Facing Religious Discrimination in the Workplace

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The United States is a nation that prides itself on religious freedom. Unfortunately, there are a few individuals who may not be as accepting of different belief systems. Even more dismaying is that some of these individuals are employers, leaders, or company managers. Religious discrimination in this nation is not tolerable in the workplace and laws are in place to protect employees from discrimination. If you have reason to believe that you are being discriminated against because of your religious beliefs and/or practices, you may have a valid claim against your employer.

California Religious Discrimination Laws: An Overview

There are many ways in which an employee can experience religious discrimination in the workplace. While many discriminatory practices may not be as evident, others can be outright depraved. Religious discrimination may involve treating a job seeker or an employee unfavorably because of his or her religious practices or otherwise the lack of certain practices. Under California law, employers are prohibited to discriminate against a worker based on religious beliefs. In fact, employers are mandated to provide reasonable accommodations to their workers so that they may practice their religion.

The following list highlights some of the most powerful civil rights laws in the State of California. If you are unsure if the laws apply to your particular case, consult with a qualified and experienced attorney.

The California Fair Employment and Housing Act

The California Fair Employment and Housing Act, also known as FEHA, prohibits companies who have five or more employees from discriminating against or otherwise harassing a jobseeker because of his or her religious beliefs.

Under the California Fair Employment and Housing Act, discrimination includes unlawful actions that are committed by company based on either a jobseeker or a worker’s religious creed or the association the jobseeker or worker has with another individual who has or is otherwise believed to have a religious belief.

The California Workplace Religious Freedom Act

The California Workplace Religious Freedom Act entails that religious apparel is also incorporated in the meaning of religious belief or religious observance. Moreover, that the terms religious observance, religious creed and religion incorporate all aspects of religious practices, observance, and beliefs.

Religious Freedom Religious in the Workplace is a Civil Right

Anti-discrimination laws not only protect employees who are a part of an organized religion but they also seek to protect those who have deeply assumed moral, ethical, and religious beliefs.

The State of California prohibits religious discrimination in the workplace when it involves the following:

Hiring an individual
Paying an employee
Promotions
Transferring employees

By state law, it is also unlawful to harass, provide unreasonable accommodations, and segregating workers due to their religious beliefs. It is imperative to keep in mind that these lists are limited. There are many other legal protections an employee or job seeker can benefit from. However, it is also important to remember that there are also minimal exceptions. In order to understand the complexity of these proclamations, it is important to seek the support and guidance of an attorney who has experience in workplace discrimination.

Filing a Religious Discrimination Case Against an Employer in the State of California

There are two prominent agencies that enforce and oversee anti-discrimination claims. These are:

The Equal Employment Opportunity Commission
California’s Department of Fair Employment and Housing

If you are considering filing a discrimination claim against your employer, you will first need to submit the claim with one of these two agencies. The agency will then investigate the claim and ultimately send you a letter that will approve (or disprove) you sanding to file a lawsuit against the employer.

Obtain Legal Support

There are several proactive steps you can take to help your case, including taking detailed reports of the discriminatory encounter. Obtaining the guidance of an experienced attorney, however, can be considerably powerful to win your case. It is important to obtain legal support early in the case, since an attorney will be sure that your claim is submitted in a timely manner and under the appropriate agency. An accidental mishap can be detrimental, contact a professional attorney who can champion for your rights.

Racial Discrimination in the California Workplace | Yes it Still Exists

By

James DeSimone

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Before Title VII of the 1964 Civil Rights Act was passed, it was legal and commonplace for employers to discriminate against employees because of their race. With the enactment of Title VII, it became illegal to intentionally treat employees and job applicants differently because of their race, color, national origin, and ancestry.

Since 1964, even more specific federal and state laws have been created to prevent racial discrimination in the workplace. Despite these laws, in 2017, 29,427 incidents of workplace racial discrimination were reported nationwide, according to the U.S. Equal Employment Opportunity Commission (EEOC).

