Employment Attorneys Serving Santa Rosa, California
In Santa Rosa, California and throughout the state, job applicants and employees are protected from discrimination in the hiring process and during employment, respectively. This includes protection of unlawful termination by both federal and state laws. Stephen Danz and Associates have been protecting employees from discrimination and related employer violations. With an exceptional understanding of the law and years of experience to back it up, we help employees in harassment and illegal retaliation in the workplace. Our goal is to provide responsive, aggressive and knowledgeable representation to employees.
Our firm is one of California’s largest focusing on representing workers when employers terminate, discipline, demote, or harass employees due to the employee’s complaint or participation in investigation about discrimination, harassment, or illegal practices. We have obtained settlements and verdicts in the millions of dollars for our clients as well as represented managers and executives in severance negotiations. Clients know that when they hire us they know an attorney will personally handle their cases and ensure they are treated with the utmost professionalism and respect.
The firm prides itself on standing up for plaintiffs in cities within Northern California and Southern California since the State’s courts are as specialized and diverse as its landscape. In Santa Rosa, California, our attorneys are highly specialized and handle complex employment lawsuits where private individuals trust us to bring forth their cases in local, state and federal courts. Please see the following some of the most common laws that California employers have violated. Let us know if you have any questions or seek additional information by calling us or by completing the online intake form.
How are California Employees Protected Under Title VII of the Civil Rights Act of 1964?
(Title 42 United States Code Section 2000e et seq.)
Title VII of the Civil Rights Act of 1964 prohibits employment discrimination, including discharge, on the basis of race, color, sex, religion, or national origin. It also prohibits retaliation against an employee who opposes any practice prohibited by Title VII or who participates in any proceedings under Title VII.
An employee or job applicant who believes he or she was discharged or otherwise experienced discrimination in violation of Title VII must file a charge of discrimination with the Equal Employment Opportunity Commission within prescribed periods of time. The complainant must commence a civil action within 90 days of the EEOC’s issuance of a notice of right to sue.
A Title VII plaintiff may be able to obtain back pay, injunctive relief, attorney’s fees, and any other equitable relief that the court may deem proper. In addition, compensatory and punitive damages, up to a statutory maximum, are available in Title VII civil actions involving intentional discrimination. A Title VII plaintiff seeking such damages, who cannot recover under the federal law has a right to a jury trial.
In California, where state employment discrimination remedies closely track, and in some cases surpass, federal remedies, it is rarely wise to plead a cause of action based on federal law unless it is absolutely necessary to do so. The inclusion of a federal claim will permit the employer to remove the lawsuit to federal court, a forum generally considered to be less favorable for employment plaintiffs.
How are California Employees Protected under the Age Discrimination in Employment Act?
(Title 29 United States Code Sections 621–634)
The Age Discrimination in Employment Act of 1967 (ADEA) prohibits discrimination against persons 40 years of age and older. Litigation under the ADEA requires prior exhaustion of administrative remedies. ADEA cases may be filed without the issuance of a right to sue letter so long as the complaint is filed at least 60 days after the filing of a charge with the Equal Employment Opportunity Commission (EEOC). If, and only if, the charges are terminated or dropped by the EEOC, the complainant must file his or her federal complaint within 90 days of receiving notice of such termination.
The ADEA provides a right to a jury trial, as well as remedies including, among other things, injunctive relief, back pay, and liquidated damages for a willful violation. Although compensatory and punitive damages are not available under the ADEA, the ADEA does not preempt tort damages on pendent state claims.
How are California Employees Protected under the Americans With Disabilities Act?
(Title 42 United States Code Section 12101 et seq.)
The Americans With Disabilities Act of 1990 prohibits employment discrimination against disabled persons. A disabled person who has suffered discrimination must file a timely charge with the Equal Employment Opportunity Commission (EEOC), which will then investigate the charge. Either the EEOC or the aggrieved individual may ultimately file a civil action and receive various remedies, including equitable relief, reinstatement with or without back pay, and front pay. Limited compensatory and punitive damages are also available in cases involving intentional discriminatory conduct.