If you work in California and have a disability, you are in luck, at least compared to workers in other states. California’s Fair Employment and Housing Act (FEHA) is one of the most protective disability discrimination laws in the country, and it exceeds federal law, the Americans with Disabilities Act (ADA), in nearly every important respect. The Legislature made this explicit […]
read moreFair Employment and Housing Act (FEHA) provides employers with several legitimate defenses to disability discrimination claims, while maintaining strong protections for disabled employees. These defenses reflect the balance between protecting disabled individuals’ rights and recognizing legitimate business needs and safety concerns. Undue Hardship Defense: Government Code Section 12940(m) allows employers to avoid providing reasonable accommodation if they can demonstrate that doing […]
read moreFair Employment and Housing Act (FEHA) provides significantly broader protections than the Americans with Disabilities Act (ADA) in numerous critical areas, reflecting California’s leadership in disability rights and its commitment to exceeding federal minimum standards. Government Code Section 12926.1(a) explicitly declares that the law of this state in the area of disabilities provides protections independent […]
read moreRetaliation is one of the most dangerous weapons in an employer’s arsenal, and California law treats it as such. When an employer punishes an employee for exercising their legal rights, they are not just harming that individual worker. They are sending a message to every other employee: keep your head down, keep your mouth shut, […]
read moreCalifornia Fair Employment and Housing Act (FEHA) establishes a comprehensive framework prohibiting various forms of disability discrimination in employment, creating multiple causes of action that address different aspects of discriminatory treatment. These prohibitions reflect California’s commitment to ensuring that disability never serves as a basis for adverse employment decisions or workplace mistreatment. Discrimination Under Government Code Section 12940(a): California Fair Employment […]
read moreIf you are wondering whether you have a viable employment case, you are asking the right question, but it is not one with a simple answer. Every case depends on specific facts, timing, evidence, and a dozen other variables that can make or break your claim. That said, understanding what employment attorneys look for can […]
read moreFair Employment and Housing Act‘s coverage extends to a broad range of employers while protecting a comprehensive class of individuals, reflecting California’s commitment to ensuring widespread protection against disability discrimination. The Act’s coverage provisions are designed to reach more employers than federal disability laws while providing protection to diverse categories of workers and applicants. Employer […]
read moreThe Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), the California Pregnancy Disability Leave Law (PDLL), and California Paid Family Leave (PFL) provide robust leave protections for employees and workers. Below is a brief explanation. The Family and Medical Leave Act (FMLA) The federal Family and Medical Leave Act provides eligible employees with up to 12 workweeks of unpaid leave within a 12-month period. Under the […]
read moreYes, you can pursue a sexual harassment lawsuit in California without a witness. Under the California Fair Employment and Housing Act (FEHA), there is no legal requirement that witnesses be present to substantiate a sexual harassment claim. This is so prevalent that the courts developed a special test for harassment and discrimination cases called the McDonnel Douglas test. This is based on a case decided […]
read moreFor disabled employees. the interactive process under FEHA is supposed to ensure a meaningful dialogue between employers and disabled employees to identify effective reasonable accommodations. Government Code Section 12940(n) makes failure to engage in this process a separate unlawful employment practice. Below is some information concerning the employer’s duty to engage in the interactive process. It’s the Employer’s Obligations! Employers must engage in a “timely, good faith interactive process” in […]
read moreYour job is more than just a source of income. It is a major part of your lifestyle. If you have been the victim of wrongful termination, wrongful demotion or any kind of discriminatory business practices, it is time to take action and contact a Ventura employment law attorney that can help. Attorney Matthew A. Kaufman and the team at The Kaufman Law Firm bring experience and a vast arsenal of legal resources to help clients recover the money they deserve.
To learn more, contact our California law office today and schedule an initial evaluation to discuss your case.