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    What Is Pregnancy Discrimination?

    Last updated 1 month ago

    Under Title VII, it is illegal for an employer with 15 or more employees to discriminate against a female job applicant or employee because of her pregnancy. This means that employers can’t refuse to hire someone simply because she is pregnant. In addition, employers must allow pregnant employees to take a leave of absence or perform modified job tasks. 

    This video outlines what kinds of behavior constitute pregnancy discrimination in the workplace. For example, it is unlawful for an employer to terminate a female employee simply because she becomes pregnant. Instead, the employer must allow her to take time off if needed or else provide modified job tasks, similar to those required for an employee with a temporary disability.

    Founded by Steven Pail Cohn in 1994, the Advocacy Center For Employment Law focuses on employment and discrimination law in San Jose. To schedule a consultation, please call (408) 600-1972. 

    What Constitutes Disability Discrimination?

    Last updated 1 month ago

    Anytime an employer or business entity covered by the Americans with Disabilities Act treats a qualified person with a disability unfavorable because of that disability, he or she is committing disability discrimination. An employer also commits disability discrimination by treating a job applicant or employee differently because he or she has a history of disability. Unless it would create an undue hardship to the business, an employer is also required to provide reasonable accommodations to a job applicant or employee with a disability.

    Under the Americans with Disabilities Act, employers are also prohibited from discriminating against someone because he or she has a relationship with someone with a disability. For example, an employer can’t treat an employee unfavorably because her husband has a disability. In addition, the law bans disability discrimination in any aspect of the working environment, including hiring, firing, job assignments, and promotions.

    The San Jose employment law team at the Advocacy Center For Employment Law is dedicated to providing the highest level of service in a respectful, confidential environment. For more information, give us a call at (408) 600-1972.

    Laws Enforced by the Equal Employment Opportunity Commission

    Last updated 1 month ago

    The U.S. Equal Employment Opportunity Commission is the government agency responsible for ensuring that employers comply with federal laws against discrimination. The EEOC laws cover most employers with 15 or more employees, 20 employees in cases involving age discrimination. The EEOC enforces a variety laws that apply to different types of work situations, including hiring, firing, wages, and benefits.

    Civil Rights Act of 1964 (Title VII)
    Title VII of the Civil Rights Act prohibits employees from discriminating against employees or potential employees on the basis of race, color religion, national origin, or sex. It is also illegal for an employer to retaliate against someone who has complained of workplace discrimination or filed a discrimination lawsuit. The Civil Rights Act also requires employers to accommodate employee’s religious practices, unless this accommodation would create an undue hardship on the business.

    Equal Pay Act of 1963
    Under the Equal Pay Act of 1963, employers are prohibited to pay different wages to men and women, if they are performing equal work in the same business. In addition, the Equal Pay Act prohibits employer retaliation if someone complains about wage discrimination, files a charge of discrimination, or participates in an employment discrimination investigation or lawsuit.

    Title I of the Americans with Disabilities Act of 1990
    Title I of the Americans with Disabilities Act of 1990 prohibits discrimination against a qualified person with a disability, in either the private sector or in the state and local government. The Americans with Disabilities Act also requires employers to provide reasonable accommodations to employees with known physical or mental limitations, unless doing so would create an undue hardship for the business. Like other employment protection laws, the Americans with Disabilities Act also prohibit employer retaliation.

    If you feel that your employer has violated a federal employment law, contact the Advocacy Center For Employment Law at (408) 600-1972. Led by founding partner Steven Pail Cohn, our San Jose employment lawyers specialize in harassment and discrimination cases. In addition, Mr. Cohn has been named as one of the top labor and employment attorneys in the area.

    How Sexual Harassment Can Affect Your Job

    Last updated 1 month ago

    Workplace sexual harassment harms both the person experiencing the harassment as well as the coworkers who witness the harassment second hand. In some cases, the sexual harassment becomes so severe that the victim quits, which further demoralizes the work environment. If the employee decides to stay despite being a victim of sexual harassment, it can lead to other professional consequences.

    Loss of job
    Sometimes, a victim of sexual harassment faces termination simply for refusing to reciprocate the sexual advances. In these cases, the company or manager will usually cite a different pretext for the firing, but the employee is aware of the actual reasons for termination. Even if the victim hasn’t been fired, he or she typically faces the constant fear of termination for not responding to a coworker or supervisor’s sexual advances.

    Loss of wages
    Resisting sexual advances or complaining about offensive humor in the office may cause an employee to lose a promotion, face demotion, or suffer a variety of economic losses. In addition, being the victim of sexual harassment may jeopardize his or her relationship with the company, which could limit future pay increases and promotional opportunities. If the victim faces a demotion, it will likely negatively impact his or her pension contributions, medical benefits, overtime pay, and bonuses.

    Personal injuries
    Sexual harassment doesn’t just cause financial problems for the victim; it can also lead to stress-related illness and emotional problems. Being the victim of a supervisor’s unwanted advances can cause someone to develop emotional or mental injuries, such as depression and anxiety. The additional fear of job loss can also create an emotional strain. Cases involving hostile work environment sexual harassment can lead to physical personal injuries, as the victim may be subjected to physical pranks or violent acts.   

    Founded by Steven Pail Cohn in 1994, The Advocacy Center For Employment Law specializes in labor and employment issues throughout San Jose. Our lawyers offer the highest level of representation in a comfortable, professional environment. To schedule a meeting with a sexual harassment lawyer, please call (408) 600-1972.

    A Look at the Sexual Harassment Charges Against the San Diego Mayor

    Last updated 2 months ago

    Last summer, the former spokesperson for Mayor Bob Filner of San Diego brought claims of sexual harassment against the Mayor. A few days later, a former campaign staffer accused the Mayor of sexual harassment from when he was a Congressman. Both women claim he made inappropriate sexual remarks and physical contact with them.

    After repeated advances from the San Diego mayor, his spokesperson made the choice to resign and go public with her accusations. Mayor Filner’s former campaign staffer previously wrote a complaint to the Mayor as well as his chief of staff, demanding that no other woman be subjected to similar sexual harassment. In this video clip, both women detail the specific allegations of sexual harassment in their complaints.   

    The Advocacy Center For Employment Law specializes in sexual harassment and discrimination cases. Call (408) 600-1972 to speak with a San Jose sexual harassment attorney. 



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