Using FEHA as Defense against Your Discriminating Boss

Wednesday, September 19, 2012


Employment Discrimination

Image Source: http://www.careerealism.com

Disability discrimination in the workplace is against the provisions of the California’s Fair Employment and Housing Act (FEHA). Under this state law, employers with five or more employees in a year are prohibited to discriminate against and harass employees and applicants based on their physical or mental disabilities.

To begin with, FEHA was enacted in California to protect the interests and the rights of employee and applicants from discriminatory actions of employers. Furthermore, this law pushes for equal opportunity to all Californian workers.

Under FEHA, it is unlawful for covered employees to:

Terminate an employee because of his or her disability
Demote an employee because of his or her disability
Take away an employee’s benefits because he or she is disabled
Deprive an employee with just wage because he or she is disabled
Deny a job-qualified applicant’s employment because of his or her disability
Deny a disabled employee with reasonable accommodation

Los Angeles employees and applicants who were discriminated in their employment because of their disability are advised to file a complaint with the Department of Fair Employment and Housing (DFEH). This California government agency is mandated to investigate and mediate disability discrimination cases in the state.

Also, discriminated individuals may file a complaint with the Equal Employment Opportunity Commission (EEOC). This federal agency provides protection to job-qualified employees and applicants with either physical or mental disabilities. Like DFEH, the EEOC has the faculty to investigate and mediate disability discrimination complaints. Also, it can represent disability discrimination victims in pursuing their case in court.

Accordingly, disability discrimination victims are also advised to consult with a Los Angeles labor attorney to know the legal actions they should take. Additionally, a lawyer can assist them in claiming for damages from the employer who discriminated against or harassed them.

The Basics of Claiming for Slip and Fall Accident Case in Los Angeles

Friday, September 7, 2012

Los Angles Injury Attorney | Slip and Fall

 Image Source: http://www.byegoff.com/images/practices/slip_fall_wholepg.jpg?1338902695

If you slipped and fell inside the property of another person, you have the right to claim for personal injury compensations. Under the tort law and the legal theory of premises liability rule, a person who gets injured in a slip and fall accident inside another individual’s property has the right to receive monetary damages.

Los Angeles slip and fall accident victims must know their rights under the law for them to effectively and successfully claim for damages. Accordingly, slip and fall accident victims who are not sure whether or not they have a claim for compensations should learn certain factors. They can determine if they have a claim if their situation meets these factors:

•    The accident happened inside the premises of another person
•    The accident was caused by the property owner’s failure to avoid the mishap
•    The owner knows the danger inside his or her premises but did not do anything to solve it
•    The victim sustained injuries
•    The victim was not a trespasser

If the factors surrounding a Los Angeles slip and fall accident victim’s situation are similar to the ones mentioned, then he or she has a claim for personal injury compensations. Commonly, slip and fall accident victims are entitled to the following types of personal injury compensations:

•    Loss of income damages
•    Hospital and medication payments
•    Pain and suffering damages

As it is, proving the mentioned factors is not easy; however, it is exactly why it is advisable for the would-be claimant to get legal assistance from an experienced and aggressive Los Angeles accident attorney. The victim’s lawyer will be the one to establish the negligence and fault of the property owner in order for his or her client to become eligible for damages. He or she will also serve as the victim’s legal counsel and representative in out-of-court settlement procedures.