Oakland Personal Injury Attorney Blog

Five Female Prosecutors from Northern California Survive a Motion to Dismiss in Their Federal Sex Discrimination Lawsuit

May 27, 2021 | by Stephen M. Fuerch

If you decide to take your discrimination case to federal court, it is important to be aware that your employer has several tools it may deploy to try to get your case thrown out. One is the “motion to dismiss for failure to state a claim.” This is a very important part of the process because, if you lose this motion, you recover nothing. To make sure that you are prepared to win this and all the other motions that occur pre-trial, make sure you have an experienced Oakland workplace discrimination lawyer on your side from the very start.

A group of five female prosecutors from Contra Costa County faced, and overcame, that kind of challenge. The women sued the county and the District Attorney’s Office in federal court, laying out a case with a variety of alleged instances where sex bias affected assignments and promotions.

The women asserted that the employer engaged in “systematically demoting and failing to advance, promote and assign supervisory roles to qualified” female prosecutors while, at the same time, systemically offering promotions to more junior male prosecutors. This process resulted in three-quarters of all prosecutors having a man as a supervisor and, in some situations, less experienced male prosecutors “supervising higher ranking, advanced level female prosecutors.”

Court of Appeal: Misstating an Employer’s Proper Legal Name on a DFEH Complaint is Not Fatal to a FEHA Lawsuit

May 17, 2021 | by Stephen M. Fuerch

When you find it necessary to take on a workplace discrimination case, there are several hurdles you’ll face, and several opportunities to make very small errors. One of the big things to keep in mind is that not every small error will be fatal to your case. With the help of a skilled Oakland discrimination lawyer, you can overcome your employer’s attempts to defeat your case based solely on a hyper-technical error.

Here’s an example. A.C., a certified surgical technologist at an outpatient surgery center in San Diego, allegedly endured a considerable degree of discrimination during her time at the center, including sex discrimination, race discrimination, sexual orientation discrimination, harassment, and retaliation. So, she hired a lawyer and took legal action.

There are several steps that you must take in this process. Before you go to court, you have to file with the Department of Fair Employment and Housing. After you file with the DFEH, you have to wait to receive a right-to-sue letter. After that, you can take your case to court.

A New Bill in the California Assembly Would Expand the Group of Workers Protected from Discrimination and Entitled to Reasonable Accommodations

April 28, 2021 | by Stephen M. Fuerch

The unprecedented conditions of the last year have affected everyone in multiple ways. These impacts have also affected California’s legislators, who have enacted several news laws – and are contemplating others – that have a direct impact on workers across the state. If you believe you’ve been harmed by harassment or discrimination at work, you need a knowledgeable Oakland employment attorney who is not only experienced in handling these kinds of cases but also is completely up-to-date on any and all of the changes in the law.

If a Bay Area member of the Assembly’s proposal becomes law, then California discrimination law would feel a very direct effect. AB 1119, proposed by Assemblywoman Buffy Wicks of Oakland, would expand the anti-discrimination protections available to workers and job applicants in this state by adding an additional protected class within the Fair Employment and Housing Act’s safeguards against employment discrimination.

That class is people with “family responsibilities.” The spectrum of people who may fall within this class is potentially a wide one. This class can include parents of young children, children with parents in need of care, and people who provide care to family members with disabilities.

COVID-19, Employer-Mandated Vaccinations and California Anti-Discrimination Law

April 15, 2021 | by Stephen M. Fuerch

We have been living with COVID-19 for more than a year now. One very important development that, for many, represents a huge “light at the end of the tunnel” is the availability of a COVID-19 vaccine. Vaccinations, though, maybe problematic for many workers. Some may have religious objections and others many ethical objections. Still others may have medical reasons why they cannot receive the vaccine. An employer’s mandate of a worker’s vaccination may, in certain circumstances, represent a form of religious discrimination or disability discrimination in violation of the Fair Employment and Housing Act. If you think you’ve been the target of workplace discrimination for refusing to receive a COVID-19 vaccine, you should contact an experienced Oakland employment lawyer promptly to discuss your legal options.

