In addition to federal statutes related to housing and workplace discrimination, California has very strict rules on discriminatory practices.
Discrimination comes in many shapes and sizes. It can affect your housing, your employment prospects, and your quality of life. Bogaards Law handles discrimination claims of many types and fights for your right to a fair and just workplace and housing market. The following is an overview of the different kinds of discrimination you might encounter and what you can do about them.
Title VII of the Civil Rights Act makes it unlawful to discriminate against an employee on the basis of race, religion, national origin, or sex. The Americans with Disabilities Act extended these protections to those with disabilities. In 1967, the government also extended protections to those above a certain age under the Age Discrimination Act.
Anti-discrimination legislation is not limited to federal statutes. California also has laws governing these forms of discrimination known as the Fair Employment and Housing Act (FEHA). California’s rules are much stricter than the federal statutes and include more protected classes of people. In addition to those protected classes mentioned above, it is also unlawful to discriminate on the basis of sexual orientation, gender identity or expression, medical condition, genetic information, marital status, and military or veteran status.
These laws make it unlawful to make employment-related decisions on the basis of any of the aforementioned information.
There are several types of workplace discrimination claims. These include:
Federal statute requires that any company with more than 15 employees abide by anti-discrimination rules. California law reduces that number to five.
Discrimination in housing is governed by federal statutes in the Fair Housing Act. It is unlawful to discriminate against anyone on the basis of race, religion, national origin, sex, disability, or familial status. In this case, familial status can refer to parents with small children or single parents with small children. Landlords are prohibited from asking for security deposits for small children.
In addition, the Americans with Disabilities Act requires landlords to make “reasonable accommodations” to those who have disabilities. For instance, it would be illegal for a landlord to deny a rental application to a blind person who has a seeing eye dog on the basis of a no-pets policy. Service animals are not considered pets under the law. Likewise, landlords may not charge security deposits on service animals.
Types of housing discrimination lawsuits include:
In addition to federal and state statutes, there are also city and county laws that may apply to your area. Bogaards Law has helped many California residents file a complaint and pursue a lawsuit against a discriminatory employer or landlord. If you’re facing unlawful discrimination, we may be able to help you too. Contact us for more information.
Female student was sexually abused by a male student at a local private middle school. The male student had abused other students in the past.
Disputed sexual molestation of high school male student by female teacher at private school.
Plaintiff was the executive assistant for the CEO of a Silicon Valley tech company for only a few years. She was fired for absenteeism and poor work performance; however, plaintiff had a personal relationship with the CEO’s family and claimed that the personal relationship both interfered with her ability to do her office work and lead to her termination.
Court trial in Marin County for breach of plaintiff’s employment contract as an office manager. Plaintiff had both a personal and work relationship with employer, a medical doctor.
Elder abuse case involving the death of a client’s father at a skilled nursing facility due to neglect, dehydration, and open wounds. Case settled at early mediation.
Elder abuse case involving the death of a fellow attorney’s mother within a month of moving into an upscale care facility in Marin County, because she was not given medications. Expedited settlement within three months of claim.
Wrongful death of the 20-year-old daughter of Renee and Israel Morales in the San Bruno PG&E gas pipeline explosion, with co-counsel John Feder. We were the second case to go to mediation resulting in one of the highest settlements in history. We also accompanied Renee Morales to the PG&E criminal trial over 5 years later.
Wrongful death of 94 year old petite grandmother who ran out into traffic in the middle of the block between parked cars against a red light. Our accident reconstruction expert found no liability- zero-against the driver who hit her.
Partial finger amputation of 8-year-old boy with comparative fault.
Plaintiff was an 85-year-old man attending a weekly Rotary meeting at the DoubleTree Hotel in Livermore. He slipped on wet tiles and broke his femur in four places.
Plaintiff slipped and fell on nacho cheese on the floor at a U.S.F. basketball game, injuring his knee and resulting in arthroscopic surgery.
Wrist fracture arising out of pedestrian/auto accident, no surgery.
Carbon monoxide poisoning case where clients, living in a ranch home in west Marin County, had only one day of exposure and no residual symptoms.
Bicyclist suffered broken wrist injury requiring multiple surgeries in no liability case.
Race car professional suffered neuropathic leg pain when race car driver backed up into him, while standing at metal table in hangar.
Homeowner slips on unsecured tarp in her foyer after coming downstairs and sues her general contractor doing her kitchen remodel. Homeowner suffers a severe elbow injury with surgery.
Cyclist gets doored by rideshare car. Bruising and scarring near eye and hand.
Over 35 years of professional excellence
I recently had to mediate a complex and difficult case, where opposing counsel and I agreed to use Debra as the mediator. I found her to be extraordinarily competent, empathetic and efficient in getting my case resolved.
Debra was very thorough, read through and understood all the materials, and was very well prepared. She privately met with the parties and impressed upon them the risks each of them faced by going to trial. As a result, the parties reached a compromise which was fair, and only accomplished because Debra was able to see the case from a good perspective from both the plaintiff and the defendant’s point of view.
A month before trial, Ms. Bogaards successfully mediated a challenging personal injury case and was able to effectively bridge a vast cultural and legal divide, to broker a settlement acceptable to all.
We were extremely pleased by Debra’s professional abilities and personal attention, and we recommend her without hesitation! If you can imagine a good experience with a lawyer, Debra is it.
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