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California Employment Discrimination Questions & Answers
2 Answers | Asked in Employment Law, Employment Discrimination and Domestic Violence for California on
Q: Employer pressured me to resign; experienced verbal abuse, anxiety, and no severance. What actions can I take?

I left my job about 6 months ago after my employer manipulated my work environment and suggested I resign "of my own will." This included verbal abuse and being told to seek medical help for alleged mental health issues. My coworkers were also involved in this pressure, and I've... View More

Michael R Trust
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answered on May 22, 2025

Hello,

If you have no documentation, it's going to be difficult to prove your allegations. It's unlikely that you will have friendly witnesses as well. "Bullying" which is largely what you describe here isn't protected legally. You might have a claim, if you can...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer reduced shifts, hired younger bartender, possible age discrimination?

I have been bartending at my current job since the bar opened a month ago. I was originally working five days a week as the only bartender, but my employer recently reduced my shifts to two days a week, giving them to a new, much younger bartender. Although I've received compliments on my... View More

Brad S Kane
Brad S Kane
answered on May 10, 2025

First, protection from age discrimination only applies to people 40 or oleder.

Second, assuming you are 40 or over, you may have a claim if the term "baggage" can interpreted as negative reference to your age.

You should keep a written record of: (i) any potentially...
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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer reduced shifts, hired younger bartender, possible age discrimination?

I have been bartending at my current job since the bar opened a month ago. I was originally working five days a week as the only bartender, but my employer recently reduced my shifts to two days a week, giving them to a new, much younger bartender. Although I've received compliments on my... View More

Michael R Trust
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answered on May 10, 2025

Hello. It could, but only after a month, it would be hard to prove on these facts alone. Age discrimination is notoriously hard to prove. Your damages thus far are not likely to warrant legal action in that the economics of it don't make sense. Age discrimination only applies to people who are... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: Employer write-ups and accusations after pregnancy disclosure

Since informing my employer of my pregnancy, my work environment has worsened. I have been written up twice for "job performance" without prior discussions about the issues. I possess copies of all write-ups. I'm accused of eating while working and stealing pastries, but I follow a... View More

Brad S Kane
Brad S Kane
answered on May 8, 2025

The timing of the write-up suggests pregnancy discrimination. You should consider filing a written complaint for pregnancy discrimination and retaliation to create a written record and deter future misconduct. Your complaint should specifically address when and how you notified your employer of... View More

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2 Answers | Asked in Employment Discrimination, Civil Rights and Employment Law for California on
Q: Facing racial discrimination in hiring due to being white, having higher education, and an accent.

I believe I am facing racial discrimination in the hiring process due to my being white, having a higher education, and an accent, which seems to result in refusal to hire me. This has affected my job prospects negatively despite my qualifications. How can I address this situation legally?

Neil Pedersen
Neil Pedersen
answered on Apr 26, 2025

Assuming you could prove your allegations, your best first move is to locate and consult with an experienced employment law attorney who can assist you with the appropriate and required filing of an administrative complaint with the right government entity, and then to commence litigation in the... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Civil Rights for California on
Q: Experiencing discrimination due to syringomyelia at a company with headquarters in California.

I believe I'm facing discrimination due to my chronic health condition, syringomyelia. I was reprimanded for not coming into the office after traveling by plane for 8 hours, despite informing my boss two weeks prior that I would need to rest, to which she responded positively. However, she... View More

Michael R Trust
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answered on Apr 24, 2025

Hello. Appalling. Have you formally documented your health condition with your employer (for example, by providing them with a healthcare provider note)? If not, upon your telling them that you have a health condition that affects your ability to perform the essential functions of your job, they... View More

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2 Answers | Asked in Employment Discrimination, Employment Law and Civil Rights for California on
Q: Should I take legal action against my employer for prohibiting Spanish and facing harassment at work?