Locally, the California Department of Fair Employment and Housing (DFEH), which helps protect the state’s employees from unfair treatment, reported that there were over 8,000 complaints of workplace discrimination reported in 2016, over 740 of which were race related.

While the United States has made strides towards decreasing racial discrimination in the workplace, such statistics demonstrate that it still exists in excessive numbers. If you are a California resident and believe you’ve been discriminated against at your place of employment, or as a job applicant, because of your race, skin color, national origin or ethnicity, you may be able to file a complaint with the EEOC or with the California DFEH, both which have the power to investigate these types of cases. However, there is backlog which can delay investigation. At V. James DeSimone Law, we often request an immediate right to sue letter and conduct the racial discrimination investigation ourselves.

It is also important to follow a company’s employment discrimination complaint protocol and its best if complaints are made in writing. It is important write those discrimination complaints politely and request that prompt appropriate corrective action be taken. Emphasize how much you value your job and only want to work in a safe workplace free from discrimination, harassment or workplace violence.

What is racial discrimination in the workplace?

It can take many forms. It may occur in hiring practices such as when someone is denied a job when they have the same qualifications as another applicant simply because of their race. In other cases, an employee may be paid less because of their race or skin color or is bypassed for a promotion when they are as well qualified as a colleague of another race. Another example is when an employee is subjected to racial slurs and jokes or otherwise is forced to endure a racially hostile environment. Most commonly, adverse employment actions, like wrongful termination, occur in retaliation for making racial discrimination complaints. These are only some examples of racially discriminatory actions in the workplace.

In one recent incident of racial discrimination in the workplace in 2013, an African American NICU nurse was told that the father of an infant didn’t want her caring for his baby because she was black. Consequently, she was “reassigned” by her nursing supervisor. Though she complained to her supervisor about this discriminatory treatment, no action was taken to repair the situation. She subsequently filed an EEOC complaint, and through the work of her attorney, was awarded a substantial financial settlement because of the effects of the discriminatory treatment.

In a perfect world, discrimination and mistreatment of people because of race, skin color, national origin, and ethnicity wouldn’t exist. Yet, despite the laws in place, racial discrimination against California’s employees still occurs all too often.

Intentionally acting out biases in the workplace in the form of lower pay, denied promotions, hostile work environments, oppressive practices, or unfair hiring, is illegal.
When these biases affect California employees, whether the discrimination is overt or covert, laws that are in place to prevent such conditions may entitle employees to receive full and fair monetary compensation. Legal remedies are available under federal and state law protections when an employee has been discriminated against in the workplace due to race or ethnicity.

What can you do if you’ve been discriminated against?

If you believe you’ve been discriminated against because of your race or ethnicity in Los Angeles County, Orange County, San Bernardino County, Riverside County, or anywhere in Southern California, your civil rights may have been violated. Whether you were wrongfully terminated, denied a promotion, subjected to a hostile racial environment, or treated otherwise unfairly because of your race, the Los Angeles employment attorneys at V. James DeSimone Law can help determine whether your civil rights have been violated and, if so, may be able to help you recover monetary damages.

For over 30 years, Los Angeles attorney James DeSimone has dedicated his career to providing ethical and aggressive representation to those discriminated against by employers because of their race, skin color, national origin or ancestry. He is personally, morally, and professionally opposed to such unjust acts and fights vigorously for his clients’ civil rights when they’ve been harmed by racial discrimination in the workplace.

If you believe you’ve been a victim of racial employment discrimination, V. James DeSimone Law may be able to help. Let us review your case and advise you on your rights. But don’t delay. Statutes of limitations restrict the time allowed after a discriminatory employment incident to file a complaint, and, when the situation demands it, time constraints may affect the filing of a lawsuit.

If your case qualifies, meeting with our attorneys to evaluate your case is free, and if we take you on as a client, we get paid only if we win your case. To speak with one of our qualified, experienced employee racial discrimination attorneys personally, call 310-693-5561 to schedule an appointment.

