California Employment Attorneys Representing Employees in the Construction Industry
Aside from having many safety protocols to comply with, employers in the construction industry must also comply with state and federal labor laws. Unfortunately, too often, we hear of much neglect of such laws in this field. In fact, there are specific laws aimed at curbing discrimination and harassment within Construction such as the recently enacted SB 530. Under this law, the Department of Labor Standards Enforcement (“DLSE”) is directed to develop industry-specific harassment and discrimination prevention policy and training protocols for construction industry employers. The reason for such laws on top of California’s Fair Employment and Housing Act (“FEHA”) and Title VII of the Civil Rights Act of 1964 (“Title VII”) is because of the rampant occurrence of discrimination and harassment within the construction industry.
To combat such violations, Stephen Danz and Associates and co-counsel have aggressively represented many construction employees who were affected. We are dedicated to representing employees in this field. Our law firm attorneys and support staff are a powerful legal team on your side. We even the field when it comes to taking on the large employers and their defense counsels. California’s construction industry is diverse and complex. It is also one of the largest industries in the United States. Accordingly, employees who face discrimination, retaliation, harassment, wrongful termination, or related employer prohibited activity, should seek the help of competent and knowledgeable California employment lawyers. The attorney you trust should have the experience and fortitude to stand against the largest defense firms, and not be concerned about litigation.
How is Sex and Gender Discrimination Affecting Employees in the Construction Industry?
Heavily. Due to this male-dominated industry, we have seen a growing number of cases of sex and gender discrimination in the Construction industry. Under the FEHA, sex refers not only to a person’s sex assigned at birth (male or female), but also to: Pregnancy or related medical conditions, Childbirth or related medical conditions, Breastfeeding or related medical conditions, Gender, and Gender identity, which means a person’s internal understanding of their gender or the perception of a person’s gender identity, which may include: male; female; a combination of male and female; neither male nor female; a gender different from the person’s sex assigned at birth; or transgender.
What is Considered Gender Expression to be Protected by FEHA?
Gender expression means a person’s gender-related appearance or behavior, or the perception of such appearance or behavior, regardless of whether it is stereotypically associated with the person’s sex assigned at birth. However, “Transgender” is a generic term for a person whose gender identity is different from their sex at birth. Such persons may or may not have a gender expression that is different from social expectations of their sex at birth identify as transsexual.
“Transitioning” is the process some transgender people undergo to begin living as the gender with which they identify, which may include changes in name and pronoun, bathroom and facility usage, participation in activities such as: sports teams; hormone therapy; sex reassignment surgery; or other medical procedures.
Are Pregnancy, Childbirth and Breastfeeding Considered Protected Medical Conditions under FEHA?
Yes. Pregnancy, childbirth, and breastfeeding are included as protected medical conditions. The regulations provide a broad definition of pregnancy-related disability. A female employee is “disabled by pregnancy” if, in the opinion of her health care provider, she is unable because of her pregnancy to perform: one or more essential functions of her job; or any of these functions without undue risk to herself, to her pregnancy’s successful completion, or to other persons, suffers from severe morning sickness, needs to take time off for certain reasons which include, but are not limited to, the following: prenatal care; postnatal care; bed rest; gestational diabetes; pregnancy-induced hypertension; preeclampsia; post-partum depression; childbirth; loss or end of pregnancy; or recovery from childbirth, loss, or end of pregnancy.
Why Contact Us?
Our leadership has practiced law in California for five decades. Accordingly, the experience, resources, and years of litigation prepared us to fight for your legal rights in California’s state and federal courts. The team focuses only on employment law and therefore can provide clients with maximum compensation and most favorable results. This is critical as employment laws constantly change – whether it is the types of charges, defenses, deadlines, or court rules. Trust our team for its transparency, knowledge and constant communication.