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Discrimination

Most Recent Posts in Discrimination

Age Discrimination: What Does an Employee Need to Show?

By Malatesta Law on October 30, 2018

California’s age discrimination laws are to be enforced “with the goal of not only protecting older workers as individuals, but also of protecting older workers as a group, since they face unique obstacles in the later phases of their careers.” Thus, an action for age discrimination can be based upon discrimination against a single individual or based upon discrimination against a group of individuals.

Posted in: Discrimination

Disability Discrimination – An Employee Must Be Able To Do the Essential Functions of Their Job

By Malatesta Law on September 15, 2018

Because a claim for disability discrimination is a civil action, the burden is on the employee to prove each element of his or her claim.

Posted in: Discrimination

Disability Discrimination – Ensure Employer Knows of Need for Accommodation

By Malatesta Law on September 9, 2018

A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a reasonable accommodation.

Posted in: Discrimination

Disability Discrimination – What is a Reasonable Accommodation?

By Malatesta Law on September 1, 2018

Under California law, a disabled employee is entitled to a reasonable accommodation to allow the employee to continue do their job in spite of their disability. An employer must offer a disabled employee a reasonable accommodation, unless doing so would be an undue hardship.

Posted in: Discrimination

Discriminating Against an Employee for Filing a Workers’ Compensation Claim Violates the Law

By Malatesta Law on August 30, 2018

If an employee is injured while working, the employee deserves to receive the workers’ compensation benefits that they are entitled to.

Posted in: Discrimination

Discrimination – What Damages Can an Employee Recover?

By Malatesta Law on August 15, 2018

An employee who is subjected to unlawful discrimination is entitled to recover damages for their employer’s illegal conduct under California law. Damages can include economic damages, emotional distress damages, and in certain circumstances, punitive damages.

Posted in: Discrimination

Does an Employee Have a Discrimination Claim? – Factors to Assess

By Malatesta Law on August 1, 2018

  1. Was the employee treated differently than other employees because of the employee’s race, gender, religion, sex, age, disability, nationality, or military service?

Posted in: Discrimination

How Does an Employee Prove Discrimination?

By Malatesta Law on June 1, 2018

It is against the law in California for an employee to be discriminated against because of his or her: race; religious beliefs; color; national origin; ancestry; physical or mental disability; medical condition; genetic information; marital status; sex; gender; gender identity; gender expression; sexual orientation; military and veteran status; age; or pregnancy, childbirth, breastfeeding or related medical conditions. These characteristics are known as “protected characteristics.”

Posted in: Discrimination

Disability Discrimination – What Does a Disabled Employee Who Needs an Accommodation Need To Do?

By Malatesta Law on January 1, 2018

A disabled employee who needs an accommodation for their disability so that they can continue to perform the essential function of their job must inform the employer of their limitations and request a reasonable accommodation.

Posted in: Discrimination