My employer has prohibited me from speaking Spanish to Spanish-speaking patients. Despite a traumatic brain injury (TBI) I sustained a year and a half ago, I am still fluent in the language and fully able to communicate, although I tend to speak more slowly. In the six months I’ve been with the... View More

Michael R Trust
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answered on Apr 20, 2025

Your employer can't prohibit you from speaking another language, absent some specific conditions, which don't appear to be here, based on what you wrote. https://calcivilrights.ca.gov/wp-content/uploads/sites/32/2023/01/Workplace-Discrimination-Poster_ENG.pdf If your employer has... View More

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3 Answers | Asked in Civil Rights, Employment Law, Employment Discrimination and Personal Injury for California on
Q: Pregnant Amazon worker forced to work 12-hour shifts, denied easier tasks, premature delivery; discriminatory treatment suspected.

I joined Amazon in a warehouse position when I was six months pregnant in September 2023. Despite having a doctor's note restricting me to 8-hour shifts and limiting heavy lifting, my manager and HR team did not adjust my schedule, and I worked 12-hour shifts with heavy lifting and stair... View More

Brad S Kane
Brad S Kane
answered on Apr 19, 2025

First, put your concerns in writing to HR so there is a record of your concerns. it is often easier to win retaliation and whistleblower complaints than discrimination claims. Further, the complaint will be key evidence for your claim. It should include a chronology of events and attach any... View More

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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: What is the statute of limitations for a discrimination lawsuit in California?

I experienced sexual orientation and age discrimination in Irvine, CA on May 23, 2023. After the incident, I wrote a review on Yelp about it. What is the statute of limitations for filing a discrimination lawsuit in this situation?

Neil Pedersen
Neil Pedersen
answered on Apr 10, 2025

Your post is not clear: was this in an employment context or otherwise?

In employment law, unless you are required to sue under certain federal statutes rather than the California Fair Employment and Housing Act, you have three years from the date of the act about which you wish to complain...
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2 Answers | Asked in Civil Rights, Employment Discrimination and Employment Law for California on
Q: Guidance on age and race discrimination at my workplace in CA.

I have been working at Prime Healthcare since 2016 and was promoted to Supervisor in the Performance Improvement department in 2017. I am now 65 years old and the oldest person in the department. Since my promotion, I've seen favoritism towards Indian and Pakistani employees on student visas,... View More

Brad S Kane
Brad S Kane
answered on Apr 5, 2025

First, you should strongly consider submitting a written complaint about your racial discrimination concerns and as well as your age discrimination concerns. By doing so, you give the employer an opportunity to investigate and correct those problems. Further, if your employer terminates you in... View More

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2 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: I've faced harassment and discrimination at my job within Lynwood Unified School District. I was demoted despite having a plumber's degree and am refused plumber classification.

I have been an employee of the Lynwood Unified School District for 28 years. Over the last four years, I have experienced harassment and discrimination at my job. About five years ago, I was working in the plumbing shop, handling irrigation and plumbing tasks. I was demoted due to not having a high... View More

Neil Pedersen
Neil Pedersen
answered on Mar 22, 2025

Far more needs to be known to determine if the employer has violated the law. Your post contains no information that the harassment you have experienced was based on your membership in a protected class of people or because you engaged in some kind of legally protected conduct. Absent those two... View More

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2 Answers | Asked in Employment Law, Employment Discrimination and Civil Rights for California on
Q: Do I have a case for wrongful termination or disability discrimination in CA?

I was terminated from my job in California for allegedly not following procedures. I've dealt with a disability at work for nearly five years, and my employer was aware of it. The building's elevator often broke, requiring me to use the stairs to leave from the 4th floor despite being... View More

Neil Pedersen
Neil Pedersen
answered on Mar 18, 2025

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Maya L. Serkova
Maya L. Serkova
answered on Mar 3, 2025

I agree with my colleague's response that your employer's conduct is not entirely lawful here. At this point, I suggest you consult an employment law attorney for a more individualize assessment of your case, who will further examine your situation and explain your options. Most... View More

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3 Answers | Asked in Employment Discrimination and Employment Law for California on
Q: What to do about HR dismissing my protected class concerns and reducing work hours?

