Employment and Labor Law Attorneys

Employment and Labor Law Attorneys

With over a decade of successful representation, the employment and labor law attorneys of Rushovich Mehtani LLP in Los Angeles, CA can help you navigate the discrimination you are enduring in your place of employment. We value your civil rights and the important role they play for your equality in the workplace.

Our legal team is comprised of four employment and labor law partners, as well as supporting, experienced counsel and legal staff. If you are suffering from any form of discrimination at work, our attorneys are ready to hear from you today.

Civil rights laws in the United States and Los Angeles, CA thoroughly protect you inside and outside of the workplace. Allow our firm to help you understand where violations are occurring in your place of employment, and how we can pursue a financial recovery due to your unlawful treatment.

No matter how difficult the circumstances might be, we are here to help you build a case against your employer. We have experience with wrongful termination, sexual harassment, pregnancy discrimination, and any other type of discrimination in the workplace. Call Rushovich Mehtani LLP today for a free consultation (323) 433-9094.

National Statistics of Employment and Discrimination

National Statistics of Employment and Discrimination

Every year, thousands of Americans are fired, demoted, or unfairly treated by their employers because of their gender, religion, sexual orientation, disability, pregnancy status, veteran status, or other protected category.

In its latest report, the Department of Fair Employment and Housing (DFEH) said that in 2016, it received 23,510 complaints from the public, and 86% of these complaints contained allegations of employment discrimination. In Los Angeles County alone, 6,614 cases were reported at the DFEH in 2016.

Employees have the right to be free from experiencing any discrimination in the workplace. They should not be treated differently because of their race, gender, sexual orientation, religion, veteran status, pregnancy, or disability.

An employer is required to make reasonable accommodation for people who fall into certain categories, to ensure their protection against discrimination.

Employment Law Is an Extension of Your Civil Rights

Employment Law Is an Extension of Your Civil Rights

At Rushovich Mehtani LLP our employment and labor law attorneys in Los Angeles, California focus on protecting your civil rights in the workplace.

Right against Employment Discrimination

Discrimination refers to any adverse employment action that an employee or worker experiences due to their inclusion in a certain protected category such as:

  • Race or color
  • Disability
  • Religion
  • Sexual orientation
  • Gender
  • Veteran status
  • Pregnancy

An adverse employment action or change in the conditions of a person’s employment typically includes:

  • Termination of employment
  • Demotion
  • Change in working hours
  • Significant changes in work responsibilities
  • Change in pay

Defining Discrimination and Its Effects in the Workplace

Discrimination is the prejudicial or unjust treatment of differing groupings of people, especially on the grounds of race, age, or sex.

Any changes in the conditions of your employment because of discriminating factors, is illegal. Our discrimination attorneys in Los Angeles, CA are here to protect you against the party who caused your mistreatment and are willing to pursue them for all the financial damages they are eligible by law.

Potential adverse employment actions against these protected classes:

  • Ineffectively providing the required accommodations necessary based on the employee’s abilities
  • Termination, demotion, or change in hours
  • Significant changes in responsibilities

Areas that may be related to others discriminatory factors:

  • Wage & Hour
  • Hostile Work Environment
  • Breach of Employment Contract
  • Whistleblower

Your right as an employee is to be completely free from discrimination. No one should be treated differently because of race, religion, or gender.

The laws are stringently written and our labor law attorneys understand these rights and protections and will fight for our clients.

Necessary Accommodations Legally Required from Employer

In addition to an employee’s fundamental right against employment discrimination, specific laws require employers to provide reasonable accommodation to persons of certain categories. A reasonable accommodation refers to any change in the work environment or in the way that things are typically done, for the purpose of helping an individual with a disability apply for a job, perform job functions and duties, and enjoy employment benefits or privileges.

The type of accommodation that may be required of an employer will depend on the specific category that the individual falls under as well as the financial capacity of the employer to provide the same.

Disability

Employers must provide reasonable accommodation to a disabled job applicant or employee, provided that the accommodation would not be unduly expensive or difficult for the employer, causing the employer an "undue hardship."

A reasonable accommodation for an employee with a disability may include providing wheelchair access or maintaining a reader or interpreter for individuals who are blind or hearing-impaired. Other types of reasonable accommodation may involve anything that an employer can reasonably provide or do to help individuals with a disability manage their condition at work.

