Title VII of the Civil Rights Act prohibits employers from discriminating against employees and applicants on the basis of their race, color, gender, religion, national origin, or in reprisal for participating in prior EEO activity. The Age Discrimination in Employment Act prohibits age discrimination, the Rehabilitation Act and Americans with Disabilities Act prohibit discrimination on the basis of disability, and the Genetic Information Nondiscrimination Act prohibits discrimination on the basis of genetic information.

Disability Discrimination

The federal Americans with Disabilities Act prohibits most private employers and all public employers from discriminating in hiring, promotion, termination or any job are on the basis of a disability. Employers are not required to hire or retain people who cannot perform the job, but they may be required to make reasonable accommodations for an employee’s disability in order to enable that employee to perform the job duties. Read More »

Pregnancy discrimination in Sacramento can manifest in a number of ways. Failure to hire young women or failure to promote young women, out of an apparent fear that they might become pregnant, may indicate a general corporate policy. While on maternity leave, you might find that your position had suddenly been eliminated, with your responsibilities reassigned. After returning from maternity leave, you may find that you are denied opportunities for career advancement.

You have rights under the Family Medical Leave Act (FMLA) and under California law, as well, such as under the Fair Employment and Housing Act (FEHA). Too many employers refuse to make reasonable accommodations for their pregnant employees, such as not giving you more rest breaks or not allowing you time during the work day to see your OB/GYN. Moreover, if you went out on maternity leave, your employer must give you your same job back when you return from maternity leave or offer you a comparable position. Often times employers “lay off” mothers returning to the workforce. That is illegal in almost all instances. Read More »

Many employees do not know where the line is drawn or do not feel comfortable reporting sexual harassment or confronting the abuser. Sexual harassment can be perpetrated by co-workers, by a supervisor or manager, or even by a customer or client. It can occur in the open or in private. It can be male-to-female, female-to-male or same-sex harassment.

You, as an employee, have certain liberties that cannot be violated in the workplace. Sexual harassment invades those rights. If you have been subject to inappropriate acts by another employee, it is important to contact our El Dorado Hills workplace sexual harassment lawyers as soon as possible. Read More »

In the recent case of Lore v. City of Syracuse the United States District Court found that the Syracuse, New York Police Department and the City of Syracuse discriminated against a female police Sargent when she was demoted from the position of police information officer and given a lessdesirable patrol position. At the time a city official said that “woman should be seen and not heard.” In addition, the Court found that the police department was guilty of retaliation when soon after the officer made a complaint to the U.S. Equal Employment Opportunity Commission she received anonymous threats on her home phone and received even less desirable positions.

Our skilled employment law attorneys help clients across Northern California from our offices in Sacramento and Folsom. If you have been the victim of gender discrimination or harassment on your job please do not hesitate to call me or send me an email at dfoos@bowmanandassoc.com. I offer free case evaluations and have won many huge settlements for my clients.

The caring lawyers and staff of the Law Offices of Bowman & Associates, APC. practice a hands-on approach with our clients. We take pride in being able to offer affordable legal services to California residents:

• helping discriminated employees fight back against their work;
• helping people receive their unpaid wages;
• helping victims of sexual harassment get compensation from their employers;
• helping those wrongfully terminated employees get the money they deserve;
• and more.

At our law firm, it is not uncommon for your attorney to give you their personal cell phone number and take calls over the weekend when you have important legal questions.

At our law firm we offer free initial consultations to evaluate your case.

At our law firm your case is the most important and we put all our resources toward fighting for your rights.

But don’t take our word for it, check out what other people had to say…

“Fantastic! Robert has been an incredible help during a very stressful, constant custody battle. He’s always been there to answer the phone and provide advice, drastically lowering my stress level and anxiety. He was right, it takes a little time, but our court arrangement is finally both in the best interest of my son and fair to me.” – Heather via Google Places

This firm went way above the call in regards to my case, attorney Ken Torlelson is a fantastic lawyer with lots of wit and experience. I would call them first anytime in the future when the need arises. And will refer this office to all my friends and family with there needs. – David M. on Yelp

The seasoned labor lawyers of Bowman & Associates help clients across California from our offices in Sacramento and Folsom. If you or someone you know has legal questions regarding wrongful termination, unemployment compensation, sexual harassment, retaliation, discrimination and employment law matters. Contact us today for a case evaluation.

