California has many administrative agencies that protect all employees and allows them to pursue claims against their employer when their legal rights are violated. These agencies are often referred to as “labor law boards”, even though there is no agency in California with such a name. These boards treat, manage, and investigate certain workplace disputes and complaints similarly to a court, and most complaints against employers are brought before these agencies. This post will take you through the major agencies in California that are involved in labor and employment disputes, and also offer resources on how you can file a claim with them.

IDENTIFYING THE RIGHT LABOR LAW BOARD TO FILE YOUR COMPLAINT

Although California has many agencies, there are two major agencies used for workplace disputes. They include:

• The Department of Fair Employment and Housing
• The Office of the Labor Commissioner

Each of these two labor law boards has a distinct process for filing claims or complaints, and the types of issues they handle are generally specific. To choose the right agency, employees need to correctly identify the best labor law board for their case and ensure it is within the jurisdiction of the agency for proper complaint procedure. This is the first step in bringing a claim against the employer.

THE CALIFORNIA LABOR COMMISSION AND THE CLAIM YOU CAN FILE WITH EACH

The California Labor Commissioner’s office works to enforce minimum labor standards in workplaces across the state. The Labor Commissioner and their deputies are appointed by the governor of the State of California and have a legal right to visit all companies in California to help the board investigate, resolve, hear all claims under its jurisdiction and enforce California labor laws. Perhaps most importantly, the Labor Commissioner has the power to give a ruling on disputes that involve wages and hour complaints. Some of these claims include:

• Unpaid wages
• Unpaid commissions
• Unpaid vacation wages
• Unpaid minimum wage
• Failure to be paid for agreed benefits
• Unpaid overtime
• Distribution of pay stubs
• Rest and Meal break violations
• Failure to pay wages on time after employment’s termination
• Unpaid split shift pay (this is necessary when two(2) different work periods are separated by more than an hour meal break)
• Unlawful deductions from a paycheck
• Un-reimbursed business operating costs
• Late payment or failure to pay final wages

To sum up, the office of the Labor Commissioner manages wages and penalty claims as well as other employees’ demands for compensation from their employer. Furthermore, the Labor Commissioner’s office can also hear certain types of whistleblower and retaliation/discrimination claims. However, they must involve claims that the employer took unfavorable employment action against the worker (or any job candidate) probably because they are involved in some protected conducts. The office of the Labor Commissioner can give a ruling some whistleblower claims, but not all types of whistleblower claims. The detail of this is beyond this post.

THE DEPARTMENT OF FAIR EMPLOYMENT AND HOUSING AND THE CLAIMS WITHIN THEIR JURISDICTION

The department of fair employment and housing may be the best place to file a complaint if an employee feels they have been discriminated against. Discrimination usually arises when some protected people or protected class are treated differently based on certain characteristics or attributes. A few instances of discrimination may include unwanted touching, jokes that are inappropriate, unjust compensation, poor working conditions, and job assignments.

The California’s Fair Employment and Housing Act (FEHA) offers the most protection to employees (regardless of their numbers working in a company), and eliminates discriminatory employment practices. Under the California Fair Employment and Housing Act, employers are prohibited from discriminating against or harassing employees, job applicants and certain groups of people on the basis of their color, race, sexual orientation, religion, ancestry, age (40 and above), medical condition, disability, harassment, sex (including pregnancy), marital status, genetic information, origin (including language constraints), military and veteran status. Any other issues that involve unfair treatment or treating an individual differently fall under their jurisdiction. Most times, retaliation usually follows discrimination and harassment.

WHAT IS RETALIATION ALL ABOUT

Retaliation arises when an employer or an agent acting on behalf of the employer react unfavorably or engages in unlawful behavior against an employee for filing a claim about some sort of discrimination/harassment or worker’s compensation, or for helping other employees in these complaints. Retaliation can also arise when an employer or an agent acting on behalf of the employer takes adverse actions against a worker for reporting unlawful behaviors by their employer – an act also known as whistle blowing.

