Both Federal and State laws assure equal opportunity in employment and prohibit discrimination in general. Such types of prohibited discrimination include, but are not necessarily limited to, age discrimination, disability discrimination and/or a failure to accommodate for the disability, harassment and retaliation, which can be in the form of a punishment (eg. adverse action, such as warning, demotion, negative evaluation, salary reduction, relocation to different job assignment, suspension, termination.)
State and Federal laws also protect employees from discrimination in the workplace based upon any of the following: Gender, Race, Sexual Orientation, Disability, Pregnancy, Age, Color, National Origin, Religion.
The laws prohibiting discrimination in the workplace are essentially derived from Title VII of the Civil Rights Act of 1964 (42 USC§2000e et seq). California’s Fair Employment and Housing Act (“FEHA”), applicable to employers with 5 or more employees, is found in Government Code§12900 et seq, and provides protections similar to Title VII, although the California law generally goes beyond the federal standards.
With limited exception,(eg. Employer with less than 5 employees, or a religious organization) the aggrieved employee must file a claim with FEHA within one year of the negative employment action. If the employee cannot file a FEHA claim (because either the employer or employee is not covered by FEHA) a Claim can be filed with the Equal Employment Opportunity Commission (“EEOC”). The deadline to file an EEOC claim is shorter than the FEHA time period.
Once the claim is filed with either FEHA or EEOC, an invitation is extended to both parties to consider participation in a free mediation. Mediation is a process by which a neutral person, unfamiliar with the facts or issues, attempts to facilitate a settlement of the dispute. If the mediation does not occur (because one of the parties refuses to participate) or the mediation is not successful in reaching a settlement, the employee is generally left with the choice of requesting a Right to Sue Letter, which is required before filing a lawsuit. If the party intends to file a lawsuit in Federal Court, the employee has 90 days to file suit. If the employee elects to file in State Court, they have one year to file suit.
Equal Employment Opportunity Commission — 800-669-4000
California Department of Fair Employment and Housing — 800-884-1684
California Employment Development Department — 800-300-5616
Legal Aid Society-Employment Law Center — 415-864-8208
Personal Injury and Employment Law
500 Lighthouse Ave, Suite A
Monterey, CA 93940
(831) 373-7763 (Monterey)
(831) 757-1115 (Salinas)
© Kenneth J. Kroopf, Attorney at Law
What Our Clients Say…
“I was in an intersection car accident with another car. No one knew who was at fault. Mr. Kroopf immediately investigated and found out that I was not at fault. The other driver had to pay to repair my car, and pay my medical bills, and more money for my pain and suffering. I am so happy with the legal help I got from Mr. Kroopf and his staff. Thank you.”
“After our workplace became a hostile work environment we hired Ken Kroopf. He listened carefully to our problem, and promptly took action to deal with the situation.”
CT, AF, JH
“Sufrí acoso sexual en el trabajo. Cuando me quejé, fui despedido. El abogado Kroopf fue muy comprensivo y paciente. Luchó por mis derechos, y me ayudó a colectar compensación monetaria.”
“I was wrongfully fired after 25 years of employment. Ken vigorously pursued my claim. I was extremely happy with the result.”
“I was being sexually harassed at work. When I complained to my supervisor I was fired. Mr. Kroopf was patient and understanding with me. He fought for my rights, and helped me to collect money from my old boss.”
“Estuve en un accidente automovilístico en el cual la mi culpabilidad fue cuestionada. El abogado Kroopf inmediatamente investigó y averiguó que yo no fui culpable. El otro conductor tuvo que pagar por reparación de mi coche, pagar mis cuentas médicas, y compensación por mi dolor y sufrimiento. Estoy muy satisfecho con la ayuda legal que recibí del Sr. Kroopf y su personal. Gracias.”
“I was in a horrible motorcycle accident and sustained multiple fractures. Mr. Kroopf aggressively fought for my legal rights and obtained a great settlement for me.”
“I lost my only daughter in an auto accident in which she was put at fault. Where other attorneys rejected my case Mr. Kroopf took it and stood by me. His hard work and persistence led to an excellent settlement.”