California Discrimination Legal Questions

As an employer in California, you have a duty to reasonably accomodate your GM.  Go through this process with him.  The area of age and disability discrimination is very technical and you will be well advised to seek an attorney (employment defense attorney) to help you through this process.  You can also call the California Civil Rights Department. https://calcivilrights.ca.gov/contactus/    ... Read Answer

In order to answer your question, I would need to know more about the work you do, the business of your boss, and the structure of your work position.  Very recently, the California Supreme Court issued a unanimous ruling making it harder for employers to classify workers as independent contractors.  To classify someone as an independent contractor, businesses must show the worker is free from the control and direction of the employer, performs work that is outside the hirer's core business, and customarily engaged in an "an independently established trade, occupation or business."  This last factor is of special significance to the Court because if a worker is not engaged in their own business, there is a "substantial risk" that the hirer has misclassified the worker. A worker may be denied the status of employee "only if the worker is the type of traditional independent contractor, such as an independent plumber or electrician, who would not reasonably have been viewed as working [as an employee] in the hiring business."  The Court used a plumber as an example of an independent contractor, while a seamstress working from home to make dresses for a clothing manufacturer from cloth supplied by the company, or a cake decorator who work regularly on custom-designed cakes would be employees. In summary, three factors are relevant:  1) amount of direction and control the hirer has over the worker; 2) does the worker perform work that is outside the hirer's core business; and 3) is the worker engaged in their own independent business?   I hope this is helpful for you in assessing your situation.  Feel free to contact me to discuss further.        ... Read Answer

You characterize your issue as one of discrimination but you do not state upon what basis you feel you were discriminated against. Before talking it would be best if you furnished a complete and detailed factual statement regarding your matter so that we may have at least a basic understanding before discussing it...Stephan Math Esq...smesq1@aol.com... Read Answer

You need to provide additional information..for instance you do not indicate whether those urging you to quit are people in positions of authority. Furthermore, aside from the fact that you are a mixed race family are there any other facts that lead you to believe these actions are grounded in a discriminatory motive...finally you mention that these same people have verbally attacked your family and refused services..........you need to provide specifics, i.e., what was said and what services were denied...I would be happy to review this further should you provide the requested information.......Stephan Math Esq, smesq1@aol.com... Read Answer

You state that you are being discriminated against and in the basic definition of that word it sounds as if you are, however, bear in mind that just because you are being discriminated against by being treated differently than others such discriminatory treatment may or may not be actionable. Whether it is actionable depends on WHY you are being discriminated against. You do not state your belief as to why it is you are being discriminated against. If you believe, and the facts support your belief that you are being discriminated against due to your membership in a legally protected class of persons, i.e., because of age, race, religion, ancestry or sex then you may indeed have an actionable claim...Stephan Math Esq., smesq1@aol.com... Read Answer

Discrimination on the basis of pregnancy is made unlawful under California's Fair Employment and Housing Act and is also a form of sex discrimination under that same Act. If you would care to discuss this matter further please contact us. I would also ask that you be prepared to let us know how long you worked for the employer, the approximate number of employees and how soon after informing the employer was it that you began to experience what you believe to be discriminatory acts......also we would need to know the type of job you held, your normal duties and your last salary........Stephan Math Esq, smesq1@aol.com (805)300-2097... Read Answer

You fail to state what the nature of the harassment was. Generally, if you are being harassed because of your membership within a protected class such as on the basis of sex, age, race, religion, etc.or because you protested what you believed to be an unlawful act or activity there is a possibility you may have a claim. However, if the harassment is general in nature, i.e., because those who harassed you just dont like you for some reason then that is a much more problematic situation that in all likelihood will not provide redress...furthermore, there is the issue of damages...as a substitute teacher you generally would not have a cflaim for loss of income because there is no guarantee of future employment as a non permenant, non tenured teacher, however, if there is wrongdoing as alluded to above, there is the possibility of claiming a reasonable expectation of continued employment based on your record of past employment....I know there are a lot of ifs and buts in thiis response but I hope this at least helps clarify some of the issues for you....Stephan Math Esq., smesq1@aol.com... Read Answer

I see no reason why you can't pursue both simultaneously, however, the school misconduct charge you levy would probably be handled internally and you may not obtain an objective finding while the discrimination complaint would be handled externally and the likelihood therefore of an objective finding in my opinion would be greater...you may want to, in light of this to forego the internal complaint and just proceed on the discrimination complaint.........Stephan Math Esq., smesq1@aol.com... Read Answer

Under Penal Code § 632(c), “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. Much depends on the circumstances as described above..the question really is whether the individual had a reasonable expectation of privacy with respect to the conversation that was recorded.  Stephan Math Esq.    ... Read Answer

My initial question: Was an accommodation requested and if so, what was it? If not, how was the school made aware of his disability? The California Education as does federal law prohibits discrimination on the basis of a disability and if the school was aware and didn't offer an accommodation then you may have a claim. My final question is what would be the remedy that you seek?....Stephan Math Esq  ... Read Answer

It is illegal in California to discriminate against an employee with a disability or who is percieved to have a disability so it really is not relevant to the issue of discrimination as to whether or not you are in fact disabled....however, before removing you from the register they would have been required by law to engage in what is known as an interactive process with you in order to determine whether and to what extent an accommodation is necessary. You can contact the California Department of Fair Employment and Housing and tell them you feel you're being unfairly discriminated against based on a perception that you have a disability.  Stephan Math Esq.... Read Answer

Harrasment in California based upon gender or gender preference is unlawful. You were not too specific as to what the comments were and I would have to review those however, both the the employer and the harasser could be held liable for such actions.   The problem I do see is the nature and extent of damages. Presumably you have not lost your job so it would appear there would be no loss of income. On the other hand if the actions you complain of are severe and pervasive and resulted in your emotional distress you may have a claim based upon that. Should you care to provide further information please contact our office. Stephan Math Esq.... Read Answer

Generally, your employer is obligated under the law to enter into what is called an interactive process with you in order to determine whether a reasonable accommodation can be made. Usually this entails their providing your doctor with a list of your duties so that your doctor can indicate whether and to what extent an accommodation would be medically required for each duty. Bear in mind that if the employer can show that an accommodation would result in a hardship to their business they may be able to deny the accommodation however, if the employer is a large employer this would be unlikely. A refusal on the part of your employer is a violation of the law. You may want to file a complaint with the California Department of Fair Employment and Housing and have them look into the matter. Should you be terminated after having filed this complaint you may also have a claim of unilawful retaliation against your employer. Stephan Math... Read Answer

Under the law your employer has an affirmative legal obligation to engage in an interactive process withyou once they become aware of your disability and a need to  accommodate it. Whether or not they are obligated to provide the accommodation depends on certain factors and generally an employer will not be required to accommodate if the employer can demonstrate that to do so would result in a hardship to the employer..this is usually difficult for most employers to demonstrate. My advice to you at this point is to contact the California Department of Fair Employment and Housing and tell them that you would like to make a complaint of disability discrimination against your employer. Stephan Math, Atty... Read Answer

Discrimination is when you are treated differently because being part of a particular group, NOT because you don't get what you want based on being a member of that group.  If your employer gave others who were of another religion the same time off, but not you because of your religion, it would be discrimination.  But in this instance, you have a job, it requires you to work on weekends, they won't give you time off.  That is NOT discrimination and does not violate your civil rights.... Read Answer