Retaliation can come in many forms. For instance, if the employee files a claim and the employer or an agent acting on behalf of the employer then fires the employee because of the claim, then that would be retaliation. At times, the employee does not have to be fired to prove retaliation. Another instance is when an employee takes days off to look after an injury sustained in the workplace and the employer penalizes the employee, maybe through wage reduction. Under California law, this is prohibited. To prove retribution, an employee must show that:

1. The employer engaged in an unfavorable employment action, like firing the worker
2. They engaged in behavior that is protected under the California labor code (filed a worker’s compensation claim) and

• There was a connection between (i) and (ii) above.

The Fair Employment and Housing Act prohibits employers or an agent acting on behalf of the employer from retaliating against employees on these grounds. When the Fair Employment and Housing Act is violated, employees have a right to file a complaint with California’s Department of Fair Employment and Housing (the DFEH).

DFEH Versus DLSE

The DLSE and the DFEH work in the same way in that they both have the power to look into an employee’s claims and work with the employer to resolve any unlawful or illegal activities. However, the major difference is in the types of claims that the two agencies handle.

WHO CAN FILE A CLAIM WITH THE LABOR BOARD?

Any former or current employee or job applicants can file a claim for labor law violation, in relation to any part of the labor law as established in California by the Industrial Welfare Commission. The Labor law board will not query your immigration status nor report it to other government agencies. There is also no need for a social security number or photo identification to file a report for labor law violation. If your complaint is selected for investigation, your report will be kept confidential to the maximum extent possible under the law.

WHEN TO FILE A CLAIM WITH THE LABOR BOARD

The California labor law board maintains a listing of California laws that prohibits the denial of employee’s legal rights. If you have any issues affecting your working conditions in California, or you are discriminated against and harassed or you are seeking to get your legal unpaid wages, you have the right to file a claim with the appropriate California labor law board in a timely manner. Depending on the instances, reports must be by the statutory deadline. Talk to an attorney as to when that is. If your complaint is about:

• an oral agreement, you have a deadline to file by statute to file a complaint from the violation date.
• law or regulation in place (such as a minimum wage or overtime violation), you have a statutory deadline from the date of the violation to file a complaint.
• a written agreement, you a statutory deadline from the date of the violation to file a claim

The Labor law board prioritizes and investigates wage theft and other labor law violations. If the deadline is missed, you may be able to file a private lawsuit instead of filing a complaint. You should consult with an employment attorney for more details.

HOW TO FILE A COMPLAINT WITH THE LABOR LAW BOARD

After correctly identifying the type of claim and the best administrative agency that can hear the case, the employee can go ahead with preparing their complaint. The employee must:

• Determine the laws that the employer violated
• Collect any information that shows the employer took action against them because they exercised their labor rights.
• File any change in their employment conditions after they have exercised their rights, such as demotion or pay reductions.
• Collect documents to evaluate their employment conditions before that moment, such as timesheets, pay stubs, personnel commendations, notes, or evaluations, or other r
• ecords.

Reporting A Claim

To report a claim, the employee can either take or mail the complaint form to the Labor law board that handles the particular claim for the employee’s city or location where the employee performed the work that led to the complaint. Whichever way, the employee should make sure to complete the following steps:

• Download and print out the claim or complaint form.
• Complete the form in its entirety and ensure you provide all information requested to the best of your knowledge to avoid delays in processing, then sign and date the form.
• Attach copies of any supporting documents to your complaints. Do not send the original copies.
• Mail the completed complaint form and the supporting documents to the Labor law board
• If you are filing a workplace health and safety complaint, you may have additional protections.

It is advisable that the employee consult an employment attorney before filing their complaints just to ensure all their facts are correct, the claim is feasible and timely, and that the justice system is respected.

DETERMINATIONS

The California labor board will conduct a thorough investigation after you file your claim. And if the determination finds your employer guilty of any labor law violations, the board will send you a written determination by mail and require your employer to comply with it within 30 days. Otherwise, the Labor law Board will file a lawsuit against your employer to enforce the demand for relief. The relief may include:

• Reinstatement to your former job position
• Interest payment on the back pay
• Payment of any wages lost for wrong suspension, demotion or employment termination
• Payment of penalties for each violation
• Removal of any reference to the negative action in your employee file
• Cease to violate your labor rights in the future

WERE YOU SERVED A NOTICE FROM THE CALIFORNIA LABOR LAW BOARDS?

