Santa Clara Employment Discrimination Attorneys
As a statewide California employee-side law firm, we have the experience and resources to ensure that Santa Clara employees are adequately represented. Throughout every sector and covering employers with more than five employees, federal and state laws ensure that employees have the right to a safe, secure and fair workplace free from discrimination. If you have been the victim of employment discrimination at work, our attorneys are here to fight for you. With decades of collective experience and the resources to take on the largest corporations, our firm is well positioned to fight on behalf of all victims of employment discrimination based on Age (40 or over), Sex/Gender/Sexual Orientation, Religion, Mental or Physical Disability, Race, Ethnicity, Marital Status, National Origin/Ancestry, Medical Condition or Pregnancy.
California Fair Employment and Housing Act (“FEHA”) and Title VII of the Civil Rights Act (“Title VII”) ensure that the above-protected classes are not taken into consideration by employers when they render compensation, benefits or other employment-related decisions.
FEHA applies to California employers with five or more employees. Recently, FEHA’s definition of what an employee is for the purposes of coverage expanded to include employees that do not work within the borders of California. As long as there is one employee working in California, the total number may include the other out of state workers toward FEHA’s five employee threshold. In addition, workers do not have to be employees and may be unpaid interns or volunteers to add up to FEHA’s five workers requirement. Title VII applies to all employers that have 15 or more employees. There is also an interesting expansion to the enforcement ability of the Department of Fair Employment Housing (“DFEH”). Currently, DFEH regulators may act to prevent discrimination or harassment in the workplace even if such violations have not taken place yet.
Our attorneys have a thorough understanding of the laws that govern civil rights violations, including Americans with Disabilities Act (“ADA”), Civil Rights Act, Age Discrimination in Employment Act (“ADEA”), Equal Pay Act (“EPA”) and California’s Fair Pay Act, Pregnancy Disability Leave (“PDL”) and the Family and Medical Leave Act (“FMLA”). Our careful application of the laws to our clients’ cases has led to us recovering more than $100 million in settlements and awards.
To discuss your case and explain what we can do for you, speak to our San Francisco based employment discrimination attorneys today for a free consultation. Call us at 877-789-9707.
Santa Clara Retaliation Attorneys
At the foundation of workplace retaliation lawsuits, complaints center on the illegality of employers in retaliating against employees that reported harassment, discrimination, or other unlawful activity in the workplace. This law applies to both employees at will and contractors. Many federal and state statutes contain anti-retaliation provisions. They include protections under California Labor Code 1102.5, Whistleblower Protection Act, False Claims Act, health and safety code, and many others.
If an employer retaliates by terminating an employee or rendering other negative impacts, the employee may be eligible for compensation, reinstatement, attorneys’ fees, lost wages, lost benefits, emotional suffering, and at times even punitive damages.
The California False Claims Act (“FCA”) is modeled after the federal FCA. In California, it is illegal to retaliate against employees who inform the government or law enforcement where those employees had reasonable cause to believe that the information revealed a violation or noncompliance with a state or federal statute or regulation.
California also has statutes that protect health care workers and patients by prohibiting health care facilities from retaliating or discriminating against them for complaints about premises’ safety conditions or quality of care. The purpose of the statute is to protect those who are charged with ensuring the health and safety of the patients as well as protecting the actual patients. The statute provides a rebuttable presumption of retaliation if, within 180 days of the filing of a grievance or complaint by a patient, the facility discriminates against a patient. Similarly, a rebuttable presumption of retaliation exists if, within 120 days of the filing of a grievance or complaint by a health care worker, the facility discriminates against the worker. A violation of this section subjects the facility to a civil penalty of $25,000 in addition to a misdemeanor punishable by a fine of up to $20,000.
The employee who has been discriminated against in employment under this section shall be entitled to reinstatement, reimbursement for lost wages and benefits caused by the acts of the employer, and legal costs, or to any remedy deemed warranted by the court. A health care worker who has been discriminated against under this section shall be entitled to reimbursement for lost income and legal costs, or to any remedy deemed warranted by the court. Finally, the Health and Safety Code 1432 extends retaliation protection to workers and patients at long-term health care facilities.
To review your case, speak to our Santa Clara workplace retaliation attorneys by calling today for a free consultation. Call us at 877-789-9707.
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“I can’t say enough good things about Stephan Danz & Associates. Our case was particularly challenging, one that would likely have frightened off less skilled attorneys. Steve personally addressed our case, guiding us calmly through every step and ensuring that the process was civil and dignified. In the end, Steve negotiated a tremendous settlement for my co-plaintiff and me. Although more than five years have passed since our case began, I continue to send clients to Steve and his impressive team of attorneys.
Discrimination Attorney Santa Clara