California Employment Attorneys Representing Employees in the Oil and Gas Industry
California’s drilling operations and oil production are concentrated almost entirely in Kern County, San Joaquin Valley and the Los Angeles basin. Oil and gas include a vast distribution network where development leads to shipment through pipelines and field operations. Therefore, this area is extremely labor intensive. Accordingly, we have also seen a major upswing in the number of discriminatory cases in this field. To combat such violations, Stephen Danz and Associates has aggressively represented many oil and gas employees who were affected. We are dedicated to representing employees in this field.
Our law firm attorneys and support staff, as well as co-counsel, 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 oil and gas 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 Prohibited Conduct Against California Employees under FEHA?
The FEHA prohibits employers in limited circumstances from engaging in a wide range of prohibited conduct related to employees, applicants, and other persons based on their membership in a protected classification. In general, the FEHA prohibits employers from discrimination, harassment and certain job application inquiries.
- Discriminating against any employee, applicant, unpaid intern, or apprentice based on a protected characteristic as to: (i) hiring or selection for a training program leading to employment, an unpaid internship, or another limited duration program to provide unpaid work experience; (ii) compensation; (iii) termination from employment or a training program leading to employment; or (iv) the terms, conditions, or privileges of employment.
- Harassing employees, applicants, unpaid interns, volunteers, or independent contractors based on a protected characteristic.
- Making a non-job-related inquiry, verbally or through a job notice or application, that directly or indirectly expresses any limitation, specification, or discrimination about a protected characteristic.
- Retaliating against any person who has opposed any unlawful practices under the FEHA or has filed a complaint, testified, or assisted in any proceeding related to the FEHA.
How Are Employees Discriminated Against due to Race, Color, National Origin and Ancestry?
Language Restrictions and English-Only Policies are an example. The FEHA expressly prohibits an employer from adopting or enforcing a policy that limits or prohibits the use of any language in the workplace, including an English-only policy, unless it meets all of the following criteria:
- The language restriction is justified by “business necessity,” which means an overriding and legitimate business purpose, such that: (i) the language restriction is necessary to the safe and efficient operation of the business; (ii) the language restriction effectively fulfills the business purpose it is supposed to serve; and (iii) there is no alternative practice that would accomplish the business purpose equally well with a lesser discriminatory impact.
- The language restriction is narrowly tailored. The employer has notified employees of the circumstances and time when the language restriction must be observed and the consequences of violating it. A language restriction is not sufficiently justified if it is based on either: (i) Business convenience, or (ii) Customer or co-worker preference.
Even if lawful during working time, English-only rules are not lawful during an employee’s non-work time, such as breaks, lunch, unpaid employer-sponsored events, and so on. If justified by business necessity, an employer may ask an applicant or employee for information about their ability to speak, read, write, or understand any language, including languages other than English.
Why Contact Us?
We are one of the top-rated statewide plaintiff-only law firms in California. 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.