If you receive any complaint through the labor law boards, you need to know your rights before an employee sues. Most business owners or employers often neglect labor laws or potential risks to their business until a lawsuit shows up. Employees that might have seemed satisfied may sometimes feel cheated and want to claim what they think they deserve. Therefore, they might sue their employer to see what they can get. The fact remains that employees have little  to lose for doing so, due to the way the system is set up. That is why an employer needs to have a clear understanding of their rights when they get a complaint from the labor law boards. Dealing with the labor law boards is hard and the entire process can be intimidating. Many variables and possibilities can make it difficult to get a good strategy for your case, but we can help you out.

CONTACT UNITED EMPLOYEES LAW GROUP FOR A FREE CONFIDENTIAL CONSULTATION

Whether you are an employee who thinks your legal rights have been violated or an employer who has received a complaint from the labor law board, the experienced team of employment attorneys at United Employees Law Group will aggressively and compassionately listen and protect your interests. We understand your request is unique and we will work to give you the best shot at a favorable outcome. Even if you do not end up hiring us, you will still have good knowledge of the next step you can take. Kindly fill the form below to schedule your free confidential consultation.

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Age discrimination happens all too often in the workplace. The bad thing is that most of the time when it happens to someone they think it was just their time to go – they have no idea their boss just let them go or fired them because of their age!

What Is Ageism?

When talking about age discrimination, you’ll often hear the term ageism. This deals with stereotyping a person, based off of their age. Because ageism is a characteristic based off of discrimination laws, employers are not allowed to hire, promote, fire or base their wages on a persons age.

Examples Of Illegal Age Discrimination

It can sometimes be hard to tell when age discrimination happens. But for some people over the age of 40, there is an act called the Age Discrimination in Employment Act or ADEA. This act protects people that are 40 years of age and over that have had discrimination happen to them because of their age.

Here are some examples of age discrimination in the workplace:

• You didn’t get a job or a promotion because the employer wanted someone younger looking.

• You were fired from your job because the boss wanted to keep younger workers on who he/she could pay a lower wage to.

• You were passed over for a promotion because the boss wanted to hire someone younger outside of the company and said that he/she did so because they needed new blood for the workplace.

• The company went through a phase of layoffs in which most of the people that were laid off were older people and many of the employees who got to keep their jobs were younger yet had less job experience.

• Before you were let go or fired your boss made a remark about your age ie; you are over the hill, you are too old, you are ancient, you’ve been around since dinosaurs walked around!

If any of these issues have happened to you, you might have been a victim of age discrimination.

Stipulations Of The ADEA

While the ADEA is a nice law to have it does not work with every business and every individual. The only employees that the act specifically protects are companies that have over 20 employees. It also does not protect independent contractors.

So if you work for a small business or you work as a freelancer, the ADEA will not be able to protect you if you are a victim of age discrimination.

Valid Reasons For Firing An Elderly Worker

According to the ADEA, an employer needs a valid reason to let an older employee go – it absolutely cannot be related to their age. It can, however, be related to something like poor work performance.

For example, if an employee is older and works at a grocery store as a stocker and can no longer stock the shelves – this would be a valid reason to let the person go.

What To Do If You Have Been Discriminated Against

If you you have been involved in age discrimination and live in California, you can file a discrimination claim to the California Department of Fair Employment and Housing (DFEH).

You can also place a claim for age discrimination with the federal administrative agency, the Equal Employment Opportunity Commission (EEOC).

These two organizations work together on processing claims – so if you contact one or the other, both will be involved in your claim.

You can contact the DFEH here. You need to contact the HQ hotline to set up an appointment.

You can also contact the EEOC here. You also need to contact one of the 6 offices and set up an appointment.

