker, you do not expect your workplace to be the perfect place that you look forward to going to each and every day. You do, however, expect your workplace to be a place where you can do the job(s) for which you are responsible without being harassed while you are doing them. As reasonable as that expectation is, you are one of the lucky ones if you do not have to deal with one or more workplace bullies on a daily basis.

What is whistleblower retaliation?

If you are a California worker who believes that your company is engaging in illegal or prohibited activities and/or practices, you can complain to your supervisor or to the proper governmental agency without fear of retaliation by your employer. This is because you have become a whistleblower, which is not a pejorative term. Rather, it means that you are someone with a conscience who cares enough about laws, rules and regulations that you cannot stand by silently while your company flouts them. You must blow the whistle.

Are you a victim of workplace disability discrimination?

If you have a disability and have ever experienced what you consider unfair treatment at your California job, you may have avoided speaking up, possibly because you were unsure whether your treatment constituted discrimination or because you feared losing your job. Disability discrimination is an umbrella term for a broad number of related behaviors, all of which involve your employer or someone else at your place of business treating you differently because of your disability.

Understanding religious discrimination in the workplace

If you live in California and work for either a government agency or a company that employs at least 15 people, you have certain rights with regard to discrimination in the workplace. One of these rights protects your ability to work in an environment free from religious discrimination. At the Law Office of Jeffrey D. Fulton, we have a firm understanding of what constitutes religious discrimination in the workplace, and we have assisted many workers who fell victim to such treatment seek recourse.

Can my company make me take a leave if I get pregnant?

If you are an employed California woman who is pregnant or thinking about becoming pregnant, has it ever occurred to you that your employer might make you take an unpaid leave of absence when your boss finds out you are pregnant? This may seem like a ludicrous thing to worry about given that this is 2018 and discrimination against women is banned in the workplace. Nevertheless, you should consider the recent situation of a female Walmart employee in Georgia.

Why petty slights do not constitute workplace discrimination

Some people in the California workplace may end up on the receiving end of behavior they feel is impolite, rude, or annoying. For example, a colleague might interrupt you while you are talking, and perhaps too frequently for your taste. Although some employees may consider such behavior as a form of harassment, the truth is that for workplace behavior to qualify as discrimination, it needs to rise above just petty slights.

Understanding Reasonable Accommodation

One of the murkier questions concerning disability discrimination is whether a California employer has done enough to accommodate disabled individuals seeking to apply at the employer’s workplace or who already are employed. Federal law makes it clear employers should assist the disabled, but how they should do so and to what extent requires further explanation.

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