The U.S. Equal Employment Opportunity Commission (EEOC) defines sexual harassment to include harassing behavior in the workplace such as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. This can include quid pro quo offers of employment for sex or actions designed to cause you humiliation. Sexual Harassment in the workplace can take a variety of forms, in addition to unwanted sexual advances, including:

• Offering employment benefits in exchange for sexual favors (quid pro quo harassment)
• Threatening reprisals after a negative response to sexual advances (retaliation)
• Visual conduct: leering, displaying of sexually suggestive objects or pictures, cartoons or posters, or making sexual gestures
• Verbal conduct-making derogatory comments or jokes
• Verbal sex advances or propositions
• Verbal abuse of a sexual nature
• Physical conduct: touching, assault, blocking movement

Read More »

When making a claim of harassment or discrimination a complainant is usually limited to acts that occurred within one year of the complaint to the complaining agency. However, if the employee can demonstrate that the acts were a part of a “continuing violation” and at least one act occurred during the one year period the Court can consider acts that are older. The acts must be part of a pattern of discrimination. In a recent case, Sepulveda v. Municipality of San German, out of the U.S. Court of Appeals for Puerto Rico, the court held that the acts outside of the one-year period must amount to a “hostile work environment.”

A hostile work environment is defined as work where the discriminatory conduct is severe and pervasive – occurring frequently. Also, the conduct must unreasonably interfere with the employee’s work performance. In the Sepulveda case the Court found that the acts were not severe – there had been no physical threats, and was not pervasive – there was only one act outside the one year period of harassment. The case dealt with harassment of a gay man in regards to his sexual preference. In addition, the Appeals court found that even though there was evidence that Sepulveda had to get counseling because of the harassment, and there was no evidence that his work performance was affected. As a result, the Court threw out Sepulveda’s lawsuit. Read More »

California wage and hour law requires that employees are to be paid over-time wages if they work more than 8 hours in one day or more than 40 hours in one week. Certain workers are classified as “exempt” employees and are therefore excluded from the law. Last week the California Supreme Court held that insurance adjusters are not exempt and are covered under the law. In this case it involved all adjusters working for Liberty Mutual or Sentry Insurance.

When employers do not pay earnings due it becomes an unpaid wages case. Our experienced Sacramento labor lawyers help clients through this difficult technical process and fight for your rights. We get you the compensation you deserve.

If you have a wage claim or any employment issue please call me, David Foos, at 916-923-2800, or email me at dfoos@bowmanandassoc.com. All first consultations are free.

In a recent case the New Hampshire Court found against a professor that had been arrested for disturbing the peace and stalking another professor, but later was found not guilty in a trial. Even though he won at trial the Court found that there was sufficient cause to have had him arrested. The Court found that the University of New Hampshire was justified in suspending the professor with pay and from banning him from the campus. The University had sent an email to all of the faculty telling them to avoid the professor and report it if they saw him on campus. The professor sued for libel based on this email claiming that it created the impression that he was dangerous and armed. The Court held that the email could be interpreted as just warning faculty to report the professor and that there was no defamation because the comments were not false and that there was no intent to damage the professor’s reputation. Read More »

A worker in Houston, Texas recently sued his employer for discrimination based on his disability of obesity. The law recognizes that an employer cannot discriminate against an employee based on them being a member of a protected class such as gender, race, or disability. To demonstrate disability discrimination the employee must first show that she has a recognized disability. In California obesity has not been recognized as a disability, however, the side effects of obesity, heart disease, diabetes, difficulty walking, may be conditions that are protected under the law. Also, some cities, such as San Francisco, have passed laws making it illegal to discriminate against the obese. Once it is demonstrated that the employee has a recognized disability the employee must show that an adverse action has been taken. An adverse action is defined as an action which materially affects the terms and conditions of employment such as demotion, firing, or an re-assignment of job responsibilities.

If you believe that you have been the victim of job discrimination in Sacramento and would like to discuss the matter with an attorney please feel free to contact me, David Foos, Retired Sacramento Superior Court Commissioner, or our other employment attorneys at Bowman and Associates. Our number if (916) 923-2800 or I can be reached by email at dfoos@bowmanandassoc.com. The consultation is at no cost to you.