Sacramento Employment Law Attorney

Sacramento Discrimination Attorney

Sean Gavin — Sun, 22 Apr 2012 14:09:11 +0000

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.

Racial / National Origin Discrimination

Whether you are African American, American Indian, Asian, Mexican, Vietnamese, Filipino, or of any other race or ethnicity, you are entitled to be treated fairly in the workplace. Your race or ethnic background cannot be used by an employer for making any employment decision, including recruitment, hiring, firing, or layoffs.

The law also prohibits harassment based on race and ethnicity. Coworkers or employers who engage in offensive conduct, such as ethnic slurs, are creating a hostile work environment and the organization may be violating Title VII of the Civil Rights Act of 1964, as well as the California Labor Code.

Religious Discrimination

Religious discrimination and harassment can take many forms. In some cases, it may not be easy to pinpoint the harassment taking place This is why it’s important to get in touch with a qualified and experienced religious discrimination attorney who can evaluate your case and explain your rights. The California religious discrimination attorneys at Bowman & Associates will aggressively fight for your rights in court and help you recover for all damages.

Unfortunately, employment discrimination – whether subtle or overt – still plagues many industries and affects employees at all levels of business. If you feel you were discriminated against in the hiring process or were denied advancement opportunities due to your age, race, gender or religion anywhere in Northern California, please contact our Sacramento employment discrimination attorneys at Bowman & Associates today for a free and completely confidential consultation.

Sacramento Pregnancy Discrimination Attorney

Sean Gavin — Tue, 13 Mar 2012 17:52:24 +0000

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.

Pregnancy discrimination can be based on actual pregnancy, childbirth or medical conditions related to the pregnancy. It is illegal for an employer in Sacramento to discriminate against an employee based on any of these factors, or to ask if a female employee is or intends to become pregnant.

Further, an employer must make reasonable accommodations for a pregnant employee. For example, if the employee is working a job that causes bodily strain or stress, she can request to be moved to another position. The failure to accommodate a pregnancy is an act of discrimination. Here is an incomplete list of more items that may be considered pregnancy discrimination:

Demotion before, during or immediately following your leave
Wrongful termination before, during or following your leave
Removal of responsibilities
Interference with FMLA or paid maternity leave
Other discriminatory treatment

Although the law prohibits discrimination based upon pregnancy, employers continue to violate this prohibition. Although prior performance reviews may have been flawless, many women come back from leave and are frequently set-up for a poor performance review.

Pregnancy Harassment

It is unlawful for an employer, or co-employee, to harass a female on the basis of pregnancy. We have seen some horrendous cases where female employees have been subjected to comments such as “fat cow,” “whale,” “breeder,” and other comments such as requests to drink breast milk, which have led to lawsuits and significant settlements.

Payment of Wages

The FEHA provides for disability pay for pregnant women who take leave for medical complications related to pregnancy and childbirth. The State Disability Insurance Law may also provide partial compensation to employees disabled due to pregnancy or childbirth, and to parents who take time off from work to bond with a new child.

Pregnancy Discrimination Lawyers in Sacramento

Employers have real incentives to hire women who are not likely to become pregnant. There are inconveniences when workers need to deal with child care or take family or maternity leave. For a small employer, a single pregnancy may be enough to change the cost equation for health insurance or other fringe benefits. Discrimination against a woman for hoping to become, being or having complications with pregnancy does not have to be tolerated.

The pregnancy discrimination law firm of Bowman & Associates helps clients across California from our offices in Sacramento and Folsom. If you or someone you know has legal questions, contact our attorneys for a free consultation. We will discuss your case for free and provide a thorough case evaluation.

El Dorado Hills Sexual Harassment Attorney

Kara Keister — Mon, 13 Feb 2012 15:59:35 +0000

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.