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The Age Discrimination in Employment Act (ADEA) gives priority to older employees specifically 40 years and above. They can file a claim for compensation when they report unfair replacement by younger employees. However, they have to prove that their replacement was indeed “young” per the criteria of the law. Since its introduction, it has protected a lot of older employers, and has minimized the cases of age-related discrimination.

What counts as Age Discrimination?

The court has no set age to show who is “young”, but a three-year age difference is the minimum age required to file a claim.

Age Discrimination can take the following forms;

• Declining to give existing employees promotion due to their age

• Firing employees on attainment of a certain age

• Recurrent age harassment cases

• Refusing to higher older but qualified employees

How can I prove Age Discrimination?

In proving an age discrimination case, the claim must show one or more of the following:

• The employer discriminated against the employee based on age

• The job applicant or employee was at least 40 years.

• The employer in question was an entity under discrimination laws

• The job applicant or employee was negatively affected by an employment act

Other Protection Acts Combatting Age Discrimination

Older Workers Benefit Protection

The Older Workers Benefit Protection Act provides further security for employees by providing waivers that outline employee rights. Thus, if an employer wants to lay off some employees, they must abide by the requirements stated on these waivers before making any decisions in order to avoid age discrimination. If these requirements are not met and the employee feels wronged, they may outline the issue on the waiver and submit it for proof of age discrimination.

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The California legislature has passed new laws governing discrimination and retaliation following a number of labor and employment bills signed into law by Governor Jerry Brown in 2017. A lot of these bills relate to working hours, wages, benefits, employee safety, and other relevant employee protections.

Among these new laws (some of which took effect on 1 January 2018) include discrimination and retaliation laws that seek to protect employees against employer retaliation in circumstances where employees make decisions that may impact negatively on the employer.

By implementing a more comprehensive system for dealing with employment discrimination, California legislatures hope to highlight and dissuade instances of badgering, exclusion, manhandling, and other acts of retaliation.

Can The Labor Commissioner’s Office Investigate Cases of Retaliation or Discrimination?

According to existing California laws, employers may be investigated for retaliation or discrimination even without a complaint. Under the old law, the Labor Commissioner was empowered to investigate cases of retaliation or discrimination only when an employee filed an official complaint. However, under the new dispensation, employers may face legal action from the DLSE and the Labor Commissioner if suspected of the same.

How Can a Person Benefit From Filing a Retaliation Lawsuit?

If a complainant wins a case, the most immediate benefit would be a recouping of financial expenses. If for instance a worker who earned $45,000 a year was fired under now proven false circumstances, they would be able to recover the amount of money they would have earned had they not been fired in the first place.

Emotional distress is also addressed as it involves the psychological torture of having to endure unlawful retaliation by the employer. Employees who experience these situations have been known to suffer mental and physical distress (including actual medical conditions) brought on by the trauma of retaliation. In order to prove these harms, the complainant is expected to portray them.

One of the motivating factors for litigants is the recouping of lawyer’s expenses. Any settling of unlawful termination or another form of retaliation typically involves compensation for attorney fees. Complainants are expected to demonstrate that the employer acted with malice, persecution, or misrepresentation, and that their actions have brought suffering that warrants corrective damages.
Trial or Court?

The vast majority of employers prefer to settle before the case goes to trial. They also agree to keep the terms agreed upon during the settlement, and this motivates aggrieved persons to pursue legal action for perceived retaliation.

Given the Labor Commissioner’s reputation for pursuing legal action against employers in all industries, these new laws are expected to minimize cases of workplace retaliation throughout California.

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Racial discrimination is the unpleasant action or attitude, whether consciously or subconsciously manifested, that undermines an individual based on their heritage or because of their race. Racial discrimination happens as an individual or as a whole group or an institution.

Racial discrimination is not something minor because it accounts for a large number of the complaints received by the Equal Employment Opportunity Commission, a group that handles cases regarding inequality in the workplace.

How Does It Appear At Work?

Racial or ethnic discrimination in the workplace has many facets. Some of these facets can be obvious. Since racial discrimination is sometimes subtle, one of the most common aspects of it is that it can take place undetected.