Understanding How to a File a Wrongful Death Claim in California

By

Rick Nehora

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Filing for a wrongful death claim in the State of California can be a highly complex and difficult matter. After dealing with the sudden and unexpected death of a loved one, many victims’ survivors may need to seek compensation for their losses. While no form of restitution can help fill the void of the sudden death of a loved one, a wrongful death claim can help individuals deal with the heartbreaking situation.

Understanding wrongful death claims in the State of California can be beneficial when seeking to file a claim. There are various rules and regulations that a claimant must abide by which include, but are not limited to: the amounts of damages a claimant can receive, who is eligible to file for the suit, and the time restrictions that apply. If you seek to file a wrongful death claim, one of the best attainable resources is to contact a qualified attorney who is licensed in the State of California. An attorney who has experience in the State of California will be able to guide you through the process and be sure that the lawsuit presented has the best opportunity at being successful.

Wrongful Death Claims: An Overview

In the State of California, a wrongful death claim is result of the negligent act of a person or entity that ultimately caused someone’s death. In the State of California, wrongful death claims are a civil lawsuit. Wrongful death claims are presented to a court directly by the survivors of the victim, usually by way of their wrongful death attorney. They can also be presented by the personal representative of the victim’s estate. Further, wrongful death claims are only used to recover monetary damages from the negligent perpetrator. Upon a successful civil suit, the court will order the negligent entity to pay the victim’s survivors. In some cases, before a court trial, negligent parties may settlement offers in an effort to avoid court and or avoid the details of the death and payout from becoming public record for all to see.

The previous factors are what set a wrongful death claim apart from a criminal case for the homicide of the victim. Criminal cases are brought forth by the State of California in which a person who is found guilty is penalized by incarceration, fines, or probation. It is worth to mention that a wrongful death claim can be brought forth even if there is an open criminal case. Each case, while usually handled in California Superior Courts, are in different divisions and follow different guidelines as well as have very different potential outcomes.

Who is Eligible to file a Wrongful Death Claim in the State of California?

In the State of California, there are only limited types of people who are eligible to file for a wrongful death lawsuit. According the California’s Article 6 of the Code of Civil Procedure, only the following parties are eligible to file a wrongful death claim.

Surviving spouse
Domestic partner
Surviving children
In the event that there are no surviving people in the victim’s descent succession, a wrongful death lawsuit may then be brought forth by someone who will be entitled to the property by intestate succession. These can include the victim’s parents or siblings. Intestate succession is a common probate court term in which if no will or trust (estate planning), the court has a standard line of succession for inheritance. This would apply here to determine who is the rightful party to seek claim for the loss.

In addition, the following individuals can also bring forth a wrongful death claim if they can demonstrate that they were economically dependent on the victim:

The victim’s putative spouse
The victim’s stepchildren
The victim’s parents

If you have a reason to believe that you have the right to file a claim for a recovery due to a loved one’s sudden death, speak to a qualified and experienced attorney who can assist you. A qualified attorney will be able to guide you through the claim process and will have the legal understanding necessary to be able inform you if you have a legal standing to file the claim. Further, you can also read more about who can qualify to file a claim for a wrongful death lawsuit in the California wrongful death statute.

Understanding the Damages Available in a Wrongful Death Lawsuit

There are several different types of personal injury damages which are available in a wrongful death case in the State of California. The amounts of each case will vary based on the facts of each individual claim.

Typically, Damages are allocated according to the following:

To reimburse the estate for losses associated with the death, or
To the surviving loved ones for their personal losses they experienced in respect to the victim’s death

Losses typically credited to the estate include, but are not limited to the following:

Funeral service and other burial expenditures
Medical and hospital expenses for the victim’s final ailment and/or injury sustained, and
Lost salary, which includes the potential income the perished victim would reasonably have been expected to earn had he or she survived.

Losses typically credited to the victim’s surviving loved ones include, but are not limited to:

The value of domestic services
The loss of any expected economic support, and
The loss of love, moral support, affection, and guidance.

