California Law Protecting Transgender People from Employment Discrimination

Gender identity is a protected class under California’s Fair Employment and Housing Act (FEHA), which means that transgender employees and applicants should not be discriminated. In accordance with the provisions set by FEHA, employers doing business in the State of California are prohibited to discriminate against employees as well as job seekers based on their gender identity and expression.

It is not a new knowledge that certain transgender people are discriminated in the workplace; however, with the help of FEHA, this employment issue may be addressed and resolved. Specifically, the Act does not allow employers to discriminate people based on their gender identity and expression when it comes to employment-related decisions such as:

·         Hiring process

·         Admittance of an applicant

·         Termination

·         Demotion

·         Providing of benefits and wage

Transgender people in California who have experienced workplace discrimination may file a complaint with the Department of Fair Employment and Housing(DFEH). Valid complaints would undergo certain procedures including:

1. Pre-investigation – DFEH officials would determine if the complaint is apt with the agency’s jurisdiction. If the complaint would be acknowledged, DFEH would initiate investigation.

2. Investigation – Once the complaint reaches the investigation stage, the Department would notify the employer involved about the nature and details of the discrimination claim. In return, the employer would be asked to submit a reply to the complaint.

3. Settlement – Upon hearing both sides, DFEH may mediate settlement between the two parties. However, the employer involved may initiate settlement without the assistance of the Department. When this happens, the complainant is advised to consult with DFEH officials prior to agreeing with the proposed settlement.

4. Further investigation – In case that no settlement would be reached, DFEH would further investigate the claim. During this stage, officials may issue subpoenas and may call on witnesses to further determine the details involved in the complaint.

Top Causes of Fatal Bicycle Accidents in Santa Monica

The rate of road accidents involving bicycle riders may be considered minor; however, this does not mean that bicyclists can ignore the dangers of the road. According to the National Highway Traffic Safety Administration(NHTSA), in 2009, 603 bicyclists were killed due to traffic mishaps in the United States. In California, the Administration recorded 99 deaths due to bicycle accidents.

In the whole of California, Santa Monica is arguably the most bike-friendly city. The City received an award from the League of American Bicyclists for advocating bicycles as a means of transportation. However, despite this, Santa Monica still is not a 100 percent bike accident-free city.

There are particular reasons why bicycle accidents do occur not only in Santa Monica but in the whole of California. The following are some of the determined factors that may cause bike accidents:

• Riding under the influence – If you think that alcohol consumption only affects motor vehicle drivers, you may need to think again. Bikers who operate their bicycles while drunk are susceptible to road accidents. Excessive alcohol consumption impairs a person’s reflexes, senses, and decision-making skills.

• Road hazards – Unlike motor vehicles, bicycles may be easily affected by road hazards such as unleveled pavements, shattered glass, puddle of water, plants, road litters, and even crossing animals. Because of this, it is a must for any bicycle enthusiast to ensure his or her safety by keeping track of the roadway.

• Negligent drivers – Even though a bicyclist follows all the traffic rules and safety precautions, he or she may still be vulnerable to road mishaps when he or she gets hit by a negligent motorist. When this happens, the injured biker, with the help of a Santa Monica personal injury lawyer, may file an injury lawsuit against the negligent driver involved.

In order for bikers to maximize the benefits of biking, they need to take all precautionary measures when riding on roadways.

Dog Bite Cases: Understanding California’s Strict Liability Rule

If there is a universal truth about dogs, it would be that they are always your friend but can also be your enemy sometimes. According to the Centersfor Disease Control and Prevention (CDC), about 4.5 million Americans get bitten by dogs each year. Of the said total number, at least 885,000 victims require a visit to emergency rooms of hospitals.

Despite the fact that there is only a very slim chance of fatality due to dog bites; dog owners must still be aware of the consequences of dog attack accidents. In Los Angeles, California, hundreds of personal injury cases are forwarded each year due to dog bite-related accidents. Pursuant to California’s strict liability rule, owners of canines that attack a person may be held legally liable for the incident.

Under strict liability rule, a dog owner may be subjected to civil charges even if he or she was not negligent when the accident occurred. The victim only needs to prove that the dog is vicious thus causing the attack. Dog bite accident victims are advised to seek assistance from a Los Angeles personal injury attorney in order to lawfully assert for compensation claims.

Recoverable damages for dog bite personal injury cases in California include:

·         Medical expenses

·         Loss of income

·         Pain and suffering

·         Property damage

However, in spite of the implementation of the strict liability rule, the legal setting in California concerning dog attacks is not absolute. A victim may find it difficult to obtain personal injury compensations if:

·         The dog that attacked the victim cannot be identified – This is common for attacks inflicted by stray dogs.

·         The victim provoked the dog – In case that the victim maltreated or provoked the dog to attack, he or she may not be eligible for compensations.

The victim is a trespasser – A person who gets inside a property without the permission of the owner may not claim for compensations if he or she gets bitten by the landowner’s dog.