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Sherman Oaks Employment Law Blog

Will my disability prevent me from getting a job interview?

You're a college graduate. You're well qualified for a job in your field. You have a disability that isn't outwardly visible, but it likely could be a factor when you interview or take a test for a job. You're scared you won't be able to complete the interview process.

That isn't the case. There are laws to protect you.

Speak up if you construe compliments as sexual harassment at work

We all love compliments. They usually make us feel good about ourselves, and sometimes, they come at a time when we need them the most.

But we don't love all compliments. Sometimes, instead of making us feel good, they can make us feel scared or demeaned.

How do you prove a constructive discharge claim?

Discriminatory employers can't simply fire a worker because he or she is a member of a specific race or religion. For this reason, they could make working conditions so intolerable that the employee decides to quit. When this happens, it's called "constructive dismissal" – and just like firing someone for discriminatory reasons is unlawful, constructive dismissal is also a violation of state and federal employment laws.

The basic premise of a constructive dismissal case is that the employer indirectly committed wrongful termination because life had become so difficult that the employee did not have any reasonable alternative. To prove that a wrongful dismissal has occurred, former employees need to show the following:

Is it legal to discriminate against employees based on their DNA?

Imagine you reported to a job interview, and your future boss asked you to spit into a cup. You don't have any strands of DNA that could produce a red hiring flag, so you get the job. The guy behind you, on the other hand, isn't so lucky. Although you're both the same in every respect, the other person has a DNA signature that your boss doesn't want.

This is an imaginary situation, of course. But frighteningly enough, it's conceivable. That's why U.S. lawmakers created "GINA" the Genetic Information Nondiscrimination Act. Under GINA, employers cannot make any kind of employment decisions based on the unique DNA signatures of an applicant.

2 reasons why sexual harassment victims fail to come forward

When viewing the situation from the outside, some individual could wonder why a victim of sexual harassment fails to come forward. However, as soon you experience sexual harassment for yourself, the highly personal reasons become clear. In fact, every case of sexual harassment is different, and often it's a variety of factors that lead victims to remain silent. Here are two common reasons why:

Shame

How does the Americans with Disabilities Act help?

Americans who have documented disabilities used to suffer from immense discrimination. Often, they were unable to find gainful employment and needed to rely on others – typically generous family members -- for their financial support and other needs. These days, the situation is dramatically different. Although there are many men and women with disabilities who still need to rely on others, there are countless more who make vital contributions to their communities through their employment.

This is partly because more Americans with disabilities have gained the emotional and psychological strength to push past what society used to view as "disabilities," and show that they are capable of contributing to the world on the same level as other "nondisabled" employees – and often exceeding them. It's also because of the Americans with Disabilities Act (ADA), which protects workers with disabilities from unequal treatment related to employment.

Age discrimination explained

If you're over the age of 40, you benefit from protection under the Age Discrimination in Employment Act (ADEA). Under the provisions of this federal law, employers cannot discriminate against employees on the basis of their ages if the employee is 40 years of age or older.

The ADEA protects employees during all stages of employment, from advertising for a position, to hiring, to firing, to promotions and pay. It even applies to apprenticeship programs.

Signs you could be facing age discrimination at work

Are you feeling that your age is becoming an issue at work? This can be extremely frustrating since you may be feeling the most useful and confident in your job now than ever before. New research is backing up the fear of age discrimination, showing that more than half of older working Americans are getting pushed out of their longtime jobs before they want to.

The sentiment of workers backs up the new data. When AARP asked workers between 45 and 74 about age discrimination, here is what they heard back:

3 kinds of wrongful termination explained

Just like the infamous Paul Simon song, "50 Ways to Leave Your Lover," there are countless ways for your boss to fire you from a job. However, this does not mean that all of the ways you could be terminated are lawful. For example, if you get fired in a way that violates state or federal laws, you could be the victim of wrongful termination.

Here are three examples of how wrongful termination can happen in a typical California workplace:

Can I take time away from work for medical reasons?

Some employees in the United States benefit from certain privileges under the Family and Medical Leave Act (FMLA). This law specifically protects the jobs of workers employed at firms with 50-plus employees (within a radius of 75 miles) as well as workers employed by private and public schools and public agencies.

Under the law, these employees can take as many as 12 unpaid weeks of leave annually in the event of a personal medical issue or a medical issue with their families without fear of losing their jobs. Here are the situations that allow employees to take this time off under the FMLA:

  • Bringing a new child into the family -- whether it's the birth of a baby, the adoption of a child or the addition of a foster child to your family
  • The need to care for a family member with a serious health concern
  • Necessary time off to recover from a serious personal health issue

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15260 Ventura Blvd., Suite 1740
Sherman Oaks, CA 91403

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