A Top California Employment Attorneys Representing Employees in the Hospitality and Tourism Industries
California is nationally known for its remarkable hospitality and tourism industry. With its beautiful beaches and serene mountains, it is not surprising. People cannot help but travel to our state and its range of beaches, recreation, and entertainment events. As the industry has grown so too the instances of discrimination, harassment, and retaliation upon its often-exploited employees. From San Diego to San Francisco, we have received calls from many employees who were taken advantage of by unscrupulous companies. Often, these actions included disparaging remarks or terminations based on protected characteristics. That is when the attorneys at Stephen Danz and Associates step in the rectify the situation. Our law firm and co-counsel are dedicated to representing employees in the entertainment industry. In fact, the assigned attorneys and support staff are a powerful legal team on your side and we are there for each of our clients the during the entire process. That way, we even the field when it comes to taking on the large employers and their defense counsels.
Our state’s entertainment 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.
What is Considered a Limitation of a Major Life Activity to Protect Disabled Employees?
A physical or mental condition must merely “limit” a major life activity to be a disability (as opposed to the federal ADA standard requiring a “substantial” limitation). Under the FEHA, a disability limits a major life activity if it “makes the achievement of the major life activity difficult.”
Unless a mitigating measure itself limits a major life activity, the limitation of a major life activity is determined without considering mitigating measures such as: Medications, Assistive devices, Prosthetics, Reasonable accommodations. Major life activities are broadly construed and include activities that are: physical; mental; or social; and Working.
What Disorders are Excluded from the Definition of Disability?
The following are excluded from the definition of disability: Sexual behavior disorders, such as: pedophilia; exhibitionism; and voyeurism. Compulsive gambling, Kleptomania, and Pyromania. Psychoactive substance use disorders due to the current unlawful use of controlled substances or other drugs. Mild conditions that do not limit major life activities, and which have “little or no residual effects” such as: the common cold; seasonal or common influenza; minor cuts; sprains; muscle aches; soreness; bruises; abrasions; non-migraine headaches; and minor and non-chronic gastrointestinal disorders.
Does being Overweight Count as a Protected Disability?
Being overweight may qualify as a FEHA disability, but the excess weight must be related to a physiological basis. Determining whether an individual has a covered disability is done on a case-by-case basis. Temporary or intermittent disabilities, including certain mental health conditions, may qualify for FEHA protection if they limit major life activities.
Contact Us for Any Questions
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. Let us know if you have any questions or comments. We pride ourselves on exceptional customer service.