Racial Discrimination in Workplace is Common

Unfortunately, racial discrimination in the workplace still exists. In 2002, a study conducted by Rutgers University showed that it is widespread for discrimination in the workplace to take place.

28% of African Americans have gone through discrimination in their workplaces. It is a lot when compared to 6% of whites.

Discrimination lawyers say that among all forms of discrimination, workplace discrimination is the most dangerous. This is because of the emotional toll it takes on the discriminated employees.

It is much more difficult to turn your back on racial discrimination when it happens in your workplace.

The Challenge of Coming Forward

While you may know how you are being discriminated, proving it may be difficult. An employer would never admit racial or ethnic discrimination.

When it is so difficult to prove it, this will add to your isolation, frustration, withdrawal, self-doubt, and lack of confidence. The stress accumulated at work can then spill over other aspects of your life.

People naturally want to appear strong, so they are often hesitant discussing these issues with others. One viable solution is to talk to a discrimination lawyer.

He or she will not only be able to determine if you have a legal claim against your employer but also to help you cope with the emotional stress resulted from the discrimination at your workplace.

They may advise you to join some supporting groups and visit some professional organizations that deal with such kind of problems.

They may also recommend you a therapist or a job coach.

Employees’ Rights in Workplace

There are certain basic rights in the workplace. Each employee should benefit from these rights. One of these basic rights is freedom from discrimination.

This right takes effect even before you get hired. You also have certain rights as a job applicant and candidate. Aside from race, you have the right to be free from the discrimination of sex, ethnicity, sex, age, religion and national origin.

If you feel that you have been discriminated in your workplace, arrange a consultation with the local discrimination lawyers.

You should be free from workplace discrimination no matter what is your age, sex, nationality or religion. This is why you have some basic rights against discrimination.

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There different kinds of people in the workplace. You will realize that different people belong to different races, tribes, religions, cultures and so on. This is the reason why there is a lot of diversity in the workplace. However, in some workplaces, you might encounter racial discrimination in the workplace. Racism  at the workplace can be observed when the company’s behavior is altered based on the race or ethnicity. It is therefore experienced or witnessed by employees in different forms such as harassment, indirect discrimination or victimization. Most employees tend to experience racial discrimination at work at one time or another.

You can easily identify racial discrimination at work. The following are some factors that show the existence of racial discrimination at work:

1. Stereotyping.

Stereotyping is detrimental because it normally portrays controversial generalizations and can even attribute to all staff members of the company. Individuals should be keen on the language used, topics upheld by other employees and so on. It is also important that you check whether the management or your fellow employees are making derogatory remarks about specific elements of an individual’s culture and customs.

2. Hostility

You will realize that hostility can be experienced through verbal critics. For example, a black-American woman can be criticized for being aggressive and so on. If you notice such hostility, there is an element of racial discrimination at your workplace. You will realize that persons experiencing racial discrimination at work tend to have difficulties in socializing with other members of the firm.

There are different ways that can help in mitigating racial discrimination at the workplace. Some of these ways include:

1. Write an anti-discrimination policy that specifically addresses racism.

If you notice racism in your workplace, it is advisable to come up with an anti-discrimination policy that addresses the issue of racism. It should include the consequences for acts of racial discrimination and so on.

2. Consider hiring employees from all races.

This will go a long way in creating diversity. It is also advisable to inform your candidates before hiring them of your policy against racism and discrimination in any form.

3. Ensure that you promote employees on the basis of merit.

It is important that employees get promotions on merit basis. This will make them feel more valued.

4. Train employees on how to avoid racial discrimination.

You should conduct this training at least once a year. This will go a long way in mitigating the problem of racial discrimination in the workplace.

Those are some of the ways that can help you deal with racial discrimination at the workplace.