The employer of a pregnant worker must provide medical leave of up to four months, whether all at once or on an intermittent basis, for the employee to deal with disabling conditions related to pregnancy.

Religion

An employer may be required to implement reasonable adjustments to the work environment that can allow an employee of a particular religion to practice his or her faith. The reasonable accommodation may include job reassignments or voluntary shift swaps, flexible scheduling, and other changes to the workplace policies or practices.

What is considered a reasonable accommodation will depend on the circumstances, such as the number of employees working at the establishment, the nature of the worker’s disability or protected category, and the capacity of the employer to accommodate the employee’s situation.

Veteran Status

If a veteran must leave work to serve our country as part of his military commitment, they may not be fired or permanently replaced because of their service obligation.

If you have experienced discrimination at work, or your employer refuses to take steps to accommodate your condition that leads to injury or emotional distress, consult an experienced and compassionate employment discrimination attorney immediately to review your situation and determine whether the employer is legally liable for failing to provide reasonable accommodation for your disability or other protected condition.

Countering Wrongful Termination in Los Angeles, CA

Countering Wrongful Termination in Los Angeles, CA

Employment law is straightforward in its application, and employers who break these laws will face our skilled attorneys to help protect your rights, and enforce the laws that protect your livelihood.

Wrongful termination is the illegal act of laying off or firing an employee for any reason that breaches the terms of employment law.

At-Will Employment Limitations

California is an at-will state that generally allows an employer to terminate the employment of a worker at any time, with or without notice.

This prerogative to fire at will is limited by law and may not be legal if the cause behind the termination constitutes employment discrimination. Employees who believe they were terminated because of a protected category (i.e. sexual orientation, race, disability, pregnancy, etc.) may have a cause of action against their employer according to the US Equal Employment Opportunity Commission.

Where there is wrongful termination due to discrimination, the employer can be held liable to pay the employee:

  • Lost wages and benefits
  • Attorney’s fees and court costs
  • Damages for emotional distress
  • Punitive damages (in some cases)

There are time limits (also known as statutes of limitations) for filing a wrongful termination complaint in court. It’s imperative to consult a wrongful termination attorney immediately about your situation.

Civil Rights Laws Protecting Employees from Retaliation

The Civil Rights Laws in the United States and California protect employees from being fired because of a previously recorded claim against the company.

It is unlawful to fire an employee for:

  • Filing a discrimination claim against the employer
  • Refusing to commit an illegal act in the workplace

Employee manuals, or handbooks, often outline company policies for termination processes and procedures. If your employer is not following their established guidelines, you may have a wrongful termination claim.

Los Angeles, CA Sexual Harassment Attorneys

Los Angeles, CA Sexual Harassment Attorneys

Discrimination in the workplace can also take the form of sexual harassment. This discrimination is based on sex, gender expression, gender identity, or sexual orientation and can happen to any employee regardless of gender.

An employee may experience the harassment as:

  • Quid pro quo: when a job, promotion, or employment benefit is contingent upon the employee’s submission to sexual advances or other behavior based on sex
  • Hostile work environment: when an employee is subjected to unwelcome comments or conduct based on sex, creating a hostile, intimidating, or offensive work environment

Any of the following behaviors may be considered as sexual harassment:

  • Unwanted sexual advances
  • Graphic comments
  • Sexually degrading words
  • Obscene or suggestive messages or invitations
  • Physical touching
  • Assault
  • Displaying sexually suggestive objects or pictures
  • Derogatory comments or jokes
  • Asking for sexual favors as a condition for receiving employment benefits

All employers must take reasonable steps to prevent sexual harassment and may be liable for the offensive conduct committed by their supervisors and agents.

Get Help for Your Sexual Harassment

If you are on the receiving end of sexual harassment in the workplace, you have the option to pursue legal action against your employer through a civil lawsuit where you can recover:

  • Damages
  • Back pay or promotion
  • Attorneys’ fees and court costs

A successful litigant may also be entitled to reinstatement or hiring. Moreover, the employer who is found responsible for sexual harassment can be required to change its existing policies and practices to prevent sexual harassment in the workplace.