Wrongful Death Claim: Time Restrictions Involving the Filing of the Claim in the State of California

Similar to many personal injury cases, wrongful death claims in the State of California must be filed within a specific time period. Legally, this is known as a statute of limitations. The State of California law requires that a wrongful death claim be filed within two (2) years of the date of the person’s death. In many cases, if the family or victim’s loved ones fail to file the case in the State of California’s civil court system, the claim will likely not be no longer valid.

Filing for a wrongful death claim in the State of California will have many deadlines that a claimant must be mindful of. This includes the initial statute of limitations of the entire case. If you or someone you know is considering filing a wrongful death claim in the State of California, consider speaking to a qualified attorney. An attorney with the right experience will be aware of these strict deadlines and will ensure that your case is submitted in a timely manner. If there is a potential for a valid case, a deadline should not be a reason to lose the ability to file a wrongful death claim.

Obtaining Legal Support for Wrongful Death Claims

Filing a wrongful death claim can be a complex matter. The law can often be difficult to understand which may make it difficult to know if you have a standing in the right to file for a claim. Further, there are strict time frames that a claim must be filed in. In order to ensure that you have the best opportunity at a successful case, speak to a qualified attorney who can help guide you through the entire process.

The attorneys at the Nehora Law Firm are highly qualified in the personal injury area of wrongful death claims. They have helped many victims’ family members and other loved ones to recover the compensation they are owed for the grievances caused by the victims’ deaths.

A MAN, A HORSE, AND A DUI

By

Rob Collier, California Drivers Advocates

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In a recent article by The Sun, a 29-year-old man celebrating his birthday caused quite a scene that ended with his arrest for suspicion of drunk driving. On Saturday, February 24th, at around 1 a.m. police were called to the eastbound lanes of the 91 freeway between Paramount Boulevard and Downey Avenue. When they arrived they found a man, later identified as Luis Alfredo Perez who was riding a white horse. Perez was just entering the 91 freeway on horseback when police stopped him to interview him and administer a sobriety test. When Perez failed the test, officials determined he was under the influence of alcohol. CHP officials said Perez was booked into the Los Angeles Sheriff’s Department jail in Lakewood after being charged with driving under the influence on a horse. As for Perez’s horse, it was unharmed and released to Perez’s mother who responded to the scene promptly.

CHP officials were very surprised when they responded to the call as they had never expected to see a man on a white horse entering the freeway. When a person is under the influence they often lose all sense of rationality and tend to perform unusual acts. Though it is not common to see a man riding a horse on the freeway, it is unfortunately common for accidents to occur with a driver being under the influence and operating a vehicle. Innocent lives can be lost when a person decides to drive under the influence. There is no undoing the harm caused when someone takes a life after making the reckless decision to drive while intoxicated. If you know you will be drinking and need to go to another location, it is best to call a sober and stable driver to transport you to wherever you need to go in order to avoid the risk of accidents.

The DMV is required to take action against a driver when an accident occurs due to under the influence driving. The DMV seeks to ensure safety on the roads and discourage any irresponsible drivers that may hinder that from happening. The DMV will move to suspend the driver’s license immediately and he or she will not automatically be granted a hearing. A hearing must be requested and scheduled to have the opportunity to maintain the privilege to drive and if there are already penalties on one’s license prior to the accident this could cause even more trouble for the driver. It is crucial for the driver to conduct their research to find a professional and experienced team of DMV Experts who will schedule a hearing as soon as possible to ensure the most favorable outcome can be realized.

In the case of Perez, though it is an odd case, he would still have the right to be represented by a DMV defense team who deals with DUI offenses. California Drivers Advocates is a firm that can help defend traditional and commercial drivers at the DMV when their license and driving privileges are at risk of suspension or revocation. Rob Collier is the President and CEO. Mr. Collier is a Distinguished Graduate of the Los Angeles County Sheriff Academy and the Los Angeles County Sheriff’s Special Weapons and Tactics School. As a member of an Orange County DUI task force, Mr. Collier had made more than 1,000 arrests for DUI. He has also written or reviewed more than 4,000 DUI arrest reports. Visit Rob and his team at their website or contact them at 1-888-281-5244 as they will be happy to answer any questions you may have at no obligation.

