If you decide to take your discrimination case to federal court, it is important to be aware that your employer has several tools it may deploy to try to get your case thrown out. One is the “motion to dismiss for failure to state a claim.” This is a very…
When you find it necessary to take on a workplace discrimination case, there are several hurdles you’ll face, and several opportunities to make very small errors. One of the big things to keep in mind is that not every small error will be fatal to your case. With the help…
The unprecedented conditions of the last year have affected everyone in multiple ways. These impacts have also affected California’s legislators, who have enacted several news laws – and are contemplating others – that have a direct impact on workers across the state. If you believe you’ve been harmed by harassment…
We have been living with COVID-19 for more than a year now. One very important development that, for many, represents a huge “light at the end of the tunnel” is the availability of a COVID-19 vaccine. Vaccinations, though, maybe problematic for many workers. Some may have religious objections and others…
People may offer all kinds of unsolicited legal opinions all the time. “Oh, that kind of accident isn’t something you can sue for.” “That kind of medical problem isn’t something you can win a discrimination case on.” And so on, and so on. Most of these opinions will inevitably come…
The law is frequently slow to change but, as society evolves, the law often follows along eventually. The Fair Employment and Housing Act (FEHA)’s protections against workplace discrimination are no exception. For example, sexual orientation became a protected class in 2000 and an amendment added gender identity/expression as a protected…
Our system of civil litigation in California is based, in part, upon the idea that, generally, it is preferable when cases are resolved on their actual merits, not by one side using some technicality to sidestep addressing the merits. One of the implications of that notion of justice is that…
As the calendar turned from 2020 to 2021, most of California remained under a “stay-at-home” order. For some Bay Area residents, the lifting of lockdown orders may actually exacerbate, rather than reduce, the challenges they face. Many people who were working before the pandemic struck may find themselves forced to…
Many times, when you begin a new job, you are presented with a massive stack of papers to read and sign. The whole thing can seem daunting and it may be tempting simply not to read all the “fine print.” Beware, though. The employment contract you sign may involve forfeiting…
Having to endure racial slurs or epithets at work can be an extremely troubling thing, even if the word was used exactly once. In some situations, even just a single use of certain slurs or epithets can be enough to constitute the evidence you need for a successful workplace discrimination…