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It is normal that during job interviews, the employer will try to gather as much information as possible about you, but keep in mind that it is against the law for the employer to ask about or bring up certain topics. Keep an ear open for possible illegal interview questions. Sometimes this might be hard to catch, as they are usually pretty simple and common questions. FEHA (California Fair Employment and Housing Act) declared that topics are that off-limits can fall under:

• Racial / ethnic background and national origins
• Age (over 40)
• Religion
• Marital status
• Sexual orientation
• Sex / Gender
• Arrest and conviction record
• Medical conditions and physical disabilities
• Children

These interview questions can take in the form as:

• Do you have any kids?
• Do you take part in any religious holidays?
• Have you ever been arrested in the past?
• What country do you come from?
• Do you socially drink?
• Of what ethnic background is your accent?
• Are you planning on retiring in the near future?
• What is your credit score? Do you currently have any debt?
• When was the last time you used drugs?
• Are you pregnant?
• How old are you?

Though seemingly innocent questions, these questions are not legal as they can make the interviewee subject to discrimination. FEHA (applies to companies with five or more employees) prohibits employers from asking interview questions related to any of these topics, either it be during an in-person interview or in an application form. Questions about physical ability are permitted when the job being applied involves physical activities, and the employer would need to know if the applicant would be physically able to do certain tasks. This also applies to the rest of the mentioned illegal interview topics as well.  These laws were implemented to ensure that the employer would make hiring decisions based on characteristics that really mattered, such as skills, experience, and attitude.

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When it comes to gender identity discrimination in California, there is a standing legal prohibition of any discrimination against transgender or any other gender non-conforming individuals when it comes to employment and housing dating back to 2004. In 2005, the same law, which is called Gender Nondiscrimination Act, was expanded to include public accommodations. Recently, this law also included the distinction between “gender expression” and “gender identity” by making them enumerated categories that are also protected under it. Here are the most important facts about this law and what does it mean in people’s everyday lives.

Areas under the Protection of the Law

The act prohibits gender identity discrimination in practically every domain of life in California, covering public accommodation, housing, education, employment, and insurance. Because of it, a person cannot be fired from their job because of being a transgender or gender non-conforming, their landlord does not have the power to evict them for this reason, they cannot be made to use a restroom that does not match their gender identity at a hospitality industry location like a restaurant or a bar, and medical practitioners cannot deny treatment to a person because of them being transgender.

Federal Employees and the Gender Nondiscrimination Act

All federal agencies operating in California are not subjects of this law. Because they and their employees operate under the federal movement, they do not enjoy the protection of the laws that were passed on the state level. However, the precedent is that federal workers in California, as well as many other states, are under the protection from any gender identity discrimination based on Title VII and its prohibition of sex stereotyping.

The Act and Churches, Church-Run Businesses and Non-Profit Organizations

Under this law, no religious exception is valid for discrimination in the domain of public accommodations and housing. Because of this, religious-based hospitals are forbidden to discriminate based on sexual identity or transgender status. The same applies to homeless shelters run by the religious-based organization. However, the religious-based educational institutions are not under the jurisdiction of this law, so its effects are not valid in those schools, colleges, and universities.

Workplace Issues Related to the Law

All employees have a guaranteed right to appropriate and safe restroom facilities at their place of work. This includes the uses of a restroom that is in line with the identity of the employee’s gender. When it comes to uniforms, the employers have a right to implement a dress code that is gender-based. But, no employer can force an employee to use or wear any uniform that is not in line with the gender identity or impression of that person.

With these facts, anyone can have a clear understanding of their rights related to gender identity discrimination in the state of California.

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In California, anti-bullying legislation was introduced in 2003. In the nation, California is the state that was first to introduce legislation regarding workplace bullying. Workplace bullying is defined as recurring, unhealthy mistreatment of one or more target(s) by one or more perpetrators that take any of the forms such as verbal abuse, offensive behaviors that are threatening, inhuman, or intimidating. Workplace bullies are the most common forms of illegal harassment. Workplace bullying can be based on one’s gender, age, race, national origin, physical disability, religion, and number of other factors. Bullying due to those factors is illegal and every employee has rights stipulated in the California labor law concerning workplace bullying.