Nursing Home Negligence

By

The Fearless Advocate Team

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Making the choice to send your loved one to a nursing home is not easy. In most cases, the choice to place a loved one in the care of a nursing facility is done after family members attempt to provide care on their own. When providing care becomes overwhelming, the difficult choice to send your loved one to a nursing home looms, and you expect that the nursing home will provide better care than you or other family members can. This is why it is so frustrating when your loved one is not obtaining the care and attention that he or she deserves.

Signs of Neglect

Many families tend to miss key signs of neglect by failing to pay attention to the smaller details. Nursing home negligence can present itself in various ways, depending on the type of patient and his or her needs. One patient may only appear to have poor hygiene while others may exhibit weight loss, bed sores, and emotional issues. Bruising and broken bones can also be signs of nursing home neglect as both can indicate that patients have impaired mobility and are not being adequately monitored. The best thing you or your loved one can do if you suspect neglect is to act on the suspicion.

What to do if You Suspect Negligence

If you have concerns that your loved one is being neglected, you should first try to speak with your loved one directly. This will help you determine if your suspicions are correct. If your loved one does not adequately communicate a response or has responses that do not quite add up, then follow up with your concerns to the nursing home management. If your concerns are not being adequately addressed, then you need to find alternative arrangements as the health and safety of your loved one is most important.

Wrongful Death

When an accidental death occurs as a result of nursing home negligence, you may have a claim for wrongful death. A wrongful death suit is a civil lawsuit that is filed when the negligence of an individual or organization causes the death of another. In California, a wrongful death action may be brought by a surviving spouse, domestic partner, surviving child, or other individuals who would be entitled to property if no will exists. A wrongful death claim must be initiated within two years of the date the incident causing death occurred.

Understanding the Financial Implications of a Divorce

By

Annette Gomez, Just Document Preparation

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Most families who have experienced the process of a divorce can attest that the most difficult implication is its negative emotional strain on the family as a whole and further on each individual adult or child. While this is usually true, it is also true that a divorce can be extremely costly causing economic hardship that can last well into the future.

Unfortunately, many studies suggest that divorced spouses will need to regain an average of thirty percent of their income in order to maintain a similar standard of living they had while married. Being aware before the first document is filed can safeguard from a financial strain after you have entered into the divorce process. Taking precaution can ultimately make the process less costly and perhaps even minimize the emotional distress.

Facing Financial Obligations After Divorce

When there are children involved in a marriage, it should always be both parent’s primary concern to ensure the children’s wellbeing. Unfortunately, due to many turbulent separations, this is not always the case. Unfortunately sometimes the non-custodial parent who is responsible for making child support payments feels that the former spouse is taking advantage of the funds and not spending it on the children. The non-custodial parent sometimes also feels that the court ordered support payments are too excessive or simply beyond the ability of the payer to maintain. It is important to remember, however, that there are several elements that are accounted for when the monthly payment amount is calculated. Some of these factors include:

Both parents’ gross incomes,
How many minor children of the relationship
Certain expenses such as union dues, health insurance for the children, and
The amount of time each parent will spend with the children.

If your divorce order includes a child support award, the payer is required to make those payments. Court orders are not suggestions but rather like a set of instructions for the parties involved. If for any reason your financial status has changed or there has been a change in the child custody or visitation, you may be able to request a child support modification. Once you have requested the modification, the child support can be reviewed and can ultimately be adjusted to reflect the current financial situation. This is not an uncommon process through either the court or the Department of Child Support Services.

Another financial effect, which you could face after a divorce proceeding, is that of spousal support, which is also commonly known as alimony. Spousal support can be paid to the spouse whose standard of living is compromised to the extent that they are unable to be self-sufficient. Determining the amount of spousal support is sometimes more difficult than determining the amount of child support. It’s always easier and better in the long run if both parties work together to decide the terms of spousal support. This agreement can be done through the use of private family law mediators. Another advantage to working this out together is that court appearances are not usually required.