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…
Oakland Personal Injury Attorney Blog
Court of Appeal: Misstating an Employer’s Proper Legal Name on a DFEH Complaint is Not Fatal to a FEHA Lawsuit
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…
A New Bill in the California Assembly Would Expand the Group of Workers Protected from Discrimination and Entitled to Reasonable Accommodations
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…
COVID-19, Employer-Mandated Vaccinations and California Anti-Discrimination Law
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…
Succeeding in Your Injury Case Caused by a Multi-Vehicle Crash in Northern California
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…
The Differences Between Federal and California Disability Discrimination Law and How Those Differences May Help Your Case
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…
Proposed California Bill Would Erect a New Protected Class Within the the Fair Employment and Housing Act
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…
How to Go About Seeking Compensation in California After a Vehicle Accident Has Killed Your Loved One
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…
A California Appeals Court Revives a Police Bomb Technician’s Sexual Harassment Case Against Her Employer
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…
These Times Are Trying for Everyone. That’s Especially True for Californians Juggling a Job and Children Whose School or Childcare Facility Has Closed.
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…