If you have a disagreement with another party , the two of you might decide to make use of arbitration services available in San Jose, CA. Arbitration services are a way for parties to settle a matter out of court, which is ideal if you prefer to avoid public proceedings. The decision of the individual who is providing arbitration services is binding and is enforceable in court. That means that if the arbitrator finds for Sally and gives her a $5,000 arbitration award, the other party, John, will have to pay it. If John refuses to pay, Sally can then take him to court to have the arbitration decision enforced.
You can hear more about arbitration services when you watch this brief video. It explains that an arbitrator is not an official of the court, but rather is a neutral third-party. During an arbitration session, both sides have the opportunity to present evidence and argue their case before the arbitrator makes a decision.
Workers in California are protected by both federal and state employment laws that prohibit discrimination in the workplace. Labor laws are taken very seriously in the courts, and when employees’ rights are violated, there is often a legal recourse they can pursue with the help of an employment law attorney. If you think you have been the victim of this kind of discrimination at work, consult with an attorney in San Jose, CA , to see what your rights are. Keep reading to take a closer look at discrimination laws in California.
Both federal and state employment law in California protect employees from discrimination based on protected characteristics. In California, these characteristics are sex (including pregnancy, childbirth, breastfeeding or related medical conditions), race, religion (including religious dress and grooming practices), color, gender (including gender identity and gender expression), national origin (including language use restrictions and possession of a driver’s license issued under Vehicle Code section 12801.9), ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age, sexual orientation, military and veteran status or any other basis protected by federal, state or local law or ordinance or regulation race, religion, color, national origin, ancestry, physical or mental disability, medical condition, marital status, sex, age, or sexual orientation. California employment laws are some of the most pro-worker laws in the nation, and the courts enforce these protections vigorously.
Disparate Treatment and Disparate Impact
Disparate treatment and disparate impact are two common types of workplace discrimination. Disparate treatment occurs when an employer takes actions singularly against employees who have a particular protected characteristic. For instance, if a company goes through layoffs and only lay off workers over 40, they could be committing age discrimination through disparate treatment. Disparate impact is when a company enacts a policy or procedure that disproportionately affects one group. For example, a policy in which taking leaves of absences means that you will not be considered for promotion may be considered to be discriminatory against women, who have to take leaves for pregnancy.
Harassment is another form of workplace discrimination. It encompasses a broad range of behaviors, from touching and unwanted advances to slurs and intimidation. In some cases, severe harassment is said to have created a hostile work environment—a legal distinction that indicates that the harassment was particularly abusive. Some cases of harassment in the workplace, particularly sexual harassment, is referred to as quid pro quo harassment, in which an employee is pressured to submit to sexual advances in exchange for promotions, salary increases, or other benefits.
As an employer, understanding your obligations under both state and federal employment law is essential. Even unintentionally violating a part of employment law, from wage laws to severance agreements, can be extremely costly for your business. At The Law Office of Phillip J. Griego , we can help your business protect itself from employment law mistakes in San Jose, CA, and provide a safe, compliant workplace for your employees.
At our law office, you’ll get an experience employment law attorney on your side to help you build all aspects of your business in compliance with state and federal guidelines. Get training on sexual harassment for yourself and your employees, create procedures and policies that meet legal standards, and get help writing handbooks, contracts, and severance agreements that won’t put your business in legal jeopardy. If a case is filed against your firm, our litigation attorney can defend your rights through mediation and court. Pre-emptively protect yourself from legal issues by working with a lawyer on a regular basis as you build your business.
Do you believe you have been the victim of age discrimination at work? If so, consult with an employment lawyer in San Jose, CA , to find out if your rights have been violated. Employment law protects employees from age discrimination in all aspects of their work, from hiring to wrongful termination. Take these steps to protect your rights.
If you are on the job and are concerned that you are being discriminated against, document what is happening, even if you haven’t yet decided to see an attorney. When you file a discrimination case, the evidence you have collected could be an important part of proving your complaint. Even keeping a written journal of incidences that you feel could be discriminatory can be helpful to your attorney.
Find an Attorney
When you decide to file a case, consult an attorney with experience in employment law as soon as possible. Your attorney will evaluate your case and decide if you should pursue your complaint. There are also several stages to a discrimination lawsuit that your attorney can guide you through. It is important to choose a lawyer with experience in employment law in your stage. Although federal laws protect employees from age discrimination in the workplace, your state may have additional laws that impact your case. Your attorney can also help you determine if any settlement offers made by your employer are appropriate or if you should pursue your case in court.
Follow the Process
After your attorney files a case, the first step is likely to be mediation, in which you and your employer attempt to reach a settlement with the help of your attorneys. Many discrimination cases can be settled in mediation, but some leave mediation and progress to trial. At trial, there will be a discovery phase, in which your attorney shares information with your employer’s attorney, and then both sides will present their cases. A jury or judge will determine if your claim is valid and what you should be awarded.
The Civil Rights Act prohibits racial discrimination in the workplace. That means that employment law protects employees from being discriminated against by their employers on the basis of race. When this occurs, an employment lawyer in San Jose, CA , may be able to help you file a civil suit.
Watch this video to learn more about racial discrimination at work. The law protects employees against racial bias in hiring decisions, wage and promotion decisions, and termination decisions. If you believe your rights have been violated at work and your employer has engaged in racial discrimination, talk to a California employment law attorney to determine if you should file a civil case or otherwise dispute the circumstances of your employment.