Sexual harassment usually occurs in one of two guises. The first is the “classic” yet infrequent “quid pro quo” scenario, which involves a proposed exchange. Examples include:

Sexual favors in exchange for a raise or promotion
Sexual favors in exchange for not being terminated

The second involves an atmosphere of harassment, intimidation and/or discrimination. Examples include:

Unwanted jokes, gestures and comments
Stalking behavior or unwanted gifts
Sexually assaulted or subjected to unwanted sexual touching
Repeated unwanted requests for dates
Transmitting, displaying or posting sexual emails or pictures
The playing of sexually suggestive videos or music

Sexual Harassment & Job Promotions

If you feel that your success in your job depends on your willingness to go out with, or worse yet, sleep with your boss, or you were demoted, failed to get a job promotion, or you were punished in some way because you refused to go out with or provide sexual favors to an owner, supervisor or manager, contact our experienced El Dorado Hills sexual harassment lawyers for a free case evaluation.

If you believe you are a victim of sexual harassment in the workplace, please contact our El Dorado Hills sexual harassment attorneys today and we can help you with this often difficult process. We will guide you through the steps, informing you of all of the legal aspects and all of your options. Armed with the legal knowledge and clear understanding of your goals, together we will determine the best course of action for you. Call or email today to schedule your free case evaluation.

Discrimination And Retaliation Against Police Officer

David P. Foos — Sun, 05 Feb 2012 17:11:20 +0000

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.

Your Compassionate Legal Team

Robert C. Bowman Jr. — Mon, 30 Jan 2012 15:06:26 +0000

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.

Woodland Sexual Harassment Attorney

Robert C. Bowman Jr. — Mon, 30 Jan 2012 13:46:18 +0000

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

Regulations issued under the California Fair Employment and Housing Act require employers to train their supervisors to recognize and report sexual harassment in the workplace. At Lawless & Lawless, our lawyers are prepared to guide working women through the process of documenting, reporting, investigating, and filing suit on claims for sexual harassment.

An employee that is the target of sexual harassment must at least remember to do two things. First, make sure the harasser clearly knows that their conduct is unwelcome. Second, make sure that the employer knows of the situation, preferably in writing. If the sexual harassment continues, it is important to speak with a Woodland, CA sexual harassment lawyer. An experienced attorney can help you understand your rights and make sure they are protected in your workplace.

If you have been subjected to any type of sexual harassment at work, it is important to get experienced legal representation in Woodland to protect your rights and your security. The following are the two most common types of illegal sexual harassment:

Quid pro quo: If a supervisor, manager or other authority figure in your workplace has demanded a sexual favor or act in exchange for letting you keep your job or giving you a raise or promotion, this may be considered quid pro quo (“thing for a thing”) harassment.
Hostile work environment: If your employer has engaged in or permitted pervasive, unwanted, sexually tainted behavior such as inappropriate jokes, rude remarks and distribution of pornographic images, you may have a hostile work environment claim.

The Woodland sexual harassment attorneys of Bowman & Associates help clients across Northern California. If you or someone you know has legal questions about filing a sexual harassment claim, contact our experienced employment law attorneys today for a free case evaluation. You don’t have to put up with it at work.

Continuing Violation Doctrine – Sacramento Employment Lawyer Explains

David P. Foos — Mon, 23 Jan 2012 12:56:51 +0000

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.

The Sacramento employment law attorneys at Bowman & Associates have many years experience in defending the rights of workers. If you have been the victim of discrimination or harassment, or have been wrongfully terminated do not hesitate to call us for a free consultation to discuss your case. I am Retired Superior Court Commissioner, David Foos, and I will speak to you and do everything possible to get you justice. I can be reached at (916) 923-2800, or on the web at dfoos@bowmanandassoc.com.

California Supreme Court finds that Insurance Adjusters are covered under over-time law

David P. Foos — Sun, 01 Jan 2012 14:49:36 +0000

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.

University Professor Loses Case for False Arrest and Libel

David P. Foos — Thu, 29 Dec 2011 20:25:49 +0000

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.

In regards to the defamation cause of action this ruling demonstrates the difficulty in winning such a suit. There must be a statement which is false and not just an opinion of the speaker. If you feel that you have been defamed I can discuss this matter with you in a free consultation and let you know if you have a good lawsuit. I have handled many such cases in Sacramento and California and will help you. Call me, David Foos, Retired Sacramento Superior Court Commissioner at (916) 923-2800 or email me at dfoos@bowmanandassoc.com.

Obese Worker Sues Employer for Disability Discrimination

David P. Foos — Sun, 25 Dec 2011 13:04:54 +0000

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.