Back on March 4, 2021, the Department of Fair Employment and Housing published an update to its DFEH Employment Information on COVID-19. The updated material was specifically targeted toward the issue of vaccinations.

In that updated document, the department confirmed that generally speaking, employers may require that their employees get one of the FDA-approved COVID-19 vaccines. What employers may not do, however, is demand that all employees get vaccinated, even those who presented the employer with an objection based upon his/her disability or sincerely-held religious belief.

Succeeding in Your Injury Case Caused by a Multi-Vehicle Crash in Northern California

March 26, 2021 | by Stephen M. Fuerch

Very few injury cases are the legal equivalent of a “slam dunk.” There inevitably will be many obstacles of varying types that will be positioned along the way, and any of them can trip you up, which is why it is so important to have legal representation from an experienced Oakland injury attorney when it comes time to pursue your case. Some cases, though, can be particularly complicated and may reflect a particularly high need for a skilled legal advocate.

Accidents that involve multiple vehicles can often be that kind of complex case. When you are hurt because one other driver rear-ended you, getting everything you deserve will be challenging, but parts of the case, such as who is liable, may be relatively straightforward. In multi-vehicle crashes, just determining who was to blame may be problematic.

Take, for example, a fatal accident from the pre-dawn hours of March 17. After a driver lost control along northbound Highway 101 in northern Sonoma County, his sedan hit the concrete center median, flipped, and came to rest wheels-down in the middle of the northbound travel lanes but facing south, according to a Press Democrat report.

The Differences Between Federal and California Disability Discrimination Law and How Those Differences May Help Your Case

March 16, 2021 | by Stephen M. Fuerch

People may offer all kinds of unsolicited legal opinions all the time. “Oh, that kind of accident isn’t something you can sue for.” “That kind of medical problem isn’t something you can win a discrimination case on.” And so on, and so on. Most of these opinions will inevitably come from non-lawyers. Don’t listen to them. If you think you’ve been harmed – such as suffering disability discrimination at work – make sure you are armed with reliable knowledge before you make any serious decisions. Reach out to a skilled Oakland employment attorney to get the information and the advice you need.

When it comes to disability discrimination in California, a recent discrimination case from Los Angeles reminds readers of a couple of different – and equally important – truths about disability discrimination law in California.

The first is that, just because you may not have a federal disability discrimination case, that doesn’t mean you have no potential disability discrimination case in California. The federal disability discrimination law (the Americans With Disabilities Act or ADA) establishes what the law calls a “floor” for discrimination prohibition. That means that state law cannot do less to protect people with disabilities, but it can do more.

Proposed California Bill Would Erect a New Protected Class Within the the Fair Employment and Housing Act

February 25, 2021 | by Stephen M. Fuerch

The law is frequently slow to change but, as society evolves, the law often follows along eventually. The Fair Employment and Housing Act (FEHA)’s protections against workplace discrimination are no exception. For example, sexual orientation became a protected class in 2000 and an amendment added gender identity/expression as a protected class in 2004. As the law is ever-changing, it is vitally important to make sure that, if you’ve suffered harm from discrimination on the job, you’re working with an experienced Oakland employment discrimination attorney who has an in-depth and up-to-date knowledge of all the relevant federal and California discrimination laws.

A Riverside County Republican senator has proposed a bill that, if it becomes law, would add yet another class that is protected against discrimination under the FEHA, according to East County Today. That class would be political affiliation. The “Diversity of Thought Act,” introduced by state Sen. Melissa Melendez, would insert “political affiliation” into the FEHA in three places. Those are Section 12920, Section 12940, and Section 12955 of the California Government Code.

The bill represents, according to the senator, an important protection against a rising societal problem, which is the so-called “cancel culture,” in which people may suffer a variety of harms, including employment discrimination, because of their political views, beliefs, and affiliations, according to the report.