I have been experiencing issues at work related to my protected class status. Today, HR admitted over a phone call that they would discuss the matter with me only over the phone. In summary, they told me to let go of past incidents where I was attacked for being a part of a protected class. Despite... View More

Brad S Kane
Brad S Kane
answered on Mar 3, 2025

First, if HR is not willing to communicate about your complaint in writing that is a huge red flag.

Second, the reduction in your hours is already an adverse employment action, so it appears that your employer is asking you to accept the discrimination that has already occurred....
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2 Answers | Asked in Employment Discrimination, Arbitration / Mediation Law and Employment Law for California on
Q: Denied promotion due to potential favoritism and discrimination; exploring options under arbitration agreement.

I have been working as a supervisor at a health corporate for 9 years. Despite consistently receiving high appraisals (3/3 every year) and effectively managing work with our 50 hospitals, I am being denied promotion. My peers have been promoted to Manager positions, but I have not received a... View More

Brad S Kane
Brad S Kane
answered on Feb 28, 2025

Your next steps should be to prepare a chronology of events supported by documentary evidence.

Next, you should review it with a lawyer to confirm you have enough evidence to establish a good faith claim, then you prepare a complaint to HR about the discrimination - hopefully reviewed by a...
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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is denial of ADA accommodation for anxiety legal?

I suffer from chronic anxiety and high blood pressure, and I've been diagnosed by a physician. I'm on blood pressure medications and beta blockers for these conditions. My employer previously granted a workplace accommodation allowing me not to report to our Oakland office, as this... View More

Neil Pedersen
Neil Pedersen
answered on Feb 19, 2025

The answer to your question requires far more information than your post provides. You need to locate and consult with an employment law attorney to get the kind of advice you seek. It may be the employer is violating your rights, but it is also possible that you have not done enough to put the... View More

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2 Answers | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for California on
Q: Do I need to tell my HR manager at my new job about my criminal background 24 years ago.

The position is for the School district food service worker supervisor classified position. This is in California . It sounds worse than it was, and it was 24 years ago. My no contest, was changed to a not guilty, and was expunged after I completed my community service. I want to be honest with... View More

Louis George Fazzi
Louis George Fazzi
answered on Feb 10, 2025

The short answer is no, you do not have to report a crime, which was expunged about 24 years ago, to your employer.

Keep that to yourself, and good luck with your new job.

I'm sure you already knew the answer, but needed confirmation from someone with expertise. While I'm...
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3 Answers | Asked in Contracts, Employment Law and Employment Discrimination for California on
Q: WFH compny holds legal benefits till after 90 days to employee. Claims it's legal. Deposits cash only to his acct.

Company claims actions legal on workers benefits. Holds benefits till after 90 days of starting training and working. Only asks for employees Federal I.d. and valid bank account to deposit cash payments once a week. And holds 1 week back after employee starts to work. When asked about contract they... View More

Brad S Kane
Brad S Kane
answered on Jan 30, 2025

Bathroom breaks do not count toward your 10 min rest break every 4 hours. The employer is required to provide paystubs showing your hours and earnings. The employer is required to reimburse for all necessary business expenses including electricity and internet if you are working remotely from the... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: Is my employer required to put me back on the schedule after my Fmla runs out? If they don't can I be terminated.

Im not ready to go back yet, and we have a daily online schedule check and im still not scheduled so could they terminate me if they don't schedule me or contact me on return?

Louis George Fazzi
Louis George Fazzi
answered on Jan 22, 2025

The answer to your question depends on whether your physician has continued you on disability. That is a matter between you and your doctor. You should discuss this with your doctor to see if your doctor will continue your disability status and, if so, if she can provide you the necessary off work... View More

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2 Answers | Asked in Employment Law and Employment Discrimination for California on
Q: If a Costco employee that has a worker’s compensation claim is sent home without pay because they don’t want to accommod

They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney

Neil Pedersen
Neil Pedersen
answered on Dec 23, 2024

It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not... View More

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