Workplace bullying Signs can go unnoticed because the bullying behaviors begin from little and then grow to big problem for the employees who experience bullying. The signs that one can notice bullying at work include:

• The employer punishes you physically, psychologically, or emotionally while one does not deserve that treatment;
• The employer or coworker mocks you due to your ideas, personal circumstances, work or opinions;
• The employer or coworker publicly embarrasses and humiliates you ;
• The employer or coworker actions towards you are resentful or holds a grudge seeking revenge
• The employer or coworker dismantle one’s personal belongings;
• The employer uses bias tactics to prevent your progression, or advancement in the organization;
• The employer or coworker spies you, stalks on or bothers you;
• The employer or coworker aggressively makes you to do or say things unwillingly;
• The employer or coworker alter threats to you with unjustified termination, punishment, emotional, physical, or psychological abuse;
• The employer or coworker offensively communicates with you using jokes, rumors, gossip, harassment, or profanity without dignity.

Once an employee has noticed sings of bullying, they have to report to ensure that appropriate measure is taken. The united state supreme court says that, where an employee has published sexual harassment /discriminatory harassment policy, the employer must report it under that policy and give the employer the opportunity to fix the situation. In writing the report, one should ensure that the complaints are on a right protected, set forth the harassment as a violation of protected status. Understand the rights and responsibilities if one is harassed in a hostile work environment. The report should be given to the employer and if they allow the harassment to continue or if they retaliate contact an employment attorney.

The employers’ duty in workplace bullying law is to maintain a safe workplace. Appropriate remedies that an employer can take for bullying may be to discipline or warn the harasser, to move the harasser, under some circumstances to move the victim, to do training, or in an extreme situation, to terminate the harasser.

An employer can protect employees from workplace bullying by discouraging and eliminating bullying. The most effective way to do this is by treating bullying illegal even though it is already illegal. Create a culture in the workplace where in bullying is not tolerated. The employer can take actions in an effort to create a harmonious work environment. Action such as; including bullying in anti-harassment policies, giving instructions on what to do if a bullying incident occurs, investigate and implement discipline commensurate when complaints are brought up.

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With the upcoming pressure on the mentally impaired and physically disabled, the law enforcing bodies firmly established some laws to protect the rights of the disabled in terms of equal employment opportunities. Federal Laws like the ADA, FMLA, Rehab Act, and California state employee rights, in some way or the other, offer protection of the rights of workers with disabilities.

Impaired or not, every individual deserves equal rights to compete for a job or continue his or her position in the organization. But what happens if you’ve been treated unfairly, or have been wrongfully terminated? Here is what you should do:

1. Inform Employer of Breach of Right

Even though the ADA was established in 1990, there are a surprising number of disability discrimination cases being taken up in court. The reason? Your employer may simply not be aware of the accommodation that you are entitled to. Don’t be too hasty about taking any legal actions just yet. Take some time out to provide your employer with detailed information so that he or she is given a chance to remedy their actions.

2. Assert Your Rights

Once you’ve done your part informing the employer, your next step should be to recommend ways that you would receive “reasonable accommodation”. For instance, let’s say you’ve been turned down for promotion because it requires long hours of driving; and your disability doesn’t allow you such a liberty. Therefore, one suggestion could be to install some equipment that could facilitate your driving ability; this is your disability right. Since you are able to perform the job to the full capacity, fair consideration should be given to you for the position.

3. File Formal Complaint; Internally

When the above steps fail, it’s time to make a formal complaint to the upper managers. The reason why this is significant is because, if you decide to take matter to the court, you will have formal documentation that proves:

1. The entire management was aware of the issue and discrimination; it is documented
2. The company was provided with the chance to make amends

iii. You have had your rights violated

4. Obtain a Right-To-Sue Letter

Before you file an official lawsuit, you must get a right-to-sue letter from the Equal Employment Opportunity Commission. Once you file your charge of discrimination, stating the details of the violation, your case will be processed. It is important to note that if you forego this step and file a lawsuit, the judge will immediately discard your case.

5. Hire a Disability Lawyer to File Your Lawsuit

On obtaining your letter to sue, it’s time to get in touch with an experienced firm of lawyers who have the expertise and resources to fight for your disability rights. Once you have the best source in hand, the rest of the paperwork will be handled by them!

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