How to Go About Seeking Compensation in California After a Vehicle Accident Has Killed Your Loved One

February 14, 2021 | by Stephen M. Fuerch

When a vehicle accident takes the life of your loved one, it is devastating. You know that no amount of money can “fix” what has been done. Nevertheless, your loved one and your family have still suffered a great loss, including potentially massive economic damage. To be sure that your family has the opportunity to get everything that the law says you’re entitled to, you have to make sure you are going about it the right way procedurally, which is why it pays to rely on the skill and knowledge of an experienced Oakland wrongful death attorney.

A fatal incident that took place in San Francisco’s South of Market neighborhood on New Year’s Eve is a reminder of how devastating these accidents can be. Two vehicles, a Honda and a Ford, met at an intersection. The Ford had the green light, but the driver of the Honda didn’t stop. The impact sent the Honda into two female pedestrians who were crossing in the crosswalk. One woman died at the scene, while the second died later at a hospital, according to a KPIX report.

The driver of the Honda fled on foot, but the police captured him a short time later. The state charged the driver of the Honda with an array of charges, including: “two counts of voluntary manslaughter, two counts of hit and run, driving a stolen vehicle, driving under the influence of drugs, two counts of DUI causing injury, speeding, running a red light, burglary” and other weapons and drug crimes, according to KPIX.

A California Appeals Court Revives a Police Bomb Technician’s Sexual Harassment Case Against Her Employer

January 30, 2021 | by Stephen M. Fuerch

Our system of civil litigation in California is based, in part, upon the idea that, generally, it is preferable when cases are resolved on their actual merits, not by one side using some technicality to sidestep addressing the merits. One of the implications of that notion of justice is that if you’ve put enough in your complaint to put the other side “on notice” of a basis for liability, you are entitled to pursue that basis. When it comes to putting together the strongest and most effective complaints (and case presentations,) be sure you are relying upon the experience of a knowledgeable Oakland employment attorney.

This concept proved very important to a police department employee in her recent sexual harassment case. S.A. had been a bomb tech for seven years when a male coworker, H.L., decided to make a play for her affections. He told her he had been “madly in love” with her for more than six years and planned to leave his wife due his love for her. S.A., who was a lesbian and had a female partner (all of which H.L. knew,) told H.L. that she didn’t love him and to leave her alone.

What allegedly ensued was a pervasive pattern of stalking. According to the complaint, H.L. showed up at restaurants where S.A. was eating, “bombarded” her with phone calls, texts and emails, and even showed up to S.A.’s job sites though he was assigned to a different detail. Eventually, the man allegedly cornered her and forcibly kissed her.

These Times Are Trying for Everyone. That’s Especially True for Californians Juggling a Job and Children Whose School or Childcare Facility Has Closed.

January 13, 2021 | by Stephen M. Fuerch

As the calendar turned from 2020 to 2021, most of California remained under a “stay-at-home” order. For some Bay Area residents, the lifting of lockdown orders may actually exacerbate, rather than reduce, the challenges they face. Many people who were working before the pandemic struck may find themselves forced to remain at home, needing to care for their young children whose daycare remains closed or whose school-aged children remain waiting for their schools to reopen to in-person learning. Be advised that if COVID-19 has forced you to take time away from your job to care for your family, the Fair Employment and Housing Act offers protection against discrimination and/or retaliation related to your taking leave for caretaking activities. If you’ve suffered that kind of harm in your job, you should take immediate action and contact an experienced Oakland employment attorney.

The Families First Act went into effect in April of last year. That law expanded the availability of family and medical leave. Once you return to your job after a period of leave, your employer is forbidden by California law from punishing or taking any kind of adverse employment action against you (like termination, demotion, reduction of hours, reduction of benefits, negative performance assessment, reassignment to a less desirable shift, etc.) because you took that leave.

Say, for example, that you take several weeks of leave to care for your three-year-old child because your child’s previous daycare closed due to COVID-19, and you could not find a new one immediately. Once you returned to work, your coworkers began treating you differently. Three weeks after your return, your supervisor gave you a negative performance review, which you had never before received in your seven years with the company.