Law Office of Arkady Itkin / Tel. 916-720-0100 / e-mail: arkady@arkadylaw.com
A qualifying disabled worker has the following basic workplace rights under ADA (Americans with Disabilities Act) and FEHA (California Fair Employment and Housing Act): 1. The right to not be discriminated because of disability. An employer cannot treat you differently in terms of conditions and privileges of your employment (including wages and compensation) because of your Read More …
The recent Ninth Circuit case Nigro v Sears, Roebuck & Co. (2015), is extremely helpful in discrimination cases where an employee doesn’t have much proof of discrimination beyond his own testimony about the statements or actions taken against him that are discriminatory. In Nigro, a disability discrimination case, the claimant submitted a declaration stating that Read More …
Sometimes, an employee who experiences harassment at work wants to report it to HR or to his higher management without having it investigated. An employee might even want to insist on keeping his issue with the alleged harasser between him/her and the manager to whom it was reported. It’s important, however, that you are aware Read More …
PERB Decision No. 2409 / SEIU Local 1021 v Sonoma County Superior Court is an important decision holding that a public employee is entitled to have his union representative present at at the ADA / FEHA interactive process concerning accommodating his disability. In that case, the employer denied an employee’s request for union representative to Read More …
The California Supreme Court recently held in Mendiola v CPS Security Solutions (2015) that certain security guards are entitled to on call pay for on-call hours including their sleep time. In that case, the claimants were security guards who worked at constructions sites. The resided in a trailer provided by their employer. On weekdays, each Read More …
We periodically receive a very similar call or e-ail from the Sacramento Kaiser former employees (mostly nurses, and LVN’s). They get injured, file a workers comp claim or go on medical leave / disability leave and then shortly after returning they are fired for some petty or even untrue reason based on “violation of principles Read More …
Until now UPS had two employee policies that seem to not make much sense from the standpoint of disability laws and reasonable accommodations because of not providing for accommodation to pregnant workers. The first policy was that if a company driver temporarily lost his license because of a DUI conviction, the company would consider assigning an Read More …
If you have to submit your employment or wrongful termination case to a binding arbitration due to signing an arbitration agreement with the employer, you probably already know that this means that a single person – the arbitrator – will be deciding your case, and not a jury of 12 like it would be in Read More …
Wrongful termination cases based on religious discrimination are generally are far less common than other types of discrimination, because few employee exercise their religious rights in a way that would affect that work or attendance. In May v Community Development Commission of Los Angeles (2014), the claimant was 13 year-employee resident manager with the defendant Read More …
To file a discrimination suit against your (former) employer, you generally have to obtain a right-to-sue letter from either DFEH (Dept of Fair Employment and Housing) or EEOC (Equal Employment Opportunity Commission). If your DFEH or EEOC Right to Sue letter has expired, you will no longer be able to bring certain discrimination claims against Read More …