For over a decade, our sexual harassment attorneys at Rushovich Mehtani LLP in Los Angeles, CA, have represented employees who have suffered this terrible injustice in the workplace.

We understand the delicate nature of these cases can leave our clients in a vulnerable and wounded position. Our lawyers will diligently represent to ensure the hurtful circumstances behind these cases are righted as quickly and efficiently as possible, allowing you to move forward with your life in a confident way.

In sexual harassment cases, the victims and their harassers can be of the same or opposite sex. While simple teasing or isolated incidents may not constitute sexual harassment, our attorneys take these allegations seriously and want you to understand your rights and how you can recover financially as a result of your injuries.

Harassment is illegal when the:

  • Frequency creates a hostile work environment
  • Severity forms unfavorable working conditions
  • Conduct becomes a condition of your continued employment
  • Acts result in adverse employment outcomes, including demotions or firings

In sexual harassment cases, the harasser can be a:

  • Coworker
  • Victim’s supervisor
  • Supervisor from another department, or area within the company
  • Vendor
  • Client
  • Third-party visitor, including delivery personnel or cleaning service
  • Non-employee

Suffering from sexual harassment can be physically and emotionally damaging. This abuse can severely affect your ability to complete your duties at work while also interrupting your personal and social confidences. We can help you hold your harasser and your employer responsible for your abuse.

It is also important to understand that you do not have to be the person who is being harassed to have a case against your employer.

If you are affected by the offensive conduct taking place at your work, contact our experienced sexual harassment attorneys in Los Angeles, CA today. Find out how we can hold your employer responsible for the illegal offenses committed under their watch.

Los Angeles, CA Pregnancy Discrimination Attorneys

Los Angeles, CA Pregnancy Discrimination Attorneys

The Civil Rights Act of 1964 provides exceptional employment law protections throughout the United States. In 1978, the law was amended to include Pregnancy Discrimination, allowing woman to enjoy the ability to create a family without worrying that their job is in jeopardy.

Employees who are pregnant, recovering from childbirth, or affected by a related medical condition also are protected against workplace discrimination because of their condition. An employer, therefore, cannot legally deny or interfere with an employee’s pregnancy related employment rights.

The employer has the legal duty to:

  • Reasonably accommodate a pregnant employee’s medical needs related to the pregnancy, childbirth, or related conditions
  • Provide pregnancy disability leave of up to four months
  • Provide a reasonable period of break time
  • Transfer the pregnant employee to a less strenuous or hazardous position or reduce or change responsibilities if necessary

With regard to the pregnant employee’s right to take up to four months off work, this leave may be taken either all at once or on an intermittent basis, to deal with disabling conditions related to pregnancy such as morning sickness or threatened miscarriage.

At Rushovich Mehtani LLP, our Los Angeles, CA pregnancy attorneys are committed to assisting our clients so they can focus on their pregnancy and childbirth. We care about providing them the assurance and confidence that they are protected during their leave from employment during both pregnancy and childbirth.

If you are an employee who is covered by the Family Medical Leave Act you may have additional employment coverage that must be protected during your time away from work. Contact our pregnancy attorneys today to find out exactly what you are legally entitled to as a working mother.

Los Angeles, CA Attorneys for Other Types of Discrimination

Los Angeles, CA Attorneys for Other Types of Discrimination

Religious Discrimination

It is illegal for an employer to treat an employee or applicant unfavorably on account of his or her religious beliefs. Religious discrimination not only applies to employees belonging to religious groups such as Christianity, Islam, Judaism, Buddhism, and Hinduism, but also those who have other religious, moral, or ethical beliefs.

An employer may also be liable for religious discrimination when they treat a worker unfairly or differently because their spouse is of a particular religion. The protection against religious discrimination extends to all aspects of employment from hiring, firing, promotion, compensation, training, fringe benefits, job assignments, and any other term or condition of employment.

Sex Discrimination

It is illegal to treat someone unfavorably because of that person’s sex, sexual orientation, gender identity, or transgender status.

Common Sex Discrimination Activities

  • Failing to hire someone because of their transgender status
  • Terminating an employee who has made a gender transition
  • Intentionally and persistently failing or refusing to use the name and gender pronoun corresponding to the gender identity of an employee after an employee has undergone a gender transition and communicated the same to his or her employer
  • Prohibiting an employee access to a common restroom corresponding to the employee’s gender identity
  • Bypassing the promotion of an employee on account of their sexual orientation
  • Denying spousal health insurance benefits to an employee on account of having a same-sex spouse, while extending spousal health insurance to other-sex spouses of employees
  • Using derogatory terms, making sexually oriented comments, or disparaging remarks at an employee because of their sexual orientation

Race or Color Discrimination

Another type of discrimination involves the unfavorable treatment of an individual because of their race or personal characteristics associated with race or skin color.

There may be race discrimination even when the victim and the person who inflicted the discrimination are of the same race or color. It is sufficient that the unfavorable treatment in hiring, firing, pay, promotion, and other employment term and condition is based on the individual’s race, skin color, or physical features associated with one’s race.

An employee’s right against race discrimination also protects them from harassment, which may take the form of:

  • Racial slurs
  • Display of symbols that are racially offensive
  • Offensive remarks referring to a person’s race or color

While offhand comments, small teasing remarks, or isolated incidents that are not serious may not necessarily constitute race discrimination or harassment, the law punishes frequent or severe comments or teasing that create a hostile or offensive work environment or when the severe comments lead to an adverse employment decision.

If you feel that you are being harassed due to your race or color at work, it helps to talk to an experienced employment discrimination attorney about it. Your lawyer can take steps to prevent the harassment from continuing, and hold the persons responsible liable for the emotional distress that you may have experienced. Depending on the circumstances of your situation, you may also be able to pursue legal action against your employer for any adverse employment action because of race or color discrimination.

Importance of Employment Discrimination Attorneys

Importance of Employment Discrimination Attorneys

Discrimination at work can have severe adverse consequences on your personal life. Not only can discrimination put you at risk of losing your job and source of income, but it can also prevent you from exercising your civil liberties such as gender expression, gender identity, religious expression, and growing a family. This can lead to emotional distress and in serious cases, physical harm or injury.

While you have rights against employment discrimination, asserting and enforcing those rights can be a difficult challenge unless you have a competent and experienced attorney beside you to advise you and represent you.

Civil remedies that are available to an aggrieved employee or job applicant can be complicated for anyone who has no experience in litigation. In cases alleging employment discrimination, it is crucial to prove that an employer or supervisor has the animus or hate in their heart that is the reason for the unfavorable treatment.

Rushovich Mehtani LLP Can Help You

At the law firm of Rushovich Mehtani LLP, our employment law attorneys have decades of combined labor law experience. Our legal team is composed of top caliber attorneys whose prior years of experience include representing big companies and employers, providing us with a unique advantage of knowing how employers think, which allows us to obtain the best results for our clients.

Our firm is prepared to assist you the moment you see us for a free consultation. We have helped clients receive what they legally deserve by resolving cases before they even reach trial. If necessary, our compassionate employment discrimination attorneys are also prepared to go to trial in order to get the best outcomes for you.

Our founders are members of the California state bar and our offices are headquartered in Los Angeles, California. We handle all aspects of employment law such as wrongful termination cases, employment discrimination, harassment, wage and hour cases, retaliation cases, and whistleblower cases.

Team-Focused Employment Law Attorneys in Los Angeles, CA

At Rushovich Mehtani LLP, we approach each case that we represent as a team. Each lawyer and support staff member in our firm takes our legal responsibilities very seriously, and our commitment to our clients very personally.

The individuals we represent are not just a case: They are people. They are people who have families and livelihoods to uphold in our community. When our client’s happiness is upset at work by illegal and damaging behavior, we will work tirelessly to ensure they get the most out of their case’s results, whether it’s through negotiations, mediation or trial. We are committed to providing exceptional results for our clients because we know that their lives literally depend on it.

Many of our employment law attorneys in Los Angeles spent their early years representing corporate employers who were being accused of wrongful termination and discrimination suits. The experience of legally representing the other side was invaluable, as we know exactly what your employer’s course of legal defense will be once we file your claim against them. While we are better attorneys for knowing each side of the case fully, we are better people for upholding the rights of the employees and seeking the best financial recovery options possible for them – not protecting large firms from the people of California.

We welcome your call today at (323) 433-9094 to arrange your free initial consultation.

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