Modesto Employment Attorneys

Modesto, California – Employment Attorneys

Employment laws show how our state and federal lawmakers are committed to protecting some of the most vulnerable populations – employees.  When illegal conduct occurs in the workplace, employees need an advocate to even the playing field and ensure that any behavior or action that interferes with the employee’s right to perform and provide for his or her family is halted.  Employers may not create an offensive or intimidating work environment or harass (or even allow supervisors to harass) any employees.   If this takes place, the employment discrimination and retaliation attorneys at Stephen Danz and Associates can and will help recover compensation.

Our attorneys have, for years, protected the rights of those subjected to discrimination or retaliation in violation of federal laws like Title VII of the 1964 Civil Rights Act, as amended, and Section 1981 of the Reconstruction Era Civil Rights Act.  In addition to the federal laws, there are state laws such as the California Fair Employment and Housing Act (“FEHA”) that protect employees.   When faced with such violations, employees have come to us for relentless representation because we provide results and are not concerned about having to litigate.  For fifty years, we have represented employees who suffered discrimination based on their race, sexual orientation, religion, gender, age, ethnicity, disability, taking of protected leave for medical reasons, or to care for a family member under the Family and Medical Leave Act or the California Family Rights Act, national origin, including pregnancy discrimination.

Stephen Danz and Associates, as well as their affiliates, represent Modesto, California employees who have experienced discrimination, wrongful termination, sexual harassment, unequal pay, and retaliation and their employment rights were violated.  Our experienced and dedicated attorneys understand the client needs to protect his or her rights and income as well as the ability to continue to work.  When you trust us with your case, we represent you and your interests with confidence and transparency.  Our reputation speaks for itself as we tirelessly work to represent your employment interests so that your professional and financial futures are protected.

We devote our practice to fighting for workers’ rights.  Employment law in California is a specialized area and cases are hard-fought.  Therefore, having one of the highest-rated employment attorneys is critical.  If you are in Modesto, California and searching for attorneys that are both experienced and aggressive, look no further and contact our office.  When encountering discrimination, wrongful termination, or retaliation in the workplace, many California employees have turned to our offices for guidance.  In turn, we represent employees throughout California in their fight against employers that have taken advantage of their upper hand.  Our attorneys cover cities in Northern California and Southern California as the State’s courts are as specialized and diverse as the State’s landscape.

Where Can I find Guidance on Sexual Harassment?

To aid in prevention of harassment from occurring, the Department of Fair Employment and Housing has published a Workplace Harassment Guide for California Employers.  To understand what your employers must provide in the workplace, this is a handy start.  The Guide discusses, among other things:

  • The attributes of an effective anti-harassment program
  • The steps required to conduct a fair investigation
  • Recommended practices for conducting workplace investigations –and–
  • How to implement effective remedial measures once misconduct has been established

Employees who notice that their employers have not taken steps to comply with this guide will have a stronger discrimination case.

What is an Employer’s Vicarious Liability for Harassment?

Under the FEHA, an employer is strictly liable for all acts of harassment by a supervisor. “Supervisor” is defined under the FEHA to mean any individual who has the authority of the employer to use his or her independent judgment to take the following actions with regard to other employees:

  • Hire
  • Transfer
  • Suspend
  • Lay off
  • Recall
  • Promote
  • Discharge
  • Assign
  • Direct
  • Reward
  • Discipline
  • Adjust their grievances

(Cal. Gov. Code § 12926(t).)

What is the Employer’s Duty to Reasonably Accommodate Pregnancy?

Under the FEHA, pregnancy itself is not considered a disability, but a woman may be disabled by pregnancy and would then be entitled to reasonable accommodations pursuant to Cal. Gov. Code § 12945.  Cal. Gov. Code § 12945(a)(1) requires that all employers provide leave up to four months to an employee disabled by pregnancy.  Employees disabled by pregnancy are eligible for up to four months of leave per pregnancy (not per year) under the FEHA. (2 CCR § 11042(a)(1).)  They may also be entitled to leave under the California Family Rights Act (CFRA). (Cal. Gov. Code § 12945.2.)

The Department of Fair Employment and Housing (“DFEH”) published a notice on pregnancy rights to replace the former “Notice A” that employers with fewer than 50 employees and therefore not subject to the CFRA were required to post pursuant to the FEHA. (2 CCR § 11049(e)-(f).)  The key aspects of the former “Notice B,” which employers with 50 or more employees were required to post to give notice to employees of their potential right to leave under the CFRA, have been incorporated into the new notice. The updated notice, effective April 1, 2016, and titled Your Rights and Obligations as a Pregnant Employee, is available on the DFEH website. Employers use this notice to satisfy posting requirements under the FEHA.