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Workplace Discrimination Archives

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.

What constitutes disability discrimination?

The concept of disability discrimination in the California workplace is something many people may not fully understand. However, it has been known to occur, which is why the federal government specifically prohibits discrimination on the basis of a person’s disability. Federal law describes what kinds of people are protected from disability discrimination.

What is genetic information?

Federal law prohibits multiple forms of discrimination, including age, race, and sexual orientation, yet many California residents may not know that employers are also prohibited from using genetic information to discriminate against workers, or even understand what genetic information is. According to the U.S. Equal Employment Opportunity Commission, genetic information includes different aspects of a person’s genetic background.

Do men have a right to paternity leave?

It has always been rather standard that when a woman has a baby, she gets time off work.  Employers routinely offer maternity leave, but if you are a father, do you also have a right to time off? Generally, maternity leave is a medical leave, allowing the mother time to recuperate after giving birth, but it also gives her time to bond with the child. This is why it has been also offered to adoptive mothers and why many companies are offering or considering paternity leave. As a father in California, you deserve time to bond with your child, too.

Does your employer have to follow ADA regulations?

Like most in Sacramento, you likely take great pride in your career and your ability to thrive within it. That ability can be significantly hindered if you were to develop a disability or acquire one in an accident. Yet part of coping with a disability is being able to continue to do those things which you value (such as working). However, what if your employer tries to tell you that your new limitations prevent you from returning to work? The Americans with Disabilities Act prohibits an employer from discriminating against you based on a physical or mental disability. What if your employer, however, claims that it is exempt from